; or (2) is the producer of less than 1 ton of covered products or beverage containers in commerce each year. (c) Enforcement (1) Prohibition Except as provided in subsection (b), it shall be unlawful for any producer to sell, use, or distribute any covered product or beverage container in commerce except in compliance with this part. (2) Civil penalty A producer that violates paragraph (1) shall be subject to a fine— (A) for each violation; (B) for each day that a violation occurs; and (C) in an aggregate amount of not more than $70,117. (3) Injunctive relief The Administrator may bring a civil action to enjoin the sale, distribution, or importation into the United States of a covered product or beverage container in violation of this part. (4) State enforcement The Administrator may permit a State to carry out enforcement under paragraph (2) or (3) if the Administrator determines that the State meets such requirements as the Administrator may establish, subject to the condition that any fine collected by a State pursuant to paragraph (2) shall be deposited in the Reduction and Litter Cleanup Trust Fund established by section 12112(b). (d) Categories The Administrator, in consultation with Organizations, shall promulgate regulations to establish, for purposes of this part— (1) such categories of covered products as the Administrator determines to be appropriate