[Federal Register Volume 86, Number 186 (Wednesday, September 29, 2021)]
[Notices]
[Pages 53959-53960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21186]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9070-01-OAR]


Acid Rain Program: Excess Emissions Penalty Inflation Adjustments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of annual adjustment factors.

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

SUMMARY: The Acid Rain Program requires sources that do not meet their 
annual Acid Rain emissions limitations for sulfur dioxide 
(SO2) or nitrogen oxides (NOX) to pay inflation-
adjusted excess emissions penalties. This document provides notice of 
the annual adjustment factors used to calculate excess emissions 
penalties for compliance years 2021 and 2022.

FOR FURTHER INFORMATION CONTACT: Jason Kuhns at (202) 564-3236 or 
[email protected].

SUPPLEMENTARY INFORMATION: The Acid Rain Program limits SO2 
and NOX emissions from fossil fuel-fired electricity 
generating units. All affected sources must hold allowances sufficient 
to cover their annual SO2 mass emissions, and certain coal-
fired units must meet annual average NOX emission rate 
limits. Under 40 CFR 77.6, any source that does not meet these 
requirements must pay an excess

[[Page 53960]]

emissions penalty without demand to the EPA Administrator. The 
automatic penalty is computed as the number of excess tons of 
SO2 or NOX emitted times a per-ton penalty amount 
of $2,000 times an annual adjustment factor, which must be published in 
the Federal Register.
    The annual adjustment factor used to compute excess emissions 
penalties for compliance year 2021 is 2.086, resulting in an automatic 
penalty amount of $4,172 per excess ton of SO2 or 
NOX emitted in 2021. In accordance with 40 CFR 77.6(b) and 
72.2, this annual adjustment factor is determined from values of the 
Consumer Price Index for All Urban Consumers (CPI-U) for August 1989 
and August 2020.
    The annual adjustment factor used to compute excess emissions 
penalties for compliance year 2022 is 2.196, resulting in an automatic 
penalty amount of $4,392 per excess ton of SO2 or 
NOX emitted in 2022. This annual adjustment factor is 
determined from values of the CPI-U for August 1989 and August 2021.

Rona Birnbaum,
Acting Director, Clean Air Markets Division, Office of Atmospheric 
Programs, Office of Air and Radiation.
[FR Doc. 2021-21186 Filed 9-28-21; 8:45 am]
BILLING CODE 6560-50-P