Administrator, that all motor diesel fuel produced by the
refinery for which allowances are claimed, including motor diesel
fuel for off-highway use, shall have met the requirements of
subsection 211(i) of this Act.
"SEC. 411. EXCESS EMISSIONS PENALTY.
"(a) Excess Emissions Penalty.-The owner or operator of any unit
or process source subject to the requirements of sections 403, 404,
405, 406, 407 or 409, or designated under section 410, 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 110(f). 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 the
date of enactment of the Clean Air Act Amendments of 1990. Any such
payment shall be deposited in the United States Treasury pursuant to
the Miscellaneous Receipts Act. 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 Act.
"(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 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 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 the date of enactment and annually
"(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 title shall limit or
otherwise affect the application of section 113, 114, 120, or 304
except as otherwise explicitly provided in this title.
"SEC. 412. MONITORING, REPORTING, AND RECORDKEEPING REQUIREMENTS.