42 U.S. Code § 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.

Source

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

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42 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


40 CFR - Protection of Environment

40 CFR Part 3 - CROSS-MEDIA ELECTRONIC REPORTING

40 CFR Part 6 - PROCEDURES FOR IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT AND ASSESSING THE ENVIRONMENTAL EFFECTS ABROAD OF EPA ACTIONS

40 CFR Part 9 - OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

40 CFR Part 51 - REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS

40 CFR Part 60 - STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

40 CFR Part 62 - APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS

40 CFR Part 81 - DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

40 CFR Part 85 - CONTROL OF AIR POLLUTION FROM MOBILE SOURCES

40 CFR Part 86 - CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES

40 CFR Part 89 - CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES

40 CFR Part 90 - CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES AT OR BELOW 19 KILOWATTS

40 CFR Part 91 - CONTROL OF EMISSIONS FROM MARINE SPARK-IGNITION ENGINES

40 CFR Part 92 - CONTROL OF AIR POLLUTION FROM LOCOMOTIVES AND LOCOMOTIVE ENGINES

40 CFR Part 93 - DETERMINING CONFORMITY OF FEDERAL ACTIONS TO STATE OR FEDERAL IMPLEMENTATION PLANS

40 CFR Part 94 - CONTROL OF EMISSIONS FROM MARINE COMPRESSION-IGNITION ENGINES

40 CFR Part 451 - CONCENTRATED AQUATIC ANIMAL PRODUCTION POINT SOURCE CATEGORY

40 CFR Part 1027 - FEES FOR ENGINE, VEHICLE, AND EQUIPMENT COMPLIANCE PROGRAMS

40 CFR Part 1036 - CONTROL OF EMISSIONS FROM NEW AND IN-USE HEAVY-DUTY HIGHWAY ENGINES

40 CFR Part 1037 - CONTROL OF EMISSIONS FROM NEW HEAVY-DUTY MOTOR VEHICLES

40 CFR Part 1039 - CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES

40 CFR Part 1045 - CONTROL OF EMISSIONS FROM SPARK-IGNITION PROPULSION MARINE ENGINES AND VESSELS

40 CFR Part 1048 - CONTROL OF EMISSIONS FROM NEW, LARGE NONROAD SPARK-IGNITION ENGINES

40 CFR Part 1051 - CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND VEHICLES

40 CFR Part 1054 - CONTROL OF EMISSIONS FROM NEW, SMALL NONROAD SPARK-IGNITION ENGINES AND EQUIPMENT

40 CFR Part 1060 - CONTROL OF EVAPORATIVE EMISSIONS FROM NEW AND IN-USE NONROAD AND STATIONARY EQUIPMENT

40 CFR Part 1065 - ENGINE-TESTING PROCEDURES

40 CFR Part 1066 - VEHICLE-TESTING PROCEDURES

40 CFR Part 1068 - GENERAL COMPLIANCE PROVISIONS FOR HIGHWAY, STATIONARY, AND NONROAD PROGRAMS

40 CFR Part 1074 - PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL PREEMPTION FOR NONROAD ENGINES AND NONROAD VEHICLES

 

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