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42 U.S.C. § 7651j — Excess emissions penalty
Federal law — U.S. Code and appendices · legal_authorities
**(a) Excess emissions penalty** The owner or operator of any unit or process source subject to the requirements of sections 11 So in original. Probably should be “section”. 7651b, 7651c, 7651d, 7651e, 7651f or 7651h of this title, or designated under [section 7651i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651i&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/f&num=0&edition=prelim). 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.22 See References in Text note below. 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.
**(b) Excess emissions offset** The owner or operator of any affected
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Source file: Laws/federal/codes/united-states-code/title-42/section-7651j-excess-emissions-penalty--e0d3c74460.md
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Source location: Title 42, Chapter 85, § 7651j; chapter-085-air-pollution-prevention-and-control.md
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**(a) Excess emissions penalty** The owner or operator of any unit or process source subject to the requirements of sections 11 So in original. Probably should be “section”. 7651b, 7651c, 7651d, 7651e, 7651f or 7651h of this title, or designated under [section 7651i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651i&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/f&num=0&edition=prelim). 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.22 See References in Text note below. 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.
**(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,33 So in original. Probably should be “occurred,”. 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 44 So in original. 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.
**(c) Penalty adjustment** The Administrator shall, by regulation, adjust the penalty specified in subsection (a) 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), (2) to provide, and thereafter comply with, a compliance plan as required by subsection (b), or (3) to offset excess emissions as required by subsection (b).
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided by another law, an official or agent of the United States Government having custody or possession of public money shall keep the money safe without—
(1) lending the money;
(2) using the money;
(3) depositing the money in a bank; and
(4) exchanging the money for other amounts.
**(b)** Except as provided in section 3718(b) 11 See References in Text note below. of this title, an official or agent of the Government receiving money for the Government from any source shall deposit the money in the Treasury as soon as practicable without deduction for any charge or claim.
**(c)**
(1) A person having custody or possession of public money, including a disbursing official having public money not for current expenditure, shall deposit the money without delay in the Treasury or with a depositary designated by the Secretary of the Treasury under law. Except as provided in paragraph (2), money required to be deposited pursuant to this subsection shall be deposited not later than the third day after the custodian receives the money. The Secretary or a depositary receiving a deposit shall issue duplicate receipts for the money deposited. The original receipt is for the Secretary and the duplicate is for the custodian.
(2) The Secretary of the Treasury may by regulation prescribe that a person having custody or possession of money required by this subsection to be deposited shall deposit such money during a period of time that is greater or lesser than the period of time specified by the second sentence of paragraph (1).
**(d)** An official or agent not complying with subsection (b) of this section may be removed from office. The official or agent may be required to forfeit to the Government any part of the money held by the official or agent and to w
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3302
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability** The owner or operator of any unit that is not, nor will become, an affected unit under section 7651b(e), 7651c, or 7651d of this title, or that is a process source under subsection (d), that emits sulfur dioxide, may elect to designate that unit or source to become an affected unit and to receive allowances under this subchapter. An election shall be submitted to the Administrator for approval, along with a permit application and proposed compliance plan in accordance with [section 7651g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651g&num=0&edition=prelim). The Administrator shall approve a designation that meets the requirements of this section, and such designated unit, or source, shall be allocated allowances, and be an affected unit for purposes of this subchapter.
**(b) Establishment of baseline** The baseline for a unit designated under this section shall be established by the Administrator by regulation, based on fuel consumption and operating data for the unit for calendar years 1985, 1986, and 1987, or if such data is not available, the Administrator may prescribe a baseline based on alternative representative data.
**(c) Emission limitations** Annual emissions limitations for sulfur dioxide shall be equal to the product of the baseline multiplied by the lesser of the unit’s 1985 actual or allowable emission rate in lbs/mmBtu, or, if the unit did not operate in 1985, by the lesser of the unit’s actual or allowable emission rate for a calendar year after 1985 (as determined by the Administrator), divided by 2,000.
