67406 Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Proposed Rules 

and are fully enforceable by all relevant 

state and local agencies and 

authorities.’’ Thus, the South Carolina 

SIP applies to the Catawba Reservation, 

however, because today’s proposed 

action is not approving any specific rule 

into the South Carolina SIP, but rather 

proposing that the State’s already 

approved SIP meets certain CAA 

requirements, EPA has preliminarily 

determined that there are no substantial 

direct effects on the Catawba Indian 

Nation. EPA has also preliminarily 

determined that these revisions will not 

impose any substantial direct costs on 

tribal governments or preempt tribal 

law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate Matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: October 30, 2014. 

Anne Heard, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2014–26737 Filed 11–12–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2013–0602; FRL–9919–07– 

OAR] 

RIN 2060–AR33 

Carbon Pollution Emission Guidelines 

for Existing Stationary Sources: 

Electric Utility Generating Units 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice; additional information 

regarding the translation of emission 

rate-based CO2 goals to mass-based 

equivalents. 

SUMMARY: The Environmental Protection 

Agency (EPA) is issuing this notice in 

support of the proposed rule, ‘‘Carbon 

Pollution Emission Guidelines for 

Existing Stationary Sources: Electric 

Utility Generating Units,’’ published on 

June 18, 2014 and the supplemental 

proposal, ‘‘Carbon Pollution Emission 

Guidelines: Existing Stationary Sources 

in Indian Country and U.S. Territories; 

Multi-jurisdictional Partnerships,’’ 

issued on October 28, 2014, to provide 

further discussion of potential 

approaches for translating the emission 

rate-based carbon dioxide (CO2) goals 

that the EPA has proposed for each 

affected jurisdiction to an equivalent 

mass-based metric. 

DATES: Comments on the proposed rule 

published on June 18, 2014, along with 

the additional information presented in 

this notice, must be received on or 

before December 1, 2014. 

ADDRESSES: Comments. Submit your 

comments, identified by Docket ID No. 

EPA–HQ–OAR–2013–0602, by one of 

the following methods: 

Federal eRulemaking portal: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Email: A-and-R-Docket@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2013–0602 in the subject line of the 

message. 

Facsimile: (202) 566–9744. Include 

Docket ID No. EPA–HQ–OAR–2013– 

0602 on the cover page. 

Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Mail code 28221T, Attn: Docket ID No. 

EPA–HQ–OAR–2013–0602, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460. 

Hand/Courier Delivery: EPA Docket 

Center, Room 3334, EPA WJC West 

Building, 1301 Constitution Ave. NW., 

Washington, DC 20004, Attn: Docket ID 

No. EPA–HQ–OAR–2013–0602. Such 

deliveries are accepted only during the 

Docket Center’s normal hours of 

operation (8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

federal holidays), and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: All submissions must 

include the agency name and Docket ID 

No. (EPA–HQ–OAR–2013–0602). The 

EPA’s policy is to include all comments 

received without change, including any 

personal information provided, in the 

public docket, available online at 

http://www.regulations.gov, unless the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. Send or 

deliver information identified as CBI 

only to the following address: Mr. 

Roberto Morales, OAQPS Document 

Control Officer (C404–02), Office of Air 

Quality Planning and Standards, U.S. 

EPA, Research Triangle Park, North 

Carolina 27711, Attention Docket ID No. 

EPA–HQ–OAR–2013–0602. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information on a disk or CD–ROM that 

you mail to the EPA, mark the outside 

of the disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information you 

claim as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, 

you must submit a copy of the comment 

that does not contain the information 

claimed as CBI for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

The EPA requests that you also 

submit a separate copy of your 

comments to the contact person 

identified below (see FOR FURTHER

INFORMATION CONTACT). If the comment 

includes information you consider to be 

CBI or otherwise protected, you should 

send a copy of the comment that does 

not contain the information claimed as 

CBI or otherwise protected. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through http://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available (e.g., CBI or other 

information whose disclosure is 

restricted by statute). Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA WJC West 

Building, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding federal holidays. The 

telephone number for the Public 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Proposed Rules 67407 

1CAA sections 111(d)(1) and (a)(1) direct the EPA 

to define BSER as the basis for state plans to reduce 

CO2 from the affected sources. 

Reading Room is (202) 566–1744, and 

the telephone number for the Air Docket 

is (202) 566–1742. Visit the EPA Docket 

Center homepage at http://

www.epa.gov/epahome/dockets.htm for 

additional information about the EPA’s 

public docket. 

