Forty-Fifth Update of the Federal Agency Hazardous Waste Compliance Docket

Published date22 April 2024
Record Number2024-07518
CourtEnvironmental Protection Agency
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pesticide refiller. These changes qualify
as adjustments.
In addition, OMB requested that EPA
replace the format the Agency has
historically used for ICR Supporting
Statements with the 18-question format
that is used by other federal agencies
and departments. The 18-question
format is based on the submission
instructions to agencies that appear on
the OMB submission form. Although
this supporting statement has been
modified to reflect the 18-question
format, the change in format did not
change the information collection
activities or related estimated burden
and costs. EPA welcomes your feedback
on whether this improves the
presentation of the information
collection activities and related burden
and costs estimates.
IV. What is the next step in the process
for this ICR?
EPA will consider the comments
received and amend the ICR as
appropriate. The final ICR package will
then be submitted to OMB for review
and approval pursuant to 5 CFR
1320.12. EPA will issue another Federal
Register document pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the
submission of the ICR to OMB and the
opportunity to submit additional
comments to OMB. If you have any
questions about this ICR or the approval
process, please contact the person listed
under
FOR FURTHER INFORMATION
CONTACT
.
Authority: 44 U.S.C. 3501 et seq.
Dated: April 17, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2024–08555 Filed 4–19–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–11851–01–OLEM]
Forty-Fifth Update of the Federal
Agency Hazardous Waste Compliance
Docket
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Notice.
SUMMARY
: Since 1988, the
Environmental Protection Agency (EPA)
has maintained a Federal Agency
Hazardous Waste Compliance Docket
(‘‘Docket’’) under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA). CERCLA requires EPA to
establish a Docket that contains certain
information reported to EPA by Federal
facilities that manage hazardous waste
or from which a reportable quantity of
hazardous substances has been released.
This notice identifies the Federal
facilities not previously listed on the
Docket and identifies Federal facilities
reported to EPA since the last update on
October 26, 2023. In addition to the list
of additions to the Docket, this notice
includes a section with revisions of the
previous Docket list and a section of
Federal facilities that are to be deleted
from the Docket. Thus, the revisions in
this update include one addition, zero
deletions, and zero corrections to the
Docket since the previous update.
DATES
: This list is current as of March
28, 2024.
FOR FURTHER INFORMATION CONTACT
:
Electronic versions of the Docket and
more information on its implementation
can be obtained at http://www.epa.gov/
fedfac/federal-agency-hazardous-waste-
compliance-docket by clicking on the
link for Cleanups at Federal Facilities or
by contacting Jonathan Tso
(Tso.Jonathan@epa.gov), Federal
Agency Hazardous Waste Compliance
Docket Coordinator, Federal Facilities
Restoration and Reuse Office.
Additional information on the Docket
and a complete list of Docket sites can
be obtained at: https://www.epa.gov/
fedfac/federal-agency-hazardous-waste-
compliance-docket-1.
SUPPLEMENTARY INFORMATION
:
Table of Contents
1.0 Introduction
2.0 Regional Docket Coordinators
3.0 Revisions of the Previous Docket
4.0 Process for Compiling the Updated
Docket
5.0 Facilities Not Included
6.0 Facility NPL Status Reporting,
Including NFRAP Status
7.0 Information Contained on Docket
Listing
1.0 Introduction
Section 120(c) of CERCLA, 42 U.S.C.
9620(c), as amended by the Superfund
Amendments and Reauthorization Act
of 1986 (SARA), requires EPA to
establish the Federal Agency Hazardous
Waste Compliance Docket. The Docket
contains information on Federal
facilities that manage hazardous waste
and such information is submitted by
Federal agencies to EPA under sections
3005, 3010, and 3016 of the Resource
Conservation and Recovery Act (RCRA),
42 U.S.C. 6925, 6930, and 6937.
Additionally, the Docket contains
information on Federal facilities with a
reportable quantity of hazardous
substances that has been released and
such information is submitted by
Federal agencies to EPA under section
103 of CERCLA, 42 U.S.C. 9603.
