42 U.S.C. § 7651k — Untitled legal text

Page 7436 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7651k 2 See References in Text note below. 3 So in original. Probably should be ‘‘occurred,’’. 4 So in original. 7651b, 7651c, 7651d, 7651e, 7651f or 7651h of this title, or designated under section 7651i of this title, that emits sulfur dioxide or nitrogen ox- ides 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 cal- endar 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. That penalty shall be cal- culated on the basis of the number of tons emit- ted 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 reg- ulations 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 Mis- cellaneous Receipts Act.2 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 off- set the excess emissions by an equal tonnage amount in the following calendar year, or such longer period as the Administrator may pre- scribe. The owner or operator of the source shall, within sixty days after the end of the year in which the excess emissions occured,3 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 pro- posed plan by the Administrator, as submitted, modified or conditioned, the plan shall be deemed at 4 a condition of the operating permit for the unit without further review or revision of the permit. The Administrator shall also de- duct allowances equal to the excess tonnage from those allocated for the source for the cal- endar 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 infla- tion, based on the Consumer Price Index, on No- vember 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 there- after comply with, a compliance plan as re- quired by subsection (b), or (3) to offset excess emissions as required by subsection (b). (e) Savings provision Nothing in this subchapter shall limit or oth- erwise affect the application of section 7413, 7414, 7420, or 7604 of this title except as otherwise explicitly provided in this subchapter. (July 14, 1955, ch. 360, title IV, § 411, as added Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2623.) Editorial Notes REFERENCES IN TEXT The Miscellaneous Receipts Act, referred to in sub- sec. (a), is not a recognized popular name for an act. For provisions relating to deposit of monies, see sec- tion 3302 of Title 31, Money and Finance. § 7651k. Monitoring, reporting, and record- keeping requirements (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 re- quirements for CEMS, for any alternative moni- toring 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 regula- tions may include limitations or the use of al- ternative 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 sin- gle 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 compli- ance determinations for each such unit. (b) First phase requirements Not later than thirty-six months after Novem- ber 15, 1990, the owner or operator of each af- fected unit under section 7651c of this title, in- cluding, but not limited to, units that become affected units pursuant to subsections (b) and (c) and eligible units under subsection (d), shall in- stall and operate CEMS, quality assure the data, and keep records and reports in accordance with the regulations issued under subsection (a). (c) Second phase requirements Not later than January 1, 1995, the owner or operator of each affected unit that has not pre- viously met the requirements of subsections (a) and (b) shall install and operate CEMS, quality assure the data, and keep records and reports in accordance with the regulations issued under subsection (a). Upon commencement of commer- cial operation of each new utility unit, the unit shall comply with the requirements of sub- section (a). (d) Unavailability of emissions data If CEMS data or data from an alternative monitoring system approved by the Adminis- Page 7437 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7651n 1 So in original. trator under subsection (a) is not available for any affected unit during any period of a cal- endar year in which such data is required under this subchapter, and the owner or operator can- not provide information, satisfactory to the Ad- ministrator, on emissions during that period, the Administrator shall deem the unit to be op- erating in an uncontrolled manner during the entire period for which the data was not avail- able and shall, by regulation which shall be issued not later than eighteen months after No- vember 15, 1990, prescribe means to calculate emissions for that period. The owner or operator shall be liable for excess emissions fees and off- sets under section 7651j of this title in accord- ance with such regulations. Any fee due and payable under this subsection shall not diminish the liability of the unit’s owner or operator for any fine, penalty, fee or assessment against the unit for the same violation under any other sec- tion of this chapter. (e) Prohibition It shall be unlawful for the owner or operator of any source subject to this subchapter to oper- ate a source without complying with the re- quirements of this section, and any regulations implementing this section. (July 14, 1955, ch. 360, title IV, § 412, as added Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2624.) Statutory Notes and Related Subsidiaries INFORMATION GATHERING ON GREENHOUSE GASES CONTRIBUTING TO GLOBAL CLIMATE CHANGE Pub. L. 101–549, title VIII, § 821, Nov. 15, 1990, 104 Stat. 2699, provided that: ‘‘(a) MONITORING.—The Administrator of the Environ- mental Protection Agency shall promulgate regula- tions within 18 months after the enactment of the Clean Air Act Amendments of 1990 [Nov. 15, 1990] to re- quire that all affected sources subject to title V of the Clean Air Act [probably means title IV of the Clean Air Act as added by Pub. L. 101–549, which is classified to section 7651 et seq. of this title] shall also monitor car- bon dioxide emissions according to the same timetable as in section 511(b) and (c) [probably means section 412(b) and (c) of the Clean Air Act, which is classified to section 7651k(b) and (c) of this title]. The regulations shall require that such data be reported to the Admin- istrator. The provisions of section 511(e) of title V of the Clean Air Act [probably means section 412(e) of title IV of the Clean Air Act, which is classified to sec- tion 7651k(e) of this title] shall apply for purposes of this section in the same manner and to the same extent as such provision applies to the monitoring and data referred to in section 511 [probably means section 412 of the Clean Air Act, which is classified to section 7651k of this title]. ‘‘(b) PUBLIC AVAILABILITY OF CARBON DIOXIDE INFOR- MATION.—For each unit required to monitor and provide carbon dioxide data under subsection (a), the Adminis- trator shall compute the unit’s aggregate annual total carbon dioxide emissions, incorporate such data into a computer data base, and make such aggregate annual data available to the public.’’ § 7651l. General compliance with other provi- sions Except as expressly provided, compliance with the requirements of this subchapter shall not exempt or exclude the owner or operator of any source subject to this subchapter from compli- ance with any other applicable requirements of this chapter. (July 14, 1955, ch. 360, title IV, § 413, as added Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2625.) § 7651m. Enforcement It shall be unlawful for any person subject to this subchapter to violate any prohibition of, re- quirement of, or regulation promulgated pursu- ant to this subchapter shall be a violation of this chapter.1 In addition to the other require- ments and prohibitions provided for in this sub- chapter, the operation of any affected unit to emit sulfur dioxide in excess of allowances held for such unit shall be deemed a violation, with each ton emitted in excess of allowances held constituting a separate violation. (July 14, 1955, ch. 360, title IV, § 414, as added Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2625.) § 7651n. Clean coal technology regulatory incen- tives (a) ‘‘Clean coal technology’’ defined For purposes of this section, ‘‘clean coal tech- nology’’ means any technology, including tech- nologies applied at the precombustion, combus- tion, or post combustion stage, at a new or ex- isting facility which will achieve significant re- ductions in air emissions of sulfur dioxide or ox- ides of nitrogen associated with the utilization of coal in the generation of electricity, process steam, or industrial products, which is not in widespread use as of November 15, 1990. (b) Revised regulations for clean coal technology demonstrations (1) Applicability This subsection applies to physical or oper- ational changes to existing facilities for the sole purpose of installation, operation, ces- sation, or removal of a temporary or perma- nent clean coal technology demonstration project. For the purposes of this section, a clean coal technology demonstration project shall mean a project using funds appropriated under the heading ‘‘Department of Energy— Clean Coal Technology’’, up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the Envi- ronmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost of the dem- onstration project. (2) Temporary projects Installation, operation, cessation, or re- moval of a temporary clean coal technology demonstration project that is operated for a period of five years or less, and which complies with the State implementation plans for the State in which the project is located and other requirements necessary to attain and main- tain the national ambient air quality stand- ards during and after the project is termi-