42 U.S.C. § 7651j : US Code - Section 7651J: Excess emissions penalty

Search 42 U.S.C. § 7651j : US Code - Section 7651J: Excess emissions penalty

(a) Excess emissions penalty
The owner or operator of any unit or process source subject to
the requirements of sections (!1) 7651b, 7651c, 7651d, 7651e, 7651f
or 7651h of this title, or designated under section 7651i of this
title, that emits sulfur dioxide or nitrogen oxides for any
calendar year in excess of the unit's emissions limitation
requirement or, in the case of sulfur dioxide, of the allowances
the owner or operator holds for use for the unit for that calendar
year shall be liable for the payment of an excess emissions
penalty, except where such emissions were authorized pursuant to
section 7410(f) of this title. That penalty shall be calculated on
the basis of the number of tons emitted in excess of the unit's
emissions limitation requirement or, in the case of sulfur dioxide,
of the allowances the operator holds for use for the unit for that
year, multiplied by $2,000. Any such penalty shall be due and
payable without demand to the Administrator as provided in
regulations to be issued by the Administrator by no later than
eighteen months after November 15, 1990. Any such payment shall be
deposited in the United States Treasury pursuant to the
Miscellaneous Receipts Act.(!2) Any penalty due and payable under
this section shall not diminish the liability of the unit's owner
or operator for any fine, penalty or assessment against the unit
for the same violation under any other section of this chapter.
(b) Excess emissions offset
The owner or operator of any affected source that emits sulfur
dioxide during any calendar year in excess of the unit's emissions
limitation requirement or of the allowances held for the unit for
the calendar year, shall be liable to offset the excess emissions
by an equal tonnage amount in the following calendar year, or such
longer period as the Administrator may prescribe. The owner or
operator of the source shall, within sixty days after the end of
the year in which the excess emissions occured,(!3) submit to the
Administrator, and to the State in which the source is located, a
proposed plan to achieve the required offsets. Upon approval of the
proposed plan by the Administrator, as submitted, modified or
conditioned, the plan shall be deemed at (!4) a condition of the
operating permit for the unit without further review or revision of
the permit. The Administrator shall also deduct allowances equal to
the excess tonnage from those allocated for the source for the
calendar year, or succeeding years during which offsets are
required, following the year in which the excess emissions
occurred.
(c) Penalty adjustment
The Administrator shall, by regulation, adjust the penalty
specified in subsection (a) of this section for inflation, based on
the Consumer Price Index, on November 15, 1990, and annually
thereafter.
(d) Prohibition
It shall be unlawful for the owner or operator of any source
liable for a penalty and offset under this section to fail (1) to
pay the penalty under subsection (a) of this section, (2) to
provide, and thereafter comply with, a compliance plan as required
by subsection (b) of this section, or (3) to offset excess
emissions as required by subsection (b) of this section.
(e) Savings provision
Nothing in this subchapter shall limit or otherwise affect the
application of section 7413, 7414, 7420, or 7604 of this title
except as otherwise explicitly provided in this subchapter.