Specifically, RCRA section 3005
establishes a permitting system for
certain hazardous waste treatment,
storage, and disposal (TSD) facilities;
RCRA section 3010 requires waste
generators, transporters and TSD
facilities to notify EPA of their
hazardous waste activities; and RCRA
section 3016 requires Federal agencies
to submit biennially to EPA an
inventory of their Federal hazardous
waste facilities. CERCLA section 103(a)
requires the owner or operator of a
vessel or onshore or offshore facility to
notify the National Response Center
(NRC) of any spill or other release of a
hazardous substance that equals or
exceeds a reportable quantity (RQ), as
defined by CERCLA section 101.
Additionally, CERCLA section 103(c)
requires facilities that have ‘‘stored,
treated, or disposed of’’ hazardous
wastes and where there is ‘‘known,
suspected, or likely releases’’ of
hazardous substances to report their
activities to EPA.
CERCLA section 120(d) requires EPA
to take steps to assure that a Preliminary
Assessment (PA) be completed for those
sites identified in the Docket and that
the evaluation and listing of sites with
a PA be completed within a reasonable
time frame. The PA is designed to
provide information for EPA to consider
when evaluating the site for potential
response action or inclusion on the
National Priorities List (NPL).
The Docket serves three major
purposes: (1) To identify all Federal
facilities that must be evaluated to
determine whether they pose a threat to
human health and the environment
sufficient to warrant inclusion on the
National Priorities List (NPL); (2) to
compile and maintain the information
submitted to EPA on such facilities
under the provisions listed in section
120(c) of CERCLA; and (3) to provide a
mechanism to make the information
available to the public. Previous Docket
updates are available at https://
www.epa.gov/fedfac/previous-federal-
agency-hazardous-waste-compliance-
docket-updates.
This notice provides some
background information on the Docket.
Additional information on the Docket
requirements and implementation are
found in the Docket Reference Manual,
Federal Agency Hazardous Waste
Compliance Docket found at http://
www.epa.gov/fedfac/docket-reference-
manual-federal-agency-hazardous-
waste-compliance-docket-interim-final
or obtained by calling the Regional
Docket Coordinators listed below. This
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1
See section 3.2 for the criteria for being deleted
from the Docket.
notice also provides changes to the list
of sites included on the Docket in three
areas: (1) Additions, (2) Deletions, and
(3) Corrections. Specifically, additions
are newly identified Federal facilities
that have been reported to EPA since the
last update and now are included on the
Docket; the deletions section lists
Federal facilities that EPA is deleting
from the Docket.
1
The information
submitted to EPA on each Federal
facility is maintained in the Docket
repository located in the EPA Regional
office of the Region in which the
Federal facility is located; for a
description of the information required
under those provisions, see 53 FR 4280
(February 12, 1988). Each repository
contains the documents submitted to
EPA under the reporting provisions and
correspondence relevant to the reporting
provisions for each Federal facility.
In prior updates, information was also
provided regarding No Further
Remedial Action Planned (NFRAP)
status changes. However, information
on NFRAP and NPL status is no longer
being provided separately in the Docket
update as it is now available at: http://
www.epa.gov/fedfacts/federal-facility-
cleanup-sites-searchable-list or by
contacting the EPA HQ Docket
Coordinator at the address provided in
the
FOR FURTHER INFORMATION CONTACT
section of this notice.
2.0 Regional Docket Coordinators
Contact the following Docket
Coordinators for information on
Regional Docket repositories:
US EPA Region 1. Alyssa
Villalpando (HBS), 5 Post Office Square,
Suite 100, Mail Code: 01–5, Boston MA
02109–3912, (617) 918–1603.
US EPA Region 2. James Desir, 290
Broadway, New York, NY 10007–1866,
(212) 637–4342.