In addition to being available in the 

docket, an electronic copy of this notice 

will be available on the World Wide 

Web (WWW). Following signature, a 

copy of this notice will be posted at the 

following address: http://

www2.epa.gov/cleanpowerplan/. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Vasu, Sector Policies and Programs 

Division (D205–01), U.S. EPA, Research 

Triangle Park, NC 27711; telephone 

number (919) 541–0107, facsimile 

number (919) 541–4991; email address: 

vasu.amy@epa.gov or Ms. Lisa Conner, 

Sector Policies and Programs Division 

(D205–01), U.S. EPA, Research Triangle 

Park, NC 27711; telephone number (919) 

541–5060, facsimile number (919) 541– 

4991; email address: conner.lisa@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Organization of This Document. The 

information presented in this notice is 

organized as follows: 

I. Background 

A. Proposed Rule 

B. Purpose of the Notice 

II. Additional Information on the 

Translation of Emission Rate-Based CO2

Goals to Mass-Based Equivalents 

I. Background 

A. Proposed Rule 

On June 18, 2014, under the authority 

of Clean Air Act (CAA) section 111(d), 

the EPA proposed emission guidelines 

for states to follow in developing plans 

to address greenhouse gas (GHG) 

emissions from existing fossil fuel-fired 

electric generating units (EGUs)(79 FR 

34830). On October 28, 2014, the EPA 

also issued a supplemental proposal, 

‘‘Carbon Pollution Emission Guidelines: 

Existing Stationary Sources in Indian 

Country and U.S. Territories; Multijurisdictional Partnerships’’ (79 FR 

65481). 

One of the main elements of the 

proposals is the establishment of 

emission rate-based CO2 goals. To set 

these goals, the EPA analyzed practical 

and affordable strategies that states and 

utilities are already using to lower 

carbon pollution from the power sector. 

These strategies are incorporated into 

what the proposal describes as building 

blocks that comprise the best system of 

emission reduction (BSER).1 These 

strategies, which are already being 

deployed by states and companies 

across the country, include 

improvements in efficiency at carbonintensive power plants; programs that 

enhance generation from, and spur 

private investments in, low emitting and 

renewable power sources; as well as 

programs that help homes and 

businesses use electricity more 

efficiently. The EPA has proposed goals 

for each state, area of Indian country 

and U.S. territory with affected EGUs, as 

a carbon intensity rate, in terms of CO2

per megawatt-hour generated. In 

calculating the emission rate-based goal, 

the EPA also took into consideration the 

area’s fuel mix, electricity market and 

numerous other factors. Thus, each goal 

reflects the unique conditions of each 

state, area of Indian country and U.S. 

territory. The proposed rule also 

provides flexibility by authorizing each 

implementing authority to demonstrate 

achievement of the goal using a massbased metric that is equivalent to its 

emission rate-based CO2 goal. With the 

proposed rule issued on June 18, 2014, 

the EPA issued a TSD that demonstrates 

one potential way to translate the ratebased goal to a mass-based equivalent. 

B. Purpose of the Notice 

Upon issuance of the proposed rule, 

the EPA continued the extensive 

outreach effort to stakeholders and 

members of the public that the EPA had 

engaged in for many months preceding 

the proposal. This outreach has 

provided opportunities for all 

jurisdictions with affected entities— 

both individually and in regional 

groups—as well as numerous industry 

groups and non-governmental 

organizations, to meet with the EPA and 

ask clarifying questions about, and give 

initial reactions to, the proposed 

components, requirements and timing of 

the rulemaking. This outreach has 

included individual meetings; 

attendance at conferences; webinars; 

conference calls; and other 

communications, during which the EPA 

has responded to hundreds of clarifying 

questions about the proposal and 

received numerous initial reactions in 

both oral and written form. This 

engagement has been designed to 

facilitate a better understanding of the 

rule by stakeholders so that they could 

provide more informed substantive 

comments for the EPA to consider for 

the final rule, as well as allow the EPA 

to consider stakeholders’ initial 

reactions. 

During these discussions, many of the 

states, in particular, emphasized the 

importance of having more information 

and clarity on how the proposed ratebased goals could potentially be 

translated to a mass-based equivalent 

metric. Some states requested additional 

information about how they might 

calculate a mass-based equivalent 

metric, while other states requested that 

the EPA calculate and provide 

presumptive mass-based equivalent 

metrics. 

