
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7511d]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
            Part D--Plan Requirements for Nonattainment Areas
 
     subpart 2--additional provisions for ozone nonattainment areas
 
Sec. 7511d. Enforcement for Severe and Extreme ozone 
        nonattainment areas for failure to attain
        

(a) General rule

    Each implementation plan revision required under section 7511a(d) 
and (e) of this title (relating to the attainment plan for Severe and 
Extreme ozone nonattainment areas) shall provide that, if the area to 
which such plan revision applies has failed to attain the national 
primary ambient air quality standard for ozone by the applicable 
attainment date, each major stationary source of VOCs located in the 
area shall, except as otherwise provided under subsection (c) of this 
section, pay a fee to the State as a penalty for such failure, computed 
in accordance with subsection (b) of this section, for each calendar 
year beginning after the attainment date, until the area is redesignated 
as an attainment area for ozone. Each such plan revision should include 
procedures for assessment and collection of such fees.

(b) Computation of fee

                           (1) Fee amount

        The fee shall equal $5,000, adjusted in accordance with 
    paragraph (3), per ton of VOC emitted by the source during the 
    calendar year in excess of 80 percent of the baseline amount, 
    computed under paragraph (2).

                         (2) Baseline amount

        For purposes of this section, the baseline amount shall be 
    computed, in accordance with such guidance as the Administrator may 
    provide, as the lower of the amount of actual VOC emissions 
    (``actuals'') or VOC emissions allowed under the permit applicable 
    to the source (or, if no such permit has been issued for the 
    attainment year, the amount of VOC emissions allowed under the 
    applicable implementation plan (``allowables'')) during the 
    attainment year. Notwithstanding the preceding sentence, the 
    Administrator may issue guidance authorizing the baseline amount to 
    be determined in accordance with the lower of average actuals or 
    average allowables, determined over a period of more than one 
    calendar year. Such guidance may provide that such average 
    calculation for a specific source may be used if that source's 
    emissions are irregular, cyclical, or otherwise vary significantly 
    from year to year.

                        (3) Annual adjustment

        The fee amount under paragraph (1) shall be adjusted annually, 
    beginning in the year beginning after 1990, in accordance with 
    section 7661a(b)(3)(B)(v) of this title (relating to inflation 
    adjustment).

(c) Exception

    Notwithstanding any provision of this section, no source shall be 
required to pay any fee under subsection (a) of this section with 
respect to emissions during any year that is treated as an Extension 
Year under section 7511(a)(5) of this title.

(d) Fee collection by Administrator

    If the Administrator has found that the fee provisions of the 
implementation plan do not meet the requirements of this section, or if 
the Administrator makes a finding that the State is not administering 
and enforcing the fee required under this section, the Administrator 
shall, in addition to any other action authorized under this subchapter, 
collect, in accordance with procedures promulgated by the Administrator, 
the unpaid fees required under subsection (a) of this section. If the 
Administrator makes such a finding under section 7509(a)(4) of this 
title, the Administrator may collect fees for periods before the 
determination, plus interest computed in accordance with section 
6621(a)(2) of title 26 (relating to computation of interest on 
underpayment of Federal taxes), to the extent the Administrator finds 
such fees have not been paid to the State. The provisions of clauses 
(ii) through (iii) of section 7661a(b)(3)(C) of this title (relating to 
penalties and use of the funds, respectively) shall apply with respect 
to fees collected under this subsection.

(e) Exemptions for certain small areas

    For areas with a total population under 200,000 which fail to attain 
the standard by the applicable attainment date, no sanction under this 
section or under any other provision of this chapter shall apply if the 
area can demonstrate, consistent with guidance issued by the 
Administrator, that attainment in the area is prevented because of ozone 
or ozone precursors transported from other areas. The prohibition 
applies only in cases in which the area has met all requirements and 
implemented all measures applicable to the area under this chapter.

(July 14, 1955, ch. 360, title I, Sec. 185, as added Pub. L. 101-549, 
title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2450.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7509a, 7511, 7511a of this 
title.