US EPA Region 3. Joseph Vitello
(3HS12), 1650 Arch Street,
Philadelphia, PA 19107, (215) 814–
3354.
US EPA Region 3. Dawn Fulsher
(3HS12), 1650 Arch Street,
Philadelphia, PA 19107, (215) 814–
3270.
US EPA Region 4. Emily Jones
(9T25), 61 Forsyth St., SW, Atlanta, GA
30303, (404) 562–8334.
US EPA Region 5. David Brauner
(SR–6J), 77 W. Jackson Blvd., Chicago,
IL 60604, (312) 886–1526.
US EPA Region 6. Philip Ofosu
(6SF–RA), 1445 Ross Avenue, Dallas,
TX 75202–2733, (214) 665–3178.
US EPA Region 7. Matthew Smith
(SUPRERSB), 11201 Renner Blvd.,
Lenexa, KS 66219, (913) 551–7527.
US EPA Region 8. Ryan Dunham
(EPR–F), 1595 Wynkoop Street, Denver,
CO 80202, (303) 312–6627.
US EPA Region 9. Ashley Mrzljak
(SFD–6–1), 600 Wilshire Boulevard,
Suite 940, Los Angeles, CA 90017, (213)
244–1839.
US EPA Region 10. Stephen
Nguyen, 1200 Sixth Avenue, Seattle,
WA 98101, (206) 553–1073.
3.0 Revisions of the Previous Docket
This section includes a discussion of
the additions, deletions and corrections
to the list of Docket facilities since the
previous Docket update.
3.1 Additions
These Federal facilities are being
added primarily because of new
information obtained by EPA (for
example, recent reporting of a facility
pursuant to RCRA sections 3005, 3010,
or 3016 or CERCLA section 103).
CERCLA section 120, as amended by the
Defense Authorization Act of 1997,
specifies that EPA take steps to assure
that a Preliminary Assessment (PA) be
completed within a reasonable time
frame for those Federal facilities that are
included on the Docket. Among other
things, the PA is designed to provide
information for EPA to consider when
evaluating the site for potential response
action or listing on the NPL. This notice
includes one addition.
3.2&Deletions
There are no statutory or regulatory
provisions that address deletion of a
facility from the Docket. However, if a
facility is incorrectly included on the
Docket, it may be deleted from the
Docket. The criteria EPA uses in
deleting sites from the Docket include:
a facility for which there was an
incorrect report submitted for hazardous
waste activity under RCRA (e.g., 40 CFR
262.44); a facility that was not federally-
owned or operated at the time of the
listing; a facility included more than
once (i.e., redundant listings); or when
multiple facilities are combined under
one listing. (See Docket Codes (Reasons
for Deletion of Facilities) for a more
refined list of the criteria EPA uses for
deleting sites from the Docket.)
Facilities being deleted no longer will
be subject to the requirements of
CERCLA section 120(d). This notice
includes zero deletions.
3.3 Corrections
Changes necessary to correct the
previous Docket are identified by both
EPA and Federal agencies. The
corrections section may include changes
in addresses or spelling, and corrections
of the recorded name and ownership of
a Federal facility. In addition, changes
in the names of Federal facilities may be
made to establish consistency in the
Docket or between the Superfund
Enterprise Management System (SEMS)
and the Docket. For the Federal facility
for which a correction is entered, the
original entry is as it appeared in
previous Docket updates. The corrected
update is shown directly below, for easy
comparison. This notice includes zero
corrections.
4.0 Process for Compiling the Updated
Docket
In compiling the newly reported
Federal facilities for the update being
published in this notice, EPA extracted
the names, addresses, and identification
numbers of facilities from four EPA
databases—the WebEOC, the Biennial
Inventory of Federal Agency Hazardous
Waste Activities, the Resource
Conservation and Recovery Act
Information System (RCRAInfo), and
SEMS— that contain information about
Federal facilities submitted under the
four provisions listed in CERCLA
section 120(c).
EPA assures the quality of the
information on the Docket by
conducting extensive evaluation of the
current Docket list and contacts the
other Federal Agency (OFA) with the
information obtained from the databases
identified above to determine which
Federal facilities were, in fact, newly
reported and qualified for inclusion on
the update. EPA is also striving to
correct errors for Federal facilities that
were previously reported. For example,
state-owned or privately-owned
facilities that are not operated by the
Federal government may have been
included. Such problems are sometimes
caused by procedures historically used
to report and track Federal facilities
data. Representatives of Federal
agencies are asked to contact the EPA
HQ Docket Coordinator at the address
provided in the
FOR FURTHER
INFORMATION CONTACT
section of this
notice if revisions of this update
information are necessary.
5.0 Facilities Not Included
Certain categories of facilities may not
be included on the Docket, such as: (1)
Federal facilities formerly owned by a
Federal agency that at the time of
consideration was not federally-owned
or operated; (2) Federal facilities that are
small quantity generators (SQGs) that
have not, more than once per calendar
year, generated more than 1,000 kg of
hazardous waste in any single month;
(3) Federal facilities that are very small
quantity generators (VSQGs) that have
never generated more than 100 kg of
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2
Each Federal facility listed in the update has
been assigned a code that indicates a specific reason for the addition or deletion. The code precedes this
list.
hazardous waste in any month; (4)
Federal facilities that are solely
hazardous waste transportation
facilities, as reported under RCRA
section 3010; and (5) Federal facilities
that have mixed mine or mill site
ownership.
An EPA policy issued in June 2003
provided guidance for a site-by-site
evaluation as to whether ‘‘mixed
ownership’’ mine or mill sites, typically
created as a result of activities
conducted pursuant to the General
Mining Law of 1872 and never reported
under section 103(a) of CERCLA, should
be included on the Docket. For purposes
of that policy, mixed ownership mine or
mill sites are those located partially on
private land and partially on public
land. This policy is found at http://
www.epa.gov/fedfac/policy-listing-
mixed-ownership-mine-or-mill-sites-
created-result-general-mining-law-1872.
The policy of not including these
facilities may change; facilities now
omitted may be added at some point if
EPA determines that they should be
included.
6.0 Facility NPL Status Reporting,
Including NFRAP Status
EPA tracks the NPL status of Federal
facilities listed on the Docket. An
updated list of the NPL status of all
Docket facilities, as well as their NFRAP
status, is available at https://
www.epa.gov/fedfacts/federal-facility-
cleanup-sites-searchable-list or by
contacting the EPA HQ Docket
Coordinator at the address provided in
the
FOR FURTHER INFORMATION CONTACT
section of this notice. In prior updates,
information regarding NFRAP status
changes was provided separately.
7.0 Information Contained on Docket
Listing
The information is provided in three
tables. The first table is a list of
additional Federal facilities that are
being added to the Docket. The second
table is a list of Federal facilities that are
being deleted from the Docket. The third
table is for corrections.
The Federal facilities listed in each
table are organized by the date reported.
Under each heading is listed the name
and address of the facility, the Federal
agency responsible for the facility, the
statutory provision(s) under which the
facility was reported to EPA, and a
code.
2
The statutory provisions under which
a Federal facility is reported are listed
in a column titled ‘‘Reporting
Mechanism.’’ Applicable mechanisms
are listed for each Federal facility: for
example, Sections 3005, 3010, 3016,
103(c), or Other. ‘‘Other’’ has been
added as a reporting mechanism to
indicate those Federal facilities that
otherwise have been identified to have
releases or threat of releases of
hazardous substances. The National
Contingency Plan at 40 CFR 300.405
addresses discovery or notification,
outlines what constitutes discovery of a
hazardous substance release, and States
that a release may be discovered in
several ways, including: (1) A report
submitted in accordance with section
103(a) of CERCLA, i.e., reportable
quantities codified at 40 CFR 302; (2) a
report submitted to EPA in accordance
with section 103(c) of CERCLA; (3)
investigation by government authorities
conducted in accordance with section
104(e) of CERCLA or other statutory
authority; (4) notification of a release by
a Federal or State permit holder when
required by its permit; (5) inventory or
survey efforts or random or incidental
observation reported by government
agencies or the public; (6) submission of
a citizen petition to EPA or the
appropriate Federal facility requesting a
preliminary assessment, in accordance
with section 105(d) of CERCLA; (7) a
report submitted in accordance with
section 311(b)(5) of the Clean Water Act;
and (8) other sources. As a policy
matter, EPA generally believes it is
appropriate for Federal facilities
identified through the CERCLA
discovery and notification process to be
included on the Docket.
The complete list of Federal facilities
that now make up the Docket and the
NPL and NFRAP status are available to
interested parties and can be obtained at
https://www.epa.gov/fedfacts/federal-
facility-cleanup-sites-searchable-list or
by contacting the EPA HQ Docket
Coordinator at the address provided in
the
FOR FURTHER INFORMATION CONTACT
section of this notice. As of the date of
this notice, the total number of Federal
facilities that appear on the Docket is
2,394.
Gregory Gervais,
Director, Federal Facilities Restoration and
Reuse Office, Office of Land and Emergency
Management.
7.1 Docket Codes/Reasons for Deletion
of Facilities
Code 1. Small-Quantity Generator
and Very Small Quantity Generator.
Show citation box
Code 2. Never Federally Owned
and/or Operated.
Code 3. Formerly Federally Owned
and/or Operated but not at time of
listing.
Code 4. No Hazardous Waste
Generated.
Code 5. (This code is no longer
used.)
Code 6. Redundant Listing/Site on
Facility.
Code 7. Combining Sites Into One
Facility/Entries Combined.
Code 8. Does Not Fit Facility
Definition.
7.2 Docket Codes/Reasons for
Addition of Facilities
Code 15. Small-Quantity Generator
with either a RCRA 3016 or CERCLA
103 Reporting Mechanism.
Code 16. One Entry Being Split Into
Two (or more)/Federal Agency
Responsibility Being Split. Code 16A.
NPL site that is part of a Facility already
listed on the Docket.
Code 17. New Information Obtained
Showing That Facility Should Be
Included.
Code 18. Facility Was a Site on a
Facility That Was Disbanded; Now a
Separate Facility.
Code 19. Sites Were Combined Into
One Facility.
Code 19A. New Currently Federally
Owned and/or Operated Facility Site.
7.3 Docket Codes/Types of Corrections
of Information About Facilities
Code 20. Reporting Provisions
Change.
Code 20A. Typo Correction/Name
Change/Address Change.
Code 21. Changing Responsible
Federal Agency. (If applicable, new
responsible Federal agency submits
proof of previously performed PA,
which is subject to approval by EPA.)
Code 22. Changing Responsible
Federal Agency and Facility Name. (If
applicable, new responsible Federal
Agency submits proof of previously
performed PA, which is subject to
approval by EPA.)
Code 24. Reporting Mechanism
Determined To Be Not Applicable After
Review of Regional Files.
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1
The CSAPR NO
X
Ozone Season Group 3 Trading
Program serves as the compliance mechanism for
electricity generating units under the Good
Neighbor Plan (88 FR 36654, June 5, 2023). As of
the date of signature of this notice, applications for
a stay of the Good Neighbor Plan are pending before
the Supreme Court of the United States. If a stay
order is issued and depending on its nature, it
could affect EPA’s ability to implement the
regulatory provisions of the CSAPR NO
X
Ozone
Season Group 3 Trading Program that are described
in this notice.
