```

[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Rules and Regulations]
[Page 7466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02955]

[[Page 7466]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 97

[FRL-9942-27-OAR]

Allocations of Cross-State Air Pollution Rule Allowances From New 
Unit Set-Asides for the 2015 Compliance Year

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of data availability (NODA).

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is providing notice 
of emission allowance allocations to certain units under the new unit 
set-aside (NUSA) provisions of the Cross-State Air Pollution Rule 
(CSAPR) federal implementation plans (FIPs). EPA has completed final 
calculations for the second round of NUSA allowance allocations for the 
2015 compliance year of the CSAPR NOX Annual, SO2 
Group 1, and SO2 Group 2 Trading Programs. EPA has posted 
spreadsheets showing the second-round 2015 NUSA allocations of CSAPR 
NOX Annual, SO2 Group 1, and SO2 Group 
2 allowances to new units as well as the allocations to existing units 
of the remaining CSAPR NOX Annual, SO2 Group 1, 
and SO2 Group 2 allowances not allocated to new units in 
either round of the 2015 NUSA allocation process. EPA will record the 
allocated CSAPR NOX Annual, SO2 Group 1, and 
SO2 Group 2 allowances in sources' Allowance Management 
System (AMS) accounts by February 15, 2016.

DATES: February 12, 2016.

FOR FURTHER INFORMATION CONTACT: Questions concerning this action 
should be addressed to Robert Miller at (202) 343-9077 or 
miller.robertl@epa.gov or to Kenon Smith at (202) 343-9164 or 
smith.kenon@epa.gov.

SUPPLEMENTARY INFORMATION: Under the CSAPR FIPs, a portion of each 
state budget for each of the four CSAPR trading programs is reserved as 
a NUSA from which allowances are allocated to eligible units through an 
annual one- or two-round process. EPA has described the CSAPR NUSA 
allocation process in five NODAs previously published in the Federal 
Register (80 FR 30988, June 1, 2015; 80 FR 44882, July 28, 2015; 80 FR 
55061, September 14, 2015; 80 FR 69883, November 12, 2015; 80 FR 77591, 
December 15, 2015). In the most recent of these previous NODAs, EPA 
provided notice of preliminary lists of new units eligible for second-
round 2015 NUSA allocations of CSAPR NOX Annual, 
SO2 Group 1, and SO2 Group 2 allowances and 
provided an opportunity for the public to submit objections.
    EPA received no objections to the preliminary lists of new units 
eligible for second-round 2015 NUSA allocations of CSAPR NOX 
Annual, SO2 Group 1, or SO2 Group 2 allowances 
whose availability was announced in the December 15 NODA. EPA is 
therefore making second-round 2015 NUSA allocations of CSAPR 
NOX Annual, SO2 Group 1, and SO2 Group 
2 allowances to the new units identified on these lists in accordance 
with the procedures set forth in 40 CFR 97.412(a)(9) and (12), 
97.612(a)(9) and (12), and 97.712(a)(9) and (12).
    As described in the December 15 NODA, any allowances remaining in 
the CSAPR NOX Annual, SO2 Group 1, and 
SO2 Group 2 NUSAs for a given state and control period after 
the second round of NUSA allocations to new units is completed are to 
be allocated to the existing units in the state according to the 
procedures set forth in 40 CFR 97.412(a)(10) and (12), 97.612(a)(10) 
and (12), and 97.712(a)(10) and (12). EPA has determined that CSAPR 
NOX Annual, SO2 Group 1, and SO2 Group 
2 allowances do remain in the NUSAs for a number of states following 
completion of second-round 2015 NUSA allocations; accordingly, EPA is 
allocating these allowances to existing units. The NUSA allowances are 
generally allocated to the existing units in proportion to the 
allocations previously made to the existing units under 40 CFR 
97.411(a)(1), 97.611(a)(1), and 97.711(a)(1), adjusted for rounding.
    Under 40 CFR 97.412(b)(10), 97.612(b)(10), and 97.712(b)(10), any 
allowances remaining in the CSAPR NOX Annual, SO2 
Group 1, and SO2 Group 2 Indian country NUSAs for a given 
state and control period after the second round of Indian country NUSA 
allocations to new units are added to the NUSA for that state or are 
made available for allocation by the state pursuant to an approved SIP 
revision. No new units eligible for allocations of CSAPR NOX 
Annual, SO2 Group 1, and SO2 Group 2 allowances 
from any 2015 Indian country NUSA have been identified, and no state 
has an approved SIP revision governing allocation of 2015 CSAPR 
allowances. The Indian country NUSA allowances are therefore being 
added to the NUSAs for the respective states and are included in the 
pools of allowances that are being allocated to existing units under 40 
CFR 97.412(b)(10) and (12), 97.612(b)(10) and (12), and 97.712(b)(10) 
and (12).
    The final unit-by-unit data and allowance allocation calculations 
are set forth in Excel spreadsheets titled 
``CSAPR_NUSA_2015_NOx_Annual_2nd_Round_Final_Data_New_Units'', 
``CSAPR_NUSA_2015_SO2_2nd_Round_Final_Data_New_Units'', 
``CSAPR_NUSA_2015_NOx_Annual_2nd_Round_Final_Data_Existing_Units'', and 
``CSAPR_NUSA_2015_SO2_2nd_Round_Final_Data_Existing_Units'', 
available on EPA's Web site at http://www.epa.gov/crossstaterule/actions.html.
    Pursuant to CSAPR's allowance recordation timing requirements, the 
allocated NUSA allowances will be recorded in sources' AMS accounts by 
February 15, 2016. EPA notes that an allocation or lack of allocation 
of allowances to a given unit does not constitute a determination that 
CSAPR does or does not apply to the unit. EPA also notes that NUSA 
allocations of CSAPR NOX Annual, SO2 Group 1, and 
SO2 Group 2 allowances are subject to potential correction 
if a unit to which NUSA allowances have been allocated for a given 
compliance year is not actually an affected unit as of January 1 of the 
compliance year.\1\
---------------------------------------------------------------------------

    \1\ See 40 CFR 97.411(c), 97.611(c), and 97.711(c).
---------------------------------------------------------------------------

    (Authority: 40 CFR 97.411(b), 97.611(b), and 97.711(b).)

    Dated: February 1, 2016.
Reid P. Harvey,
Director, Clean Air Markets Division, Office of Atmospheric Programs, 
Office of Air and Radiation.
[FR Doc. 2016-02955 Filed 2-11-16; 8:45 am]
 BILLING CODE 6560-50-P
```