[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Notices]
[Pages 83078-83079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28115]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10018-24-OAR]


Allocations of Cross-State Air Pollution Rule Allowances From New 
Unit Set-Asides for 2020 Control Periods

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability (NODA).

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SUMMARY: The Environmental Protection Agency (EPA) is providing notice 
of the availability of preliminary lists of units eligible for second-
round allocations of emission allowances for the 2020 control periods 
from the new unit set-asides (NUSAs) established under the Cross-State 
Air Pollution Rule (CSAPR) trading programs. EPA has posted 
spreadsheets containing the lists on EPA's website. EPA will consider 
timely objections to the lists before determining the amounts of the 
second-round allocations.

DATES: Objections to the information referenced in this notice must be 
received on or before January 21, 2021.

ADDRESSES: Submit your objections via email to CSAPR_NUSA@epa.gov. 
Include ``2020 NUSA allocations'' in the email subject line and include 
your name, title, affiliation, address, phone number, and email address 
in the body of the email.

FOR FURTHER INFORMATION CONTACT: Questions concerning this action 
should be addressed to Jason Kuhns at (202) 564-3236 or 
kuhns.jason@epa.gov or Andrew Reighart at (202) 564-0418 or 
reighart.andrew@epa.gov.

SUPPLEMENTARY INFORMATION: Under each CSAPR trading program where EPA 
is responsible for determining

[[Page 83079]]

emission allowance allocations, a portion of each state's emissions 
budget for the program for each control period is reserved in a NUSA 
(and in an additional Indian country NUSA in the case of states with 
Indian country within their borders) for allocation to certain units 
that would not otherwise receive allowance allocations. The procedures 
for identifying the eligible units for each control period and for 
allocating allowances from the NUSAs and Indian country NUSAs to these 
units are set forth in the CSAPR trading program regulations at 40 CFR 
97.411(b) and 97.412 (NOX Annual), 97.511(b) and 97.512 
(NOX Ozone Season Group 1), 97.611(b) and 97.612 
(SO2 Group 1), 97.711(b) and 97.712 (SO2 Group 
2), and 97.811(b) and 97.812 (NOX Ozone Season Group 2). 
Each NUSA allowance allocation process involves up to two rounds of 
allocations to eligible units, termed ``new'' units, followed by the 
allocation to ``existing'' units of any allowances not allocated to new 
units.
    This notice concerns EPA's preliminary identification of units 
eligible to receive allowances in the second round of NUSA allocations 
for the 2020 control periods. The units eligible for second-round 
allocations for a given control period are CSAPR-affected units that 
commenced commercial operation between January 1 of the year before 
that control period and November 30 of the year of that control period. 
In the case of the 2020 control periods, an eligible unit therefore 
must have commenced commercial operation between January 1, 2019 and 
November 30, 2020 (inclusive). Generally, where a unit is eligible to 
receive a second-round NUSA allocation under a given CSAPR trading 
program for a given control period, the unit's maximum potential 
second-round allocation equals the positive difference (if any) between 
the unit's emissions during the control period as reported under 40 CFR 
part 75 and any first-round NUSA allocation the unit received. If the 
total of such maximum potential allocations to all eligible units would 
exceed the total allowances remaining in the NUSA, the allocations are 
reduced on a pro-rata basis. EPA notes that under 40 CFR 97.406(c)(3), 
97.506(c)(3), 97.606(c)(3), 97.706(c)(3), and 97.806(c)(3), a unit's 
emissions occurring before its monitor certification deadline are not 
considered to have occurred during a control period and consequently 
are not included in the emission amounts used to determine NUSA 
allocations.
    The preliminary lists of eligible units are set forth in Excel 
spreadsheets titled 
``CSAPR_NUSA_2020_NOx_Annual_2nd_Round_Prelim_Data,'' 
``CSAPR_NUSA_2020_NOx_Ozone_Season_2nd_Round_Prelim_Data,'' 
and ``CSAPR_NUSA_2020_SO2_2nd_Round_Prelim_Data'' available 
on EPA's website at https://www.epa.gov/csapr/csapr-compliance-year-2020-nusa-nodas. Each spreadsheet contains a separate worksheet for 
each state covered by that program showing each unit preliminarily 
identified as eligible for a second-round NUSA allocation. Each state 
worksheet also contains a summary showing (1) the quantity of 
allowances initially available in that state's 2020 NUSA, (2) the sum 
of the 2020 NUSA allowance allocations that were made in the first 
round to new units in that state, if any, and (3) the quantity of 
allowances in the 2020 NUSA available for second-round allocations to 
new units (or ultimately for allocations to existing units), if any.
    Objections should be strictly limited to whether EPA has correctly 
identified the units eligible for second-round 2020 NUSA allocations 
according to the criteria established in the regulations and should be 
emailed to the address identified in ADDRESSES. Objections must 
include: (1) Precise identification of the specific data the commenter 
believes are inaccurate, (2) new proposed data upon which the commenter 
believes EPA should rely instead, and (3) the reasons why EPA should 
rely on the commenter's proposed data and not the data referenced in 
this notice.
    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 under 40 CFR 97.411(c), 
97.511(c), 97.611(c), 97.711(c), and 97.811(c), allocations are subject 
to potential correction if a unit to which NUSA allowances have been 
allocated for a given control period is not actually an affected unit 
as of the start of that control period.

(Authority: 40 CFR 97.411(b), 97.511(b), 97.611(b), 97.711(b), and 
97.811(b).)

    Dated: December 2, 2020.
Reid P. Harvey,
Director, Clean Air Markets Division, Office of Atmospheric Programs, 
Office of Air and Radiation.
[FR Doc. 2020-28115 Filed 12-18-20; 8:45 am]
BILLING CODE 6560-50-P


