§7651j Excess Emissions Penalty

Summary

Owners or operators of covered units that release more sulfur dioxide or nitrogen oxides than allowed for a calendar year must pay a penalty. The penalty is $2,000 for each ton emitted over the limit (or over the sulfur dioxide allowances held), unless the emissions were allowed under section 7410(f). Payments go to the Administrator under rules the Administrator had to issue by no later than 18 months after November 15, 1990, and the money is deposited in the U.S. Treasury. The Administrator must adjust the $2,000 penalty for inflation using the Consumer Price Index starting on November 15, 1990 and every year after. If a source emits excess sulfur dioxide, the owner or operator must make up the same number of tons in the next calendar year (or a longer time the Administrator allows). Within 60 days after the year ends they must send a plan to the Administrator and the State explaining how they will offset the excess. Once approved, that plan becomes a condition of the unit’s operating permit. The Administrator will also remove the same number of allowances from the source’s allocation. It is illegal to fail to pay the penalty, to provide and follow the offset plan, or to make the required offsets. This does not limit other enforcement under sections 7413, 7414, 7420, or 7604.