
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: 42USC7651j]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                SUBCHAPTER IV-A--ACID DEPOSITION CONTROL
 
Sec. 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.
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    \1\ So in original. Probably should be ``section''.
    \2\ See References in Text note below.
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(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 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.
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    \3\ So in original. Probably should be ``occurred,''.
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(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.

(July 14, 1955, ch. 360, title IV, Sec. 411, as added Pub. L. 101-549, 
title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2623.)

                       References in Text

    The Miscellaneous Receipts Act, referred to in subsec. (a), is not a 
recognized popular name for an act. For provisions relating to deposit 
of monies, see section 3302 of Title 31, Money and Finance.

                  Section Referred to in Other Sections

    This section is referred to in sections 7410, 7651b, 7651c, 7651d, 
7651i, 7651k of this title.
