§7651j Excess emissions penalty

Summary

Owners or operators of units covered by sections 7651b, 7651c, 7651d, 7651e, 7651f, 7651h, or those designated under 7651i must pay a penalty if their unit releases more sulfur dioxide (SO2) or nitrogen oxides (NOx) in a calendar year than the unit’s emissions limit, or if SO2 emissions exceed the allowances the owner holds. The penalty is $2,000 for each ton over the limit. No penalty applies if the excess was allowed under section 7410(f). The penalty must be paid to the Administrator according to EPA rules that were to be issued no later than eighteen months after November 15, 1990, and the money goes to the U.S. Treasury under the Miscellaneous Receipts Act. The $2,000 amount will be adjusted each year for inflation using the Consumer Price Index based on November 15, 1990. Paying this penalty does not remove other fines or penalties for the same violation. If a source emits more SO2 than allowed or than its allowances cover, the owner must make up the extra tons by cutting emissions by an equal amount in the next calendar year, or over a longer period if the Administrator allows. Within 60 days after the year with the excess, the owner must send a plan to the Administrator and the state explaining how it will achieve the offsets. Once approved, that plan becomes part of the unit’s operating permit. The Administrator will also subtract allowances equal to the excess from the source’s allocated allowances for that year or later years while offsets are required. It is illegal to fail to pay the penalty, fail to provide or follow the required plan, or fail to make the offsets. These rules do not limit other enforcement sections 7413, 7414, 7420, or 7604 except where this subchapter says otherwise.