90 FR 39 pgs. 10899-10900 - Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for 2024 Control Periods
Type: NOTICEVolume: 90Number: 39Pages: 10899 - 10900
Pages: 10899, 10900Docket number: [FRL-9542-07-OAR]
FR document: [FR Doc. 2025-03197 Filed 2-27-25; 8:45 am]
Agency: Environmental Protection Agency
Official PDF Version: PDF Version
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9542-07-OAR]
Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for 2024 Control Periods
AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Notice of data availability.
SUMMARY:
The Environmental Protection Agency (EPA) is providing notice of the availability of data on emission allowance allocations to certain units under the Cross-State Air Pollution Rule (CSAPR) trading programs. EPA has completed preliminary calculations for the allocations of allowances from the new unit set-asides (NUSAs) for the 2024 control periods and has posted spreadsheets containing the calculations on EPA's website. EPA will consider timely objections to the preliminary calculations (including objections concerning the identification of units eligible for allocations) before determining the final amounts of the allocations.
DATES:
Objections to the information referenced in this notice concerning NUSA allocations must be received on or before March 31, 2025.
ADDRESSES:
Submit your objections via email to CSAPR@epa.gov. Include "2024 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 notice should be addressed to Morgan Riedel at (202) 564-1144 or riedel.morgan@epa.gov.
SUPPLEMENTARY INFORMATION:
Under each CSAPR trading program where EPA is responsible for determining emission allowance allocations, a portion of each state's emissions budget for the program for each control period is reserved in a NUSA (and, under most of the trading programs, 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 (NO X Annual), 97.511(b) and 97.512 (NO X Ozone Season Group 1), 97.611(b) and 97.612 (SO 2 Group 1), 97.711(b) and 97.712 (SO 2 Group 2), and 97.811(b) and 97.812 (NO X Ozone Season Group 2, including units using Original Group 2 allowances and units using Expanded Group 2 allowances). 1 Each NUSA allowance allocation process involves allocations to eligible units, termed "new" units, followed by the allocation to "existing" units of any allowances not allocated to new units.
Footnotes:
1 ?EPA has no current plans to determine NUSA allowance allocations for the 2024 control period under the CSAPR NO X Ozone Season Group 3 Trading Program regulations at 40 CFR 97.1012. In response to judicial stay orders, implementation of that program has been administratively stayed for all sources for the 2024 control period and will remain stayed for future control periods unless and until provided otherwise in a future rulemaking. See 88 FR 49295 (July 31, 2023); 88 FR 67102 (September 29, 2023); 89 FR 87960 (November 6, 2024).
This notice concerns preliminary calculations for the NUSA allowance allocations for the 2024 control periods. Generally, the allocation procedures call for each eligible "new" unit to receive a 2024 NUSA allocation equal to its 2024 control period emissions as reported under 40 CFR part 75 unless the total of such allocations to all such eligible units would exceed the amount of allowances in the NUSA, in which case 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). Any allowances not allocated to eligible "new" units are allocated to the state's "existing" units in proportion to such existing units' previous allocations from the portion of the respective state's emissions budget for the control period that was not reserved in a NUSA (or Indian country NUSA).
The detailed unit-by-unit data and preliminary allowance allocation calculations for "new" units are set forth in Excel spreadsheets titled "CSAPR_NUSA_2024_NO X _Annual_Prelim_Data_New_Units", "CSAPR_NUSA_2024_NO X _OS_Prelim_Data_New_Units", and "CSAPR_NUSA_2024_SO 2 _Prelim_Data_New_Units", available on EPA's website at www.epa.gov/csapr/csapr-allowance-allocations#nusa. Each of the spreadsheets contains a separate worksheet for each state covered by that program showing, for each unit identified as eligible for a NUSA allocation, (1) the unit's emissions in the 2024 control period (annual or ozone season as applicable), (2) the maximum 2024 NUSA allowance allocation for which the unit is eligible (typically the unit's emissions in the 2024 control period), (3) various adjustments to the unit's maximum allocation if the NUSA pool is oversubscribed, and (4) the preliminary calculation of the unit's 2024 NUSA allowance allocation.
Each state worksheet for "new" units also contains a summary showing (1) the quantity of allowances initially available in that state's 2024 NUSA, (2) the sum of the 2024 NUSA allowance allocations that will be made to new units in that state, assuming there are no corrections to the data, and (3) the quantity of allowances that would remain in the 2024 NUSA for allocation to existing units, again assuming there are no corrections to the data.
The preliminary calculations of allocations of the remaining unallocated allowances to "existing" units are set forth in Excel spreadsheets titled "CSAPR_NUSA_2024_NO X _Annual_Prelim_Data_Existing_Units", "CSAPR_NUSA_2024_NO X _OS_Prelim_Data_Existing_Units", and "CSAPR_NUSA_2024_SO 2 _Prelim_Data_Existing_Units", available at the same location.
[top] Objections should be strictly limited to the data and calculations upon which the NUSA allowance allocations are based and should be emailed to the address identified in ADDRESSES . Objections must include: (1) precise identification of the specific data and/or calculations the commenter believes are inaccurate, (2) new proposed data and/or calculations upon which the commenter believes EPA should rely
EPA notes that an allocation or lack of allocation of allowances to a given unit under a given CSAPR trading program does not constitute a determination that the trading program 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 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).)
Rona Birnbaum,
Director, Clean Air and Power Division, Office of Atmospheric Protection, Office of Air and Radiation.
[FR Doc. 2025-03197 Filed 2-27-25; 8:45 am]
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