PUBLIC LAW 95-95—AUG. 7, 1977 "(A) provide reimbursement with interest (to be paid by the State or Secretary of the Treasury, as the case may be) at appropriate prevailing rates (as determined by the Secretary of the Treasury) for any overpayment by such person, or "(B) assess and collect an additional payment with interest at appropriate prevailing rates (as determined by the Secretary of the Treasury) for any underpayment by such person. "(5) Any person who fails to pay the amount of any penalty with respect to any source under this section on a timely basis shall be required to pay in addition a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of such person's penalties and nonpayment penalties with respect to such source which are unpaid as of the beginning of such quarter. "(e) Any action pursuant to this section, including any objection of the Administrator under the last sentence of subsection (b) shall be considered a final action for purposes of judicial review of any penalty under section 307 of this Act. "(f) Any orders, payments, sanctions, or other requirements under this section shall be in addition to any other permits, orders, payments, sanctions, or other requirements established under this Act, and shall in no way affect any civil or criminal enforcement proceedings brought under any provision of this Act or State or local law. "(g) In the case of any emission limitation or other requirement approved or promulgated by the Administrator under this Act after the enactment of the Clean Air Act Amendments of 1977 which is more stringent than the emission limitation or requirement for the source in effect prior to such approval or promulgation, if any, or where there was no emission limitation or requirement approved or promulgated before enactment of the Clean Air Act Amendments of 1977, the date for imposition of the non-compliance penalty under this section, shall be either July 1, 1979, or the date on which the source is required to be in full compliance with such emission limitation or requirement, whichever is later, but in no event later than three years after the approval or promulgation of such emission limitation or requirement.".
91 STAT. 719
Quarterly nonpayment P«o*l*y-
Post, pp. 772, ^^^' '^'^'^•
CONSULTATION
SEC. 119. Part A of title I of the Clean Air Act is amended by adding the following new section at the end thereof: ((CONSULTATION "SEC. 121. In carrying out the requirements of this Act requiring applicable implementation plans to contain— "(1) any transportation controls, air quality maintenance plan requirements or preconstruction review of direct sources of air pollution, or " (2) any measure referred to— "(A) in part D (pertaining to nonattainment requirements), or "(B) in part C (pertaining to prevention of significant deterioration), and in carrying out the requirements of section 113(d) (relating to certain enforcement orders), the State shall provide a satisfactory process
29-194 0
^2 USC 7421.
Post, ^.146. Post, p. 731. ^"-te, p- 705.
�
