Page:United States Statutes at Large Volume 91.djvu/749

 PUBLIC LAW 95-95—AUG. 7, 1977 NONCOMPLIANCE

91 STAT. 715

PENALTY

"SEC. 120. (a)(1)(A) Not later than 6 months after the date of Notice and enactment of this section, and after notice and opportunity for a hearing. public hearing, the Administrator shall promulgate regulations Regulations. requiring the assessment and collection of a, noncompliance penalty 42 USC 7420. against persons referred to in paragraph (2)(A). "(B)(i) Each State may develop and submit to the Administrator State plans. a plan for carrying out this section in such State. If the Administrator Delegation of finds that the State plan meets the requirements of this section, he authority. may delegate to such State any authority he has to carry out this section. "(ii) Notwithstanding a delegation to a State under clause (i), the Administrator may carry out this section in such State under the circumstances described in subsection (b)(2)(B). "(2)(A) Except as provided in subparagraph (B) or (C) of this paragraph, the State or the Administrator shall assess and collect a noncompliance penalty against every person who owns or operates— "(i) a major stationary source (other than a primary nonferrous smelter which has received a primary nonferrous smelter order under section 119) which is not in compliance with any emission limitation, emission standard or compliance schedule under any applicable implementation plan, or "(ii) a stationary source which is not in compliance with an emission limitation, emission standard, standard of performance, or other requirement established under section 111 or 112 of this Ante, pp. 697, Act, or "(iii) any source referred to in clause (i) or (ii) (for which an 699-701, 703; Post, extension, order, or suspension referred to in subparagraph (B) is Ante, p. 791; pp. 701, in effect), or a primary nonferrous smelter which has received a 70S; Post, f. 791. primary nonferrous smelter order under section 119 which is not Ante, pp. 709, in compliance with any interim emission control requirement or 712. schedule of compliance under such extension, order, or suspension. For purposes of subsection (d)(2), in the case of a penalty assessed with respect to a source referred to in clause (iii) of this subparagraph, the costs referred to in such subsection (d)(2) shall be the economic value of noncompliance with the interim emission control requirement or the remaining steps in the schedule of compliance referred to in such clause. "(B) Notwithstanding the requirements of subparagraph (A)(i) Exemption. and (ii), the owner or operator of any source shall be exempted from the duty to pay a noncompliance penalty under such requirements with respect to that source if, in accordance with the procedures in subsection (b)(5), the owner or operator demonstrates that the failure of such source to comply with any such requirement is due solely to— "(i) a conversion by such source from the burning of petroleum products or natural gas, or both, as the permanent primary energy source to the burning of coal pursuant to an order under section 119; "(ii) in the case of a coal-burning source granted an extension under the second sentence of section 119(c)(1), a prohibition from using petroleum products or natural gas or both, by reason of an order under the provisions of section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 or under 15 USC 792. any legislation which amends or supersedes such provisions; "(iii) the use of innovative technology sanctioned by an Ante, p. 705. enforcement order under section 113(d)(4);

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