[Federal Register Volume 70, Number 186 (Tuesday, September 27, 2005)]
[Notices]
[Page 56447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19258]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7974-8]


Acid Rain Program: Notice of Annual Adjustment Factors for Excess 
Emission Penalty

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of annual adjustment factors for excess emissions 
penalty.

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SUMMARY: Under the Acid Rain Program, affected units must hold enough 
allowances to cover their sulfur dioxide emissions and meet an emission 
limit for nitrogen oxides. Under 40 CFR 77.6, units that do not meet 
these requirements must pay a penalty without demand to the 
Administrator based on the number of excess tons emitted times $2000 as 
adjusted by an annual adjustment factor that must be published in the 
Federal Register.
    The annual adjustment factor for adjusting the penalty for excess 
emissions of sulfur dioxide and nitrogen oxides under 40 CFR part 77 
for compliance year 2005 is 1.5209. This value is derived using the 
Consumer Price Index (``CPI'') for 1990 and 2005 (as defined at 40 CFR 
part 72, the 2005 CPI is based on the August 2004 CPI for all urban 
consumers), and corresponds to a penalty of $3042 per excess ton of 
sulfur dioxide or nitrogen oxides emitted.
    The annual adjustment factor for adjusting the penalty for excess 
emissions of sulfur dioxide and nitrogen oxides under 40 CFR part 77 
for compliance year 2006 is 1.5762. This value is derived using the 
Consumer Price Index (``CPI'') for 1990 and 2006 (as defined at 40 CFR 
part 72, the 2006 CPI is based on the August 2005 CPI for all urban 
consumers), and corresponds to a penalty of $3152 per excess ton of 
sulfur dioxide or nitrogen oxides emitted.

FOR FURTHER INFORMATION CONTACT: Robert Miller, Clean Air Markets 
Division (6204J), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460 at (202) 343-9077.

    Dated: September 20, 2005.
Sam Napolitano,
Director, Clean Air Markets Division, Office of Atmospheric Programs, 
Office of Air and Radiation.
[FR Doc. 05-19258 Filed 9-26-05; 8:45 am]
BILLING CODE 6560-50-P