Enforcement

Section 217 Section 217.865  Enforcement a)         Excess emissions requirements:  The owner or operator of an emission reduction source for which NO x reductions have been recognized pursuant to this Section and that has excess NO x emissions in any control period for which NO x allowances have been issued must: 1)         For the first control period during which the emission reduction source has excess NO x emissions, purchase NO x allowances in an amount equal to 2 times the excess NO x emissions in accordance with the federal NO x Trading Program and surrender the allowances to the Agency by December 31 following the control period in which the emission reduction source had excess emissions; 2)         For the second control period during which the emission reduction source has excess NO x emissions, purchase allowances in  an amount equal to 3 times the excess NO x emissions in accordance with the federal NO x Trading Program and surrender the allowances to the Agency by December 31 following the control period in which the emission reduction source had excess emissions; 3)         If the emission reduction source has excess NO x emissions for 3 control periods, purchase allowances in an amount equal to 4 times the excess NO x emissions pursuant to the federal NO x Trading Program and surrender the allowances to the Agency by December 31 following the control period in which the emission reduction source had excess emissions, and the NO x emission reduction proposal shall be automatically revoked.  The emission reduction source will thereafter not be able to generate NO x emission reductions for which NO x allowances may be issued under this Subpart. b)         All allowances surrendered to the Agency pursuant to subsections (a)(1) through (a)(3) of this Section shall be retired to benefit air quality. c)         Nothing in this Subpart limits the authority of the State or the federal government to seek penalties and injunctive relief for any violation of this Subpart or any permit condition.  Nothing in this Subpart limits the right of the State or the federal government or any person to directly enforce against actions or omissions which constitute violations of permits required by the Act or regulations promulgated thereunder or the CAA or applicable federal environmental laws and regulations.