The purpose of this notice is to share 

additional information regarding 

potential methods for determining the 

mass that is equivalent to the emission 

rate-based CO2 goal that the EPA has 

proposed. With this notice, the EPA is 

also making available a TSD that 

provides detailed information to further 

inform and assist implementing 

authorities and stakeholders in 

understanding the proposal. This notice 

is consistent with the methodologies 

used to define BSER in the June 18, 

2014, proposal and October 28, 2014 

supplemental proposal and does not 

reflect any type of response to the 

comments that we have received to date. 

Readers should also note that the TSD, 

and the illustrative numbers presented 

therein, are based on the emission ratebased goals as proposed; any 

calculations of mass equivalents would 

naturally yield different results if the 

emission rate-based goals themselves 

were to change in the course of 

developing the final rule. 

II. Additional Information on the 

Translation of Emission Rate-Based 

CO2 Goals to Mass-Based Equivalents 

In the proposed rule published on 

June 18, 2014, the EPA proposed a set 

of state-specific emission rate-based CO2

goals (in pounds of CO2 per megawatthour of electricity generated). In 

addition, the EPA issued emission ratebased CO2 goals for areas of Indian 

country and U.S. territories with 

affected EGUs in a supplemental 

proposal on October 28, 2014. The 

proposals authorized each 

implementing authority to translate the 

form of the emission rate-based goal to 

a mass-based form (i.e., goals expressed 

in terms of total tons of CO2 per year 

from affected sources), as long as the 

translated goal achieves the equivalent 

in stringency. Today’s notice provides 

additional detail, and describes two 

potential methodologies for this 

translation. Today’s notice is 

accompanied by a TSD titled 

‘‘Translation of the Clean Power Plan 

Emission Rate-Based CO2 Goals to MassBased Equivalents,’’ which has been 

placed in the docket for the rule (Docket 

ID No. EPA–HQ–OAR–2013–0602). For 

purposes of illustrating two 

methodologies for potential use in 

making rate-to-mass translations, 


tkelley on DSK3SPTVN1PROD with PROPOSALS
67408 Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Proposed Rules 

2Note that the metric for compliance is 

independent from the approaches that 

implementing authorities may adopt to achieve 

them. For example, a state could potentially adopt 

a mass-based program that achieves a rate-based 

goal, or adopt rate-based standards and/or other 

measures and demonstrate that they have met the 

goal using a mass-based metric. 

3Some stakeholders have observed that 

addressing potential translation to a mass 

equivalent could incorporate generation from 

‘‘affected entities’’ that include generators beyond 

‘‘affected EGUs.’’ The proposal invited comment on 

how generation across ‘‘affected entities’’ (including 

at ‘‘affected EGUs’’) should be considered when 

calculating mass equivalents. 

4The Agency has received comments from some 

states about the accuracy of the 2012 data, as well 

as whether we should use more than a single year 

of data to determine the rate-based goals. We are 

reviewing all comments, information, and requests 

for data corrections received to date and will 

continue reviewing stakeholder input submitted to 

the docket by the close of the public comment 

period. Any changes to the emission rate-based 

goals and underlying data will be reflected in the 

final rule. 

today’s notice and accompanying TSD 

identify two sets of mass-based values 

for each state, area of Indian country 

and U.S. territory with affected EGUs 

that could be considered equivalent to 

the proposed rate-based goals, as 

discussed below: One that is based on 

historical emissions from existing 

sources, and a second that is based on 

historical emissions from existing 

sources and projected emissions that 

would result from demand growth that 

is reflected in generation at both 

existing and new sources in the event 

that an implementing authority may 

want to include new sources of 

generation in its compliance approach. 

Illustrative values for each state, area of 

Indian country and U.S. territory with 

affected EGUs (along with the 

underlying data) for each method are 

also presented in the TSD. 

