Federal Register, Volume 75 Issue 124 (Tuesday, June 29, 2010)

[Federal Register Volume 75, Number 124 (Tuesday, June 29, 2010)]
[Notices]
[Pages 37433-37435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15765]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9169-5]

Notice of Data Availability Concerning 2010 CAIR NOX Annual
Trading Program New Unit Set-aside Allowance Allocations Under the
Clean Air Interstate Rule Federal Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability (NODA).

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

SUMMARY: EPA is administering--under the Clean Air Interstate Rule
(CAIR) Federal Implementation Plans (FIPs)--the CAIR NOX
Annual Trading Program (CAIRNOX) new unit set-aside allowance pools for
Delaware and the District of Columbia. The CAIRNOX FIPs require the
Administrator to determine each year by order the allowance allocations
from the new unit set-aside for units in these jurisdictions whose
owners and operators requested these allocations and to provide the
public with the opportunity to object to the allocation determinations.
In this NODA EPA is making available to the public the emissions data
and other information upon which the allocations, or denial of
allocations, are based and the CAIRNOX new unit set-aside allowance
allocation (if any) for each individual unit.

DATES: Objections must be received by July 29, 2010.

ADDRESSES: Submit your objections by one of the following methods:
A. E-mail: CAIR_NOx_Annual_NUSA@epamail.epa.gov.
B. Mail: Robert L. Miller, U.S. Environmental Protection Agency,
CAMD (6204J), Attn: 2010 CAIRNOX New Unit Set-aside, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
Instructions: If you submit an objection, include your name and
other contact information in the body of your objection. If EPA is
unable to read your objection and contact you for clarification due to
technical difficulties, EPA may not be able to consider your objection.
Electronic files should not have special characters and any form of
encryption and should be free of any defects or viruses.

FOR FURTHER INFORMATION CONTACT: Questions concerning this action
should

[[Page 37434]]

be addressed to Robert L. Miller, U.S. Environmental Protection Agency,
CAMD (6204J), 1200 Pennsylvania Ave., NW., Washington, DC 20460,
telephone (202) 343-9077, and e-mail miller.robertl@epa.gov. If mailing
by courier, address package to Robert L. Miller, 1310 L St., NW., Room
254B, Washington, DC 20005.

SUPPLEMENTARY INFORMATION:

Outline

1. General Information.
2. What is the Purpose of this NODA?
3. What are the Requirements and Procedures for Requesting and
Receiving 2010 CAIRNOX New Unit Set-Aside Allowances?
4. How is EPA Applying to Individual CAIRNOX Units the Requirements
for Requesting and Receiving 2010 CAIRNOX New Unit Set-Aside
Allowance Allocations?

1. General Information

Does this Action Apply to Me?

This NODA applies to CAIRNOX units in Delaware and the District of
Columbia whose owners and operators requested on or before May 3, 2010
a 2010 CAIRNOX allowance allocation from the new unit set-aside.

What Should I Consider as I Prepare and Submit any Objections for EPA?

When preparing and submitting an objection, remember to:
(1) Identify the source (facility name, plant code) and unit
identification number for which the objection is being made;
(2) Make sure to submit your objection by the deadline identified.
If you e-mail your objection, put ``Objection for 2010 CAIRNOX New
Unit Set-aside'' in the subject line to alert the Administrator that an
objection is included. If mailing by courier, address the package to
Robert L. Miller, 1310 L St., NW., Room 254B, Washington, DC 20005.
Clearly mark any portion of the information that you claim to be CBI.
For CBI in a disk or CD ROM that you mail to 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 that is claimed as CBI.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Send or deliver information
identified as CBI only to the following address: Robert L. Miller, EPA
Headquarters, CAMD (6204J), 1200 Pennsylvania Avenue, NW., Washington
DC 20460.

