---
kind: "section"
citation: "42 U.S.C. § 7651j"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7651j"
heading: "Excess emissions penalty"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7651j"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter IV–A — Acid Deposition Control"
---

# §7651j. Excess emissions penalty

- (a) **Excess emissions penalty—** The [owner](/usc/42/13641.md?p=4) or operator of any [unit](/usc/42/7651a.md?p=15) or process source subject to the requirements of sections[^1] 7651b, 7651c, 7651d, 7651e, 7651f or [7651h](/usc/42/7651h.md) of this title, or designated under [section 7651i of this title](/usc/42/7651i.md), that emits sulfur dioxide or nitrogen oxides for any calendar year in excess of the [unit](/usc/42/7651a.md?p=15)’s emissions limitation requirement or, in the case of sulfur dioxide, of the [allowances](/usc/42/7651a.md?p=3) the [owner](/usc/42/13641.md?p=4) or operator holds for use for the [unit](/usc/42/7651a.md?p=15) for that calendar 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](/usc/42/7410.md?p=f). That penalty shall be calculated on the basis of the number of tons emitted in excess of the [unit](/usc/42/7651a.md?p=15)’s emissions limitation requirement or, in the case of sulfur dioxide, of the [allowances](/usc/42/7651a.md?p=3) the operator holds for use for the [unit](/usc/42/7651a.md?p=15) for that year, multiplied by $2,000. Any such penalty shall be due and payable without demand to the [Administrator](/usc/42/7602.md?p=a) as provided in regulations to be issued by the [Administrator](/usc/42/7602.md?p=a) by no later than eighteen months after November 15, 1990. Any such payment shall be deposited in the United States Treasury pursuant to the Miscellaneous Receipts Act.[^2] Any penalty due and payable under this section shall not diminish the liability of the [unit](/usc/42/7651a.md?p=15)’s [owner](/usc/42/13641.md?p=4) or operator for any fine, penalty or assessment against the [unit](/usc/42/7651a.md?p=15) for the same [violation](/usc/42/2000e–16a.md?p=c) under any other section of this chapter.
- (b) **Excess emissions offset—** The [owner](/usc/42/13641.md?p=4) or operator of any [affected source](/usc/42/7651a.md?p=1) that emits sulfur dioxide during any calendar year in excess of the [unit](/usc/42/7651a.md?p=15)’s emissions limitation requirement or of the [allowances](/usc/42/7651a.md?p=3) held for the [unit](/usc/42/7651a.md?p=15) 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](/usc/42/7602.md?p=a) may prescribe. The [owner](/usc/42/13641.md?p=4) 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](/usc/42/7602.md?p=a), and to the [State](/usc/42/7651a.md?p=14) in which the source is located, a proposed plan to achieve the required offsets. Upon approval of the proposed plan by the [Administrator](/usc/42/7602.md?p=a), as submitted, [modified](/usc/42/7501.md?p=4) or conditioned, the plan shall be deemed at[^4] a condition of the operating permit for the [unit](/usc/42/7651a.md?p=15) without further review or revision of the permit. The [Administrator](/usc/42/7602.md?p=a) shall also deduct [allowances](/usc/42/7651a.md?p=3) 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](/usc/42/7602.md?p=a) shall, by regulation, adjust the penalty specified in [subsection (a)](#a) for inflation, based on the Consumer Price Index, on November 15, 1990, and annually thereafter.
- (d) **Prohibition—** It shall be unlawful for the [owner](/usc/42/13641.md?p=4) or operator of any source liable for a penalty and offset under this section to fail (1) to pay the penalty under subsection [(a)](#a), (2) to provide, and thereafter comply with, a [compliance plan](/usc/42/7651a.md?p=6) as required by subsection [(b)](#b), or (3) to offset excess emissions as required by [subsection (b)](#b).
- (e) **Savings provision—** Nothing in this subchapter shall limit or otherwise affect the application of section [7413](/usc/42/7413.md), [7414](/usc/42/7414.md), [7420](/usc/42/7420.md), or [7604](/usc/42/7604.md) of this title except as otherwise explicitly provided in this subchapter.

## Footnotes

[^1]: So in original. Probably should be “section”.
[^2]: See References in Text note below.
[^3]: So in original. Probably should be “occurred,”.
[^4]: So in original.

## Source credit

(July 14, 1955, ch. 360, title IV, § 411, as added Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2623.)

## Notes

### Editorial Notes

### References in Text

The Miscellaneous Receipts Act, referred to in subsec. (a), is not a recognized popular name for an act. For provisions relating to deposit of monies, see section 3302 of Title 31, Money and Finance.