Sec. 102. Fees on criteria air pollutants
935 words·~4 min read·
/bill/117/s/2085/is/section-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term Administrator means Administrator of the Environmental Protection Agency. The term community of color means a census tract in which the population of any of the following categories of individuals is higher than the average population of that category for the State in which the census tract is located, or in which the cumulative population of 2 or more of the following categories is higher than the State average population of those 2 or more categories:
Black. African American. Asian. Native American. Other non-White race. Hispanic. Latino. Linguistically isolated. The term criteria air pollutant is within the meaning of the Clean Air Act ( 42 U.S.C. 7401 et seq. ). The term environmental justice community means— a community of color; a low-income community; and a Tribal or indigenous community. The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ).
The term low-income community means a census tract in which— the poverty rate is at least 20 percent; or the median family income does not exceed— if the census tract is not located within a metropolitan area, 80 percent of the statewide median income; or if the census tract is located within a metropolitan area, 80 percent of the greater of— the statewide median income; and the median income of the metropolitan area. The term major source has the meaning given the term in section 501 of the Clean Air Act ( 42 U.S.C. 7661 ).
The term Native American means— an Indian (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); a native Hawaiian (as defined in section 201(a) of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42)); a Native (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )); and a Native American Pacific Islander (as defined in section 815 of the Native American Programs Act of 1974 ( 42 U.S.C. 2992c )).
The term Secretary means the Secretary of the Treasury. The term Tribal or indigenous community refers to a population of individuals who are members of— an Indian Tribe; an Alaska Native or Native Hawaiian community or organization; or any other community of indigenous people located in a State. Beginning on January 1, 2023, the owner or operator of each major source shall ensure that the major source has continuous emission monitoring systems installed that are capable of volumetric monitoring of all emissions of criteria air pollutants from smoke stacks and exhaust outlets of the major source.
The owner or operator of each major source shall submit to the Administrator on a monthly basis all data collected by the continuous emission monitoring system for that major source required under subsection
(b)with respect to each criteria air pollutant. When submitting data under subparagraph (A), the owner or operator shall certify to the Administrator that the data being submitted are correct. An owner or operator that is required to submit data under subparagraph
(A)for a month that fails to do so by the 5th day of the month after the month for which data are required to be submitted shall be assessed a fine of $20,000 for each day until the required data are submitted. An owner or operator that is required to submit data under subparagraph
(A)for a month that knowingly submits to the Administrator false data shall be assessed a fine of $10,000,000. Not later than 30 days after the date on which the Administrator receives data submitted under paragraph (1), the Administrator shall make the data publicly available on a website of the Administrator. The Administrator shall transfer the data submitted under paragraph
(1)to the Secretary for the purpose of carrying out subsection (d). Beginning in calendar year 2024, the Secretary shall assess from the owner or operator of each major source within an environmental justice community or within 1 mile of an environmental justice community an annual emissions fee. Subject to paragraph (3), the annual emissions fee for a major source under paragraph
(1)shall be in an amount equal to the sum of— the amount obtained by multiplying— the quantity, in pounds, of oxides of nitrogen emitted by the major source during the previous calendar year, as determined using the data submitted to the Administrator under subsection (c); and $6.30; the amount obtained by multiplying— the quantity, in pounds, of PM 2.5 emitted by the major source during the previous calendar year, as determined using the data submitted to the Administrator under subsection (c); and $38.90; and the amount obtained by multiplying— the quantity, in pounds, of sulfur dioxide emitted by the major source during the previous calendar year, as determined using the data submitted to the Administrator under subsection (c); and $18.00. Beginning in calendar year 2025 and for each calendar year thereafter, the Secretary shall adjust the amounts described in subparagraphs (A)(ii), (B)(ii), and (C)(ii) of paragraph
(2)to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. Not later than January 1, 2028, the Secretary, in conjunction with the Administrator, shall submit to Congress and make public a report that assesses the effect of this Act, and the amendments made by this Act, on— greenhouse gas emissions; emissions of criteria air pollutants; and public health, with a particular emphasis on evaluating the effects on air quality in environmental justice communities.
Connectionstraces to 6
Traces to 6 documents
U.S. Code
Citation graph
cites case law
Sec. 102
Fees on criteria air pollutants
Cites 6Cited by 0 across 0 sources