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.  ny 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 regula-
tion, adjust the penalty specified  in subsection (a) for  infla-
tion, based on the Consumer Price Index, on the date of enactment
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 title shall  limit or
otherwise affect the application of section 113, 114, 120, or 304
except as otherwise explicitly provided in this title.
[42 U.S.C. 7651j]