F
EDERAL
A
GENCY
H
AZARDOUS
W
ASTE
C
OMPLIANCE
D
OCKET
U
PDATE
#45—A
DDITIONS
Facility name Address City State Zip
Code Agency Reporting
mechanism Code Date
CT AVCRAD 1109TH TASMG ..... 139 TOWER AVE .......... GROTON ................. CT 06340 ARMY ...................... RCRA 3010 17 UPDATE #45
F
EDERAL
A
GENCY
H
AZARDOUS
W
ASTE
C
OMPLIANCE
D
OCKET
U
PDATE
#45—D
ELETIONS
Facility name Address City State Zip
Code Agency Reporting
mechanism Code Date
F
EDERAL
A
GENCY
H
AZARDOUS
W
ASTE
C
OMPLIANCE
D
OCKET
U
PDATE
#45—C
ORRECTIONS
Facility name Address City State Zip
Code Agency Reporting
mechanism Code Date
[FR Doc. 2024–07518 Filed 4–19–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9542–06–OAR]
Information Regarding Allowances
Used in Cross-State Air Pollution Rule
(CSAPR) Trading Programs
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 final calculations for the
allocations of allowances from the new
unit set-asides (NUSAs) for the 2023
control periods and has posted
spreadsheets containing the calculations
on EPA’s website. EPA has also
completed calculations for allocations of
the remaining 2023 NUSA allowances to
existing units and has posted
spreadsheets containing those
calculations on EPA’s website as well.
Additionally, EPA is making available
an estimate of the data and calculations
to be used in the allowance bank
recalibration process for the 2024
control period under the CSAPR NO
X
Ozone Season Group 3 Trading
Program.
DATES
: April 22, 2024.
FOR FURTHER INFORMATION CONTACT
:
Questions concerning this action should
be addressed to Garrett Powers at (202)
564–2300 or powers.jamesg@epa.gov or
Morgan Riedel at (202) 564–1144 or
riedel.morgan@epa.gov.
SUPPLEMENTARY INFORMATION
:
I. Allocations From New Unit Set-
Asides
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),
97.811(b) and 97.812 (NO
X
Ozone
Season Group 2), and 97.1012 (NO
X
Ozone Season Group 3). 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.
1
In a notice of data availability (NODA)
published in the Federal Register on
March 1, 2024 (89 FR 15199), EPA
provided notice of the preliminary
calculations of NUSA allowance
allocations for the 2023 control periods
and described the process for submitting
any objections. This NODA concerns the
final NUSA allowance allocations.
In response to the March 1, 2024,
NODA, EPA received a written objection
from Shell Chemical Appalachia LLC
(ORIS 58933) stating that the
preliminary allocation of one CSAPR
SO
2
Group 1 allowance to unit 101 from
the NUSA for West Virginia was
incorrect and that unit 101 should
receive two allowances instead. EPA
agrees and accordingly has corrected the
final NUSA allowance allocations for
the CSAPR SO
2
Group 1 Trading
Program to reflect a 1-ton increase in the
amount of NUSA allowances allocated
to Shell Chemical Appalachia LLC unit
101 and a corresponding 1-ton decrease
in the collective amount of NUSA
allowances allocated to West Virginia’s
‘‘existing’’ units. EPA received no other
written objections, and all other final
allocations are unchanged from the
preliminary allocations.
The detailed unit-by-unit data and
final allowance allocation calculations
are set forth in Excel spreadsheets titled
‘‘CSAPR_NUSA_2023_NO
x
_Annual_
Final_Data_New_Units,’’ ‘‘CSAPR_
NUSA_2023_NO
x
_OS_Final_Data_New_
Units,’’ ‘‘CSAPR_NUSA_2023_SO
2
_
Final_Data_New_Units,’’ ‘‘CSAPR_
NUSA_2023_NO
x
_Annual_Final_Data_
Existing_Units,’’ ‘‘CSAPR_NUSA_2023_
NO
x
_OS_Final_Data_Existing_Units,’’
and ‘‘CSAPR_NUSA_2032_SO
2
_Final_
Data_Existing_Units’’, available on
EPA’s website at www.epa.gov/Cross-
State-Air-Pollution/csapr-compliance-
year-2023-nusa-nodas.
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
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