42 U.S.C. § 7511d — Enforcement for Severe and Extreme ozone nonattainment areas for failure to attain
submitted 71 years ago by Pub. L. 101-549 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 647 words · no verdicts yet
This section requires fees from major VOC sources when a Severe or Extreme ozone area misses its attainment date. It explains how to calculate and collect the fees and provides a limited exception for certain small areas affected by transported ozone.
(a) Each Severe- or Extreme-Area plan must require each major VOC* stationary source* in an area that misses its ozone attainment date to pay the State* a yearly fee, beginning after that date and continuing until redesignation to attainment, unless subsection (c) applies. The plan should include assessment and collection procedures. (b) (1) The fee is $5,000, adjusted under (3), for each ton of VOC emitted during the year above 80 percent of the baseline amount. (2) The baseline is the lower of actual VOC emissions and the emissions allowed by the source’s permit during the attainment year, or, if no permit existed then, the amount allowed by the plan. Administrator* guidance may instead use lower average actuals or average allowables over more than one year when emissions are irregular, cyclical, or substantially variable. (3) The amount is adjusted each year beginning in the year after 1990 for inflation under section 7661a(b)(3)(B)(v). (c) A source owes no fee for a year treated as an “Extension Year” under section 7511(a)(5). (d) If the plan’s fee rules do not meet this section or the State is not administering them, the Administrator must collect unpaid fees under Administrator procedures. After a section 7509(a)(4) finding, the Administrator may collect earlier unpaid fees plus interest under section 6621(a)(2). The cited section 7661a penalty and fund-use rules apply. (e) In an area with fewer than 200,000 people that misses attainment, no sanction under this section or the chapter applies if the area shows, consistently with Administrator guidance, that transported ozone or precursors prevented attainment, but only if the area met every applicable requirement and implemented every applicable measure.
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.
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).
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.
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).
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.
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, 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.
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 credit: (July 14, 1955, ch. 360, title I, § 185, as added Pub. L. 101–549, title I, § 103, Nov. 15, 1990, 104 Stat. 2450.)
- 1955Enacted · Pub. L. 101-549 · 104 Stat. 2450
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-549 on 1955-07-14.
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