Rules and Regulations. Notice of annual adjustment factors

Agency: Environmental Protection Agency (EPA)
Action: Notice of annual adjustment factors
Citation: FR Doc. 2021-21186 · FRL-9070-01-OAR

Summary

The Acid Rain Program requires sources that do not meet their annual Acid Rain emissions limitations for sulfur dioxide (SO ² ) or nitrogen oxides (NO ^X ) 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.

Supplementary Information

The Acid Rain Program limits SO ² and NO ^X emissions from fossil fuel-fired electricity generating units. All affected sources must hold allowances sufficient to cover their annual SO ² mass emissions, and certain coal-fired units must meet annual average NO ^X emission rate limits. Under 40 CFR 77.6, any source that does not meet these requirements must pay an excess emissions penalty without demand to the EPA Administrator. The automatic penalty is computed as the number of excess tons of SO ² or NO ^X 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 SO ² or NO ^X 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 SO ² or NO ^X 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]