**(d) Process sources** Not later than 18 months after November 15, 1990, the Administrator shall establish a program under which the owner or operator of a process source that e
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7651i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Adoption of plan by State; submission to Administrator; content of plan; revision; new sources; indirect source review program; supplemental or intermittent control systems**
(1) Each State shall, after reasonable notice and public hearings, adopt and submit to the Administrator, within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof) under [section 7409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7409&num=0&edition=prelim) for any air pollutant, a plan which provides for implementation, maintenance, and enforcement of such primary standard in each air quality control region (or portion thereof) within such State. In addition, such State shall adopt and submit to the Administrator (either as a part of a plan submitted under the preceding sentence or separately) within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national ambient air quality secondary standard (or revision thereof), a plan which provides for implementation, maintenance, and enforcement of such secondary standard in each air quality control region (or portion thereof) within such State. Unless a separate public hearing is provided, each State shall consider its plan implementing such secondary standard at the hearing required by the first sentence of this paragraph.
(2) Each implementation plan submitted by a State under this chapter shall be adopted by the State after reasonable notice and public hearing. Each such plan shall—
(A) include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permit
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7410
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Allocations of annual allowances for existing and new units**
(1) 11 So in original. No pars. (2) and (3) have been enacted. For the emission limitation programs under this subchapter, the Administrator shall allocate annual allowances for the unit, to be held or distributed by the designated representative of the owner or operator of each affected unit at an affected source in accordance with this subchapter, in an amount equal to the annual tonnage emission limitation calculated under section 7651c, 7651d, 7651e, 7651h, or 7651i of this title except as otherwise specifically provided elsewhere in this subchapter. Except as provided in sections 7651d(a)(2), 7651d(a)(3), 7651h and 7651i of this title, beginning January 1, 2000, the Administrator shall not allocate annual allowances to emit sulfur dioxide pursuant to [section 7651d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651d&num=0&edition=prelim) in such an amount as would result in total annual emissions of sulfur dioxide from utility units in excess of 8.90 million tons except that the Administrator shall not take into account unused allowances carried forward by owners and operators of affected units or by other persons holding such allowances, following the year for which they were allocated. If necessary to meeting the restrictions imposed in the preceding sentence, the Administrator shall reduce, pro rata, the basic Phase II allowance allocations for each unit subject to the requirements of [section 7651d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651d&num=0&edition=prelim). Subject to the provisions of section 7651o of this title, the Administrator shall allocate allowances for each affected unit at an affe
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7651b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Emission limitations**
(1) After January 1, 1995, each source that includes one or more affected units listed in table A is an affected source under this section. After January 1, 1995, it shall be unlawful for any affected unit (other than an eligible phase I unit under subsection (d)(2)) to emit sulfur dioxide in excess of the tonnage limitation stated as a total number of allowances in table A for phase I, unless (A) the emissions reduction requirements applicable to such unit have been achieved pursuant to subsection (b) or (d), or (B) the owner or operator of such unit holds allowances to emit not less than the unit’s total annual emissions, except that, after January 1, 2000, the emissions limitations established in this section shall be superseded by those established in [section 7651d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651d&num=0&edition=prelim). The owner or operator of any unit in violation of this section shall be fully liable for such violation including, but not limited to, liability for fulfilling the obligations specified in [section 7651j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651j&num=0&edition=prelim).
(2) Not later than December 31, 1991, the Administrator shall determine the total tonnage of reductions in the emissions of sulfur dioxide from all utility units in calendar year 1995 that will occur as a result of compliance with the emissions limitation requirements of this section, and shall establish a reserve of allowances equal in amount to the number of tons determined thereby not to exceed a total of 3.50 million tons. In making such a determination, the Administrator shall compute for each unit subject to the emissions limitation
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7651c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability**
(1) After January 1, 2000, each existing utility unit as provided below is subject to the limitations or requirements of this section. Each utility unit subject to an annual sulfur dioxide tonnage emission limitation under this section is an affected unit under this subchapter. Each source that includes one or more affected units is an affected source. In the case of an existing unit that was not in operation during calendar year 1985, the emission rate for a calendar year after 1985, as determined by the Administrator, shall be used in lieu of the 1985 rate. The owner or operator of any unit operated in violation of this section shall be fully liable under this chapter for fulfilling the obligations specified in [section 7651j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651j&num=0&edition=prelim).
