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42 U.S.C. § 7511d — Enforcement for Severe and Extreme ozone nonattainment areas for failure to attain
Federal law — U.S. Code and appendices · legal_authorities
**(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), pay a fee to the State as a penalty for such failure, computed in accordance with subsection (b), 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.
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Source file: Laws/federal/codes/united-states-code/title-42/section-7511d-enforcement-for-severe-and-extreme-ozone-nonattainment-areas-for-failure--7be5c4021e.md
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Source location: Title 42, Chapter 85, § 7511d; chapter-085-air-pollution-prevention-and-control.md
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**(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), pay a fee to the State as a penalty for such failure, computed in accordance with subsection (b), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7661a/b/3/B/v&num=0&edition=prelim) (relating to inflation adjustment).
**(c) Exception** Notwithstanding any provision of this section, no source shall be required to pay any fee under subsection (a) with respect to emissions during any year that is treated as an Extension Year under [section 7511(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7511/a/5&num=0&edition=prelim).
**(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). If the Administrator makes such a finding under [section 7509(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7509/a/4&num=0&edition=prelim), the Administrator may collect fees for periods before the determination, plus interest computed in accordance with [section 6621(a)(2) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section6621/a/2&num=0&edition=prelim) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7661a/b/3/C&num=0&edition=prelim) (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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Implementation plans and revisions** Notwithstanding any other provision of law, an implementation plan or plan revision required under this chapter shall be approved by the Administrator if—
(1) such plan or revision meets all the requirements applicable to it under the 11 So in original. Probably should be “this”. chapter other than a requirement that such plan or revision demonstrate attainment and maintenance of the relevant national ambient air quality standards by the attainment date specified under the applicable provision of this chapter, or in a regulation promulgated under such provision, and
(2) the submitting State establishes to the satisfaction of the Administrator that the implementation plan of such State would be adequate to attain and maintain the relevant national ambient air quality standards by the attainment date specified under the applicable provision of this chapter, or in a regulation promulgated under such provision, but for emissions emanating from outside of the United States.
**(b) Attainment of ozone levels** Notwithstanding any other provision of law, any State that establishes to the satisfaction of the Administrator that, with respect to an ozone nonattainment area in such State, such State would have attained the national ambient air quality standard for ozone by the applicable attainment date, but for emissions emanating from outside of the United States, shall not be subject to the provisions of section 7511(a)(2) or (5) of this title or [section 7511d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7511d&num=0&edition=prelim).
**(c) Attainment of carbon monoxide levels** Notwithstanding any other provision of law, any State that establishes to the satisfaction of the Administrator
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7509a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Classification and attainment dates for 1989 nonattainment areas**
(1) Each area designated nonattainment for ozone pursuant to [section 7407(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7407/d&num=0&edition=prelim) shall be classified at the time of such designation, under table 1, by operation of law, as a Marginal Area, a Moderate Area, a Serious Area, a Severe Area, or an Extreme Area based on the design value for the area. The design value shall be calculated according to the interpretation methodology issued by the Administrator most recently before November 15, 1990. For each area classified under this subsection, the primary standard attainment date for ozone shall be as expeditiously as practicable but not later than the date provided in table 1. TABLE 1 Area classDesign value*Primary standardattainment date** *The design value is measured in parts per million (ppm). **The primary standard attainment date is measured from November 15, 1990. Marginal0.121 up to 0.1383 years after November 15, 1990 Moderate0.138 up to 0.1606 years after November 15, 1990 Serious0.160 up to 0.1809 years after November 15, 1990 Severe0.180 up to 0.28015 years after November 15, 1990 Extreme0.280 and above20 years after November 15, 1990
(2) Notwithstanding table 1, in the case of a severe area with a 1988 ozone design value between 0.190 and 0.280 ppm, the attainment date shall be 17 years (in lieu of 15 years) after November 15, 1990.
(3) At the time of publication of the notice under [section 7407(d)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7407/d/4&num=0&edition=prelim) (relating to area designations) for each ozone nonattainment area, the Administrator shall publish a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7511
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Marginal Areas** Each State in which all or part of a Marginal Area is located shall, with respect to the Marginal Area (or portion thereof, to the extent specified in this subsection), submit to the Administrator the State implementation plan revisions (including the plan items) described under this subsection except to the extent the State has made such submissions as of November 15, 1990.
(1) **Inventory** — Within 2 years after November 15, 1990, the State shall submit a comprehensive, accurate, current inventory of actual emissions from all sources, as described in [section 7502(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7502/c/3&num=0&edition=prelim), in accordance with guidance provided by the Administrator.
(2) **Corrections to the State implementation plan** — Within the periods prescribed in this paragraph, the State shall submit a revision to the State implementation plan that meets the following requirements—
(A) *Reasonably available control technology corrections* — For any Marginal Area (or, within the Administrator’s discretion, portion thereof) the State shall submit, within 6 months of the date of classification under [section 7511(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7511/a&num=0&edition=prelim), a revision that includes such provisions to correct requirements in (or add requirements to) the plan concerning reasonably available control technology as were required under [section 7502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7502/b&num=0&edition=prelim) (as in effect immediately before November 15, 1990), as interpreted in guidance issued by the Administrator under [section 7408 of
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7511a
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Federal law — U.S. Code and appendices · legal_authorities
Page 7303
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7511e
applies, a finding under section 7410(k)(5) of
this title that the implementation plan for
such State is inadequate to meet the require-
ments of section 7410(a)(2)(D) of this title.
Such finding shall require each such State to
revise its implementation plan to include the
approved additional control measures within
one year after the finding is issued.
(d) Best available air quality monitoring and
modeling
For purposes of this section, not later than 6
months after November 15, 1990, the Adminis-
trator shall promulgate criteria for purposes of
determining the contribution of sources in one
area to concentrations of ozone in another area
which is a nonattainment area for ozone. Such
criteria shall require that the best available air
quality monitoring and modeling techniques be
used for purposes of making such determina-
tions.
(July 14, 1955, ch. 360, title I, § 184, as added Pub.
L. 101–549, title I, § 103, Nov. 15, 1990, 104 Stat.
2448.)
§ 7511d. Enforcement for Severe and Extreme
ozone nonattainment areas for failure to at-
tain
(a) General rule
Each implementation plan revision required
under section 7511a(d) and (e) of this title (relat-
ing to the attainment plan for Severe and Ex-
treme ozone nonattainment areas) shall provide
that, if the area to which such plan revision ap-
plies has failed to attain the national primary
ambient air quality standard for ozone by the
applicable attainment date, each major sta-
tionary source of VOCs located in the area shall,
except as otherwise provided under subsection
(c), pay a fee to the State as a penalty for such
failure, computed in accordance with subsection
(b), for each calendar year beginning after the
attainment date, until
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7511d
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