For example, there are regulations that 100 ppm of pollution X is illegal, while 99 ppm of X is legal. Emit 99 ppm, and you're good. Emit 100 ppm and your plant gets shut down. Even worse, you can emit 99 ppm for 10 hours and you're legal, but emit 100 ppm for 1 minute and you're illegal.
A far better approach is to tax total X emitted, not the rate, and not binary legal/illegal:
100 ppm for 1 minute times $1/ppm = $100 tax
99 ppm for 10 hours times $1/ppm = $59,400 tax