(2) In addition to basic Phase II allowance allocations, in each year beginning in calendar year 2000 and ending in calendar year 2009, inclusive, the Administrator shall allocate up to 530,000 Phase II bonus allowances pursuant to subsections (b)(2), (c)(4), (d)(3)(A) and (B), and (h)(2) of this section and [section 7651e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651e&num=0&edition=prelim). Not later than June 1, 1998, the Administrator shall calculate, for each unit granted an extension pursuant to [section 7651h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651h&num=0&edition=prelim) the difference between (A) the number of allowances allocated for the unit in calendar year 2000, and (B) the product of the unit’s baseline multiplied by 1.20 lbs/mmBtu, divided by 2000, and sum the computations. In each year,
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7651d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability** The owner and operator of any source subject to this subchapter shall be required to install and operate CEMS on each affected unit at the source, and to quality assure the data for sulfur dioxide, nitrogen oxides, opacity and volumetric flow at each such unit. The Administrator shall, by regulations issued not later than eighteen months after November 15, 1990, specify the requirements for CEMS, for any alternative monitoring system that is demonstrated as providing information with the same precision, reliability, accessibility, and timeliness as that provided by CEMS, and for recordkeeping and reporting of information from such systems. Such regulations may include limitations or the use of alternative compliance methods by units equipped with an alternative monitoring system as may be necessary to preserve the orderly functioning of the allowance system, and which will ensure the emissions reductions contemplated by this subchapter. Where 2 or more units utilize a single stack, a separate CEMS shall not be required for each unit, and for such units the regulations shall require that the owner or operator collect sufficient information to permit reliable compliance determinations for each such unit.
**(b) First phase requirements** Not later than thirty-six months after November 15, 1990, the owner or operator of each affected unit under [section 7651c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651c&num=0&edition=prelim), including, but not limited to, units that become affected units pursuant to subsections (b) and (c) and eligible units under subsection (d), shall install and operate CEMS, quality assure the data, and keep records and reports in accordance with the regulations issued under subs
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7651k
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Federal law — U.S. Code and appendices · legal_authorities
Page 7435
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7651j
1 So in original. Probably should be ‘‘section’’.
1 So in original. Probably should be ‘‘section’’.
and be an affected unit for purposes of this sub-
chapter.
(b) Establishment of baseline
The baseline for a unit designated under this
section shall be established by the Adminis-
trator by regulation, based on fuel consumption
and operating data for the unit for calendar
years 1985, 1986, and 1987, or if such data is not
available, the Administrator may prescribe a
baseline based on alternative representative
data.
(c) Emission limitations
Annual emissions limitations for sulfur diox-
ide shall be equal to the product of the baseline
multiplied by the lesser of the unit’s 1985 actual
or allowable emission rate in lbs/mmBtu, or, if
the unit did not operate in 1985, by the lesser of
the unit’s actual or allowable emission rate for
a calendar year after 1985 (as determined by the
Administrator), divided by 2,000.
(d) Process sources
Not later than 18 months after November 15,
1990, the Administrator shall establish a pro-
gram under which the owner or operator of a
process source that emits sulfur dioxide may
elect to designate that source as an affected
unit for the purpose of receiving allowances
under this subchapter. The Administrator shall,
by regulation, define the sources that may be
designated; specify the emissions limitation;
specify the operating, emission baseline, and
other data requirements; prescribe CEMS or
other monitoring requirements; and promulgate
permit, reporting, and any other requirements
necessary to implement such a program.
(e) Allowances and permits
The Administrator shall issue allowances to
an affected unit under this section in an amount
equal to the
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7651j
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