FGD and DeNOx
NEWSLETTER       

                                                                                                         March 2005
                                                                                                             No. 323

Virginia to Charge Fee for Excess NO_x and VOC Emissions

EPA approved a revision to Virginia’s ozone SIP. The SIP revision requires major stationary sources of VOC and NO_x in the Virginia portion of the Metropolitan Washington, DC Severe Ozone Nonattainment Area to pay a fee to the Commonwealth of Virginia if the Area fails to attain the national ambient air quality standard (NAAQS) for ozone by November 15, 2005. The fee must be paid beginning in 2006 and in each calendar year thereafter, until the Area is redesignated to attainment for ozone.

Any owner of a major VOC or NO_x stationary source, which is a stationary source that emits or has the potential to emit 25 tons or more per year of VOC or NO_x, within the severe ozone nonattainment area is subject to this rule. The fee is initially set at $5000 per ton of VOC or NO_x emitted per year in excess of 80 percent of the baseline amount. The baseline is the lower of the source’s actual or allowable VOC or NO_x emissions during calendar year 2005. Under Sections 182 (d) (3), 182 (e), and 185 of the Clean Air Act, states are required to adopt an excess emissions fee regulation for ozone nonattainment areas classified as severe or extreme.

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