
[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Notices]
[Page 67748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21664]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-11423-01-OAR]


Acid Rain Program: Excess Emissions Penalty Inflation Adjustments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of annual adjustment factors.

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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 2023 and 2024.

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 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 2023 is 2.377, resulting in an automatic 
penalty amount of $4,754 per excess ton of SO2 or 
NOX emitted in 2023. 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 2022.
    The annual adjustment factor used to compute excess emissions 
penalties for compliance year 2024 is 2.464, resulting in an automatic 
penalty amount of $4,928 per excess ton of SO2 or 
NOX emitted in 2024. This annual adjustment factor is 
determined from values of the CPI-U for August 1989 and August 2023.

Rona Birnbaum,
Director, Clean Air Markets Division, Office of Atmospheric Programs, 
Office of Air and Radiation.
[FR Doc. 2023-21664 Filed 9-29-23; 8:45 am]
BILLING CODE 6560-50-P


