[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Notices]
[Page 71559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29911]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9494-6]


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

AGENCY: Environmental Protection Agency (EPA).

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

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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 2011 and 2012.

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 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 part 
77.6(b) for compliance year 2011 is 1.7521. This value is derived using 
the CPI for 1990 and 2010 (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 $3,504 per excess ton 
of sulfur dioxide or nitrogen oxides emitted for 2011.
    The annual adjustment factor for adjusting the penalty for such 
excess emissions under 40 CFR 77.6(b) for compliance year 2012 is 
1.8182. This value is derived using the CPI for 1990 and 2011 and 
results in an automatic penalty of $3,636 per excess ton of sulfur 
dioxide or nitrogen oxides emitted for 2012.

    Dated: October 31, 2011.
Sam Napolitano,
Director, Clean Air Markets Division, Office of Atmospheric Programs, 
Office of Air and Radiation.
[FR Doc. 2011-29911 Filed 11-17-11; 8:45 am]
BILLING CODE 6560-50-P