2. What Is the Purpose of This NODA?

The purpose of this NODA is to make all of the data upon which the
allocations or denial of allocations are based available to the public
for objection to ensure that the data on which the applicable
determination for each unit is based are correct. Any person objecting
to any of the data should explain the basis for his or her objection,
provide alternative data and supporting documentation, and explain why
the alternative data are the best available data. EPA will consider any
substantive objections to the data.
The provisions of Sec. 97.142(c)--which govern the submission of
requests for CAIRNOX allowance allocations from the new unit set-aside
and set forth the criteria for qualification for, and the methodologies
for calculating, such allocations for each individual unit--are final
and are described in this NODA solely for informational purposes and
are not open for objection. However, objections may be submitted
concerning whether EPA determined, in a manner consistent with these
rule provisions, the CAIRNOX allowance allocation (if any) from the new
unit set-aside for 2010 for any unit for which such an allowance
allocation was requested. See 40 CFR 97.141(d).

3. What Are the Requirements for Requesting and Receiving CAIRNOX New
Unit Set-Aside Allowances and the Procedures for Allocating Such
Allowances?

EPA is administering the 2010 CAIRNOX new unit set-aside allowance
pools for Delaware and the District of Columbia, which are comprised of
a maximum of 208 allowances for Delaware and 7 allowances for the
District of Columbia. Under Sec. Sec. 97.142(c)(2) and 97.107(c), the
owners and operators of any unit for which CAIRNOX new unit set-aside
allowances were sought for 2010 had to submit to EPA a request for
CAIRNOX new unit set-aside allowance allocations by May 3, 2010. Since
May 1, which is the generally applicable submission date specified in
Sec. 97.142(c)(2), is Saturday this year, the submission deadline for
2010 is the next business day, i.e., May 3, under Sec. 97.107(c). The
owners and operators of a CAIRNOX unit in Delaware or the District of
Columbia could request a CAIRNOX new unit set-aside allowance
allocation if (1) the unit is subject to the CAIRNOX, (2) the unit is
not allocated any CAIRNOX allowances under Sec. 97.142(b) because it
lacks a baseline heat input or because all CAIRNOX allowances available
under Sec. 97.142(b) for the year have already been allocated, and (3)
the owners and operators of the unit submitted a timely request by the
May 3, 2010 deadline. If a unit meets these criteria, EPA determines
the allocation amount by determining the 2009 NOX mass
emissions data reported under 40 CFR part 75 for the unit during the
2009 calendar year. Finally, EPA makes any necessary adjustments under
Sec. 97.142(c)(4) to each such unit's allocation amount in order to
ensure that the total amount of CAIRNOX new unit set-aside allowances
allocated for 2010 does not exceed the amount of allowances in the new
unit set-aside for 2010.

4. How Is EPA Applying to Individual CAIRNOX Units the Requirements for
Requesting and Receiving CAIRNOX New Unit Set-Aside Allowance
Allocations?

On April 22, 2010 EPA sent an e-mail--to the designated
representatives, alternate designated representatives, and their
respective agents of CAIRNOX units in the District of Columbia and
Delaware--that provided instructions on the proper submission of a
request for a CAIRNOX allowance allocation from the new unit set-aside
for 2010. The April 22, 2010 e-mail explained what data should be
submitted with the request and reminded addressees of the May 3, 2010
deadline for such requests. Among the data elements for a request under
Sec. 97.142(c)(2) were the number of allowances requested in an amount
no greater than the unit's NOX emissions for the 2009
calendar year. EPA received timely requests for 2010 CAIRNOX new unit
set-aside allowance allocations for 10 CAIRNOX units in Delaware; no
requests were received for CAIRNOX units in the District of Columbia.
The detailed unit-by-unit data, allowance allocation
determinations, and calculations are set forth in a technical support
document, which is a single Excel spreadsheet titled ``2010 CAIRNOX FIP
New Unit Set-Aside Allocations Data'' and is available on EPA's Web
site at http://www.epa.gov/airmarkets/cair/nox_annual_nusa/index.html. EPA will publish a second NODA, after the 30-day period for
submitting objections concerning this NODA, in order to address any
objections and make any necessary adjustments to the data published in
this NODA to ensure that EPA's allowance allocation determinations are
in accordance with Sec. 97.142(c). EPA will record, no later than
December 1, 2010, CAIRNOX allowance allocations from the new unit set-
aside for 2010 after publication of the second NODA. See 40 CFR
97.153(e).

[[Page 37435]]

Dated: June 22, 2010.
Brian McLean,
Director, Office of Atmospheric Programs.
[FR Doc. 2010-15765 Filed 6-28-10; 8:45 am]
BILLING CODE 6560-50-P