[Federal Register Volume 74, Number 190 (Friday, October 2, 2009)]
[Notices]
[Pages 50962-50963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23792]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8964-9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Acid Rain Program under title IV of the Clean Air Act 
provides for automatic excess emissions penalties in dollars per ton of 
excess emissions for sources that do not meet their annual Acid Rain 
emissions limitations. This notice states the dollars per ton excess 
emissions penalty amounts, which must be adjusted for each compliance 
year commensurate with changes in the Consumer Price Index (CPI), for 
compliance years 2009 and 2010.

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

SUPPLEMENTARY INFORMATION: The Acid Rain Program under title IV of the 
Clean Air Act limits annual sulfur dioxide and nitrogen oxide emissions 
of fossil fuel-fired utility units. Under the Acid Rain Program, 
affected sources must hold enough allowances to cover their sulfur 
dioxide emissions, and certain coal-fired sources must meet an emission 
limit for nitrogen oxides. Under 40 CFR 77.6, sources that do not meet 
these requirements must pay a penalty

[[Page 50963]]

without demand to the Administrator based on the number of excess tons 
emitted times $2,000 as adjusted by an annual adjustment factor, which 
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 77.6(b) 
for compliance year 2009 is 1.7583. This value is derived using the CPI 
for 1990 and 2009 (defined respectively at 40 CFR 72.2 as the CPI for 
August of the year before the specified year for all urban consumers) 
and results in an automatic penalty of $3,517 per excess ton of sulfur 
dioxide or nitrogen oxides emitted for 2009.
    The annual adjustment factor for adjusting the penalty for such 
excess emissions under 40 CFR 77.6(b) for compliance year 2010 is 
1.7322. This value is derived using the CPI for 1990 and 2010 and 
results in an automatic penalty of $3,464 per excess ton of sulfur 
dioxide or nitrogen oxides emitted for 2010.

    Dated: September 24, 2009.
Sam Napolitano,
Director, Clean Air Markets Division, Office of Atmospheric Programs, 
Office of Air and Radiation.
[FR Doc. E9-23792 Filed 10-1-09; 8:45 am]
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