In the proposed rule, the EPA 

intended to afford a considerable 

amount of flexibility in choosing the 

types of programs and measures needed 

to meet the goals established by the 

rulemaking. An important proposed 

element of this flexibility is allowing 

each implementing authority to 

demonstrate compliance with its 

interim and final rate-based goals 

established in the proposal, or to 

establish equivalent mass-based metrics 

for purposes of demonstrating 

compliance with the provisions of the 

rule. The agency recognizes that 

implementing authorities can use a mix 

of measures and programs to meet their 

goals regardless of which form of the 

standard they choose to use to 

demonstrate compliance in the state 

plan, including both programs that use 

mass-based metrics, as well as measures 

that use rate-based measures. State 

plans submitted to the EPA will be 

required either to (i) demonstrate that 

their programs and measures meet the 

rate-based goals established by the 

rulemaking, or (ii) if they choose to 

translate the rate-based goals into massbased equivalents, demonstrate 

achievement of the goals using the 

mass-based metrics.2

In section VII of the preamble to the 

June 18, 2014 proposed rule, the EPA 

provides basic considerations necessary 

to translate the emission rate-based CO2

goals into mass-based equivalents, for 

state plan purposes (79 FR 34897). The 

EPA also included in the docket for the 

rule a TSD titled ‘‘Projecting EGU CO2

Emission Performance in State Plans,’’ 

that discusses the considerations, data 

and technical approaches that can be 

considered when converting the 

emission rate-based CO2 goals into a 

mass-based equivalent metric, and 

focuses on one potential approach that 

implementing authorities could employ. 

The basic methodology presented in 

these documents is for the 

implementing authority to project for a 

given period the amount of generation 

by affected entities; to determine the 

amount of tons of CO2 that would be 

emitted by affected EGUS; and to assure 

that the ratio of affected EGU emissions 

to affected entity generation is 

equivalent to the emissions performance 

of the rate-based goal. 

The data, assumptions and 

methodological choices used for the 

estimation of generation by affected 

entities are of central importance for 

translation to a mass-based metric.3 For 

instance, uncertainties about future 

demand, the future inventory of EGUs 

and the relative amounts of generation 

among EGUs in light of, for example, 

fuel costs can influence the translation 

to a mass-based equivalent. 

In response to requests by states, we 

are issuing this notice and the TSD, 

‘‘Translation of the Clean Power Plan 

Emission Rate-Based CO2 Goals to MassBased Equivalents,’’ to present 

information about potential methods for 

translating the rate-based goals to massbased equivalents. The TSD presents 

two additional possible methods for 

calculating mass-based equivalent 

metrics, the underlying data and shows 

the mass-based equivalent metric. The 

first method, based on historical data, 

produces mass-based equivalent metrics 

that apply to existing affected EGUs 

only. The second method, based on a 

combination of historical data and a 

projection of future electric demand, 

produces mass-based equivalent metrics 

that are inclusive of new fossil fuel-fired 

sources, in light of the fact that the rule 

takes comment on the inclusion of new, 

fossil fuel-fired sources as a component 

of state plans. As the starting point for 

these calculations, we use the proposed 

emission rate-based CO2 goals set forth 

in the rulemaking. Also, to maintain 

consistency with the proposed rule, the 

calculations contain the same 

generation data used in setting the ratebased goals (i.e., 2012 eGRID data for 

historical generation, and Annual 

Energy Outlook 2013 for regional 

growth estimates) to project future 

levels of generation.4

The EPA is providing this additional 

information to states, U.S. territories, 

tribes, and other stakeholders to provide 

a better understanding of the proposed 

rule. It should be reiterated that the 

mass-based equivalent metrics 

presented in the TSD are not required 

mass-based emission limits that 

implementing authorities must meet; 

rather, they are illustrations of two 

potential options that implementing 

authorities may choose to adopt if they 

choose to use a mass-based form of the 

emission rate-based goal. The EPA 

presents them to provide stakeholders a 

better understanding of the 

methodology and mass outcomes 

associated with two possible ways of 

calculating mass-based equivalent 

metrics. 

Dated: November 6, 2014. 

Janet G. McCabe, 

Acting Assistant Administrator, Office of Air 

and Radiation. 

[FR Doc. 2014–26900 Filed 11–12–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 141 

[EPA–HQ–OW–2012–0155; FRL–9918–96– 

OW] 

Notice of Public Meeting and Webinar: 

Preliminary Regulatory Determinations 

for the Third Contaminant Candidate 

List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of public meeting on 

potential rulemaking. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is announcing 

a public meeting and webinar to discuss 

the agency’s preliminary determinations 

on whether or not to develop drinking 

water regulations for five unregulated 

contaminants listed on the third 

Contaminant Candidate List (CCL3). The 

EPA published and requested public 


tkelley on DSK3SPTVN1PROD with PROPOSALS