US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC7413]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
              Part A--Air Quality and Emission Limitations
 
Sec. 7413. Federal enforcement


(a) In general

                    (1) Order to comply with SIP

        Whenever, on the basis of any information available to the 
    Administrator, the Administrator finds that any person has violated 
    or is in violation of any requirement or prohibition of an 
    applicable implementation plan or permit, the Administrator shall 
    notify the person and the State in which the plan applies of such 
    finding. At any time after the expiration of 30 days following the 
    date on which such notice of a violation is issued, the 
    Administrator may, without regard to the period of violation 
    (subject to section 2462 of title 28)--
            (A) issue an order requiring such person to comply with the 
        requirements or prohibitions of such plan or permit,
            (B) issue an administrative penalty order in accordance with 
        subsection (d) of this section, or
            (C) bring a civil action in accordance with subsection (b) 
        of this section.

         (2) State failure to enforce SIP or permit program

        Whenever, on the basis of information available to the 
    Administrator, the Administrator finds that violations of an 
    applicable implementation plan or an approved permit program under 
    subchapter V of this chapter are so widespread that such violations 
    appear to result from a failure of the State in which the plan or 
    permit program applies to enforce the plan or permit program 
    effectively, the Administrator shall so notify the State. In the 
    case of a permit program, the notice shall be made in accordance 
    with subchapter V of this chapter. If the Administrator finds such 
    failure extends beyond the 30th day after such notice (90 days in 
    the case of such permit program), the Administrator shall give 
    public notice of such finding. During the period beginning with such 
    public notice and ending when such State satisfies the Administrator 
    that it will enforce such plan or permit program (hereafter referred 
    to in this section as ``period of federally assumed enforcement''), 
    the Administrator may enforce any requirement or prohibition of such 
    plan or permit program with respect to any person by--
            (A) issuing an order requiring such person to comply with 
        such requirement or prohibition,
            (B) issuing an administrative penalty order in accordance 
        with subsection (d) of this section, or
            (C) bringing a civil action in accordance with subsection 
        (b) of this section.

              (3) EPA enforcement of other requirements

        Except for a requirement or prohibition enforceable under the 
    preceding provisions of this subsection, whenever, on the basis of 
    any information available to the Administrator, the Administrator 
    finds that any person has violated, or is in violation of, any other 
    requirement or prohibition of this subchapter, section 7603 of this 
    title, subchapter IV-A, subchapter V, or subchapter VI of this 
    chapter, including, but not limited to, a requirement or prohibition 
    of any rule, plan, order, waiver, or permit promulgated, issued, or 
    approved under those provisions or subchapters, or for the payment 
    of any fee owed to the United States under this chapter (other than 
    subchapter II of this chapter), the Administrator may--
            (A) issue an administrative penalty order in accordance with 
        subsection (d) of this section,
            (B) issue an order requiring such person to comply with such 
        requirement or prohibition,
            (C) bring a civil action in accordance with subsection (b) 
        of this section or section 7605 of this title, or
            (D) request the Attorney General to commence a criminal 
        action in accordance with subsection (c) of this section.

                     (4) Requirements for orders

        An order issued under this subsection (other than an order 
    relating to a violation of section 7412 of this title) shall not 
    take effect until the person to whom it is issued has had an 
    opportunity to confer with the Administrator concerning the alleged 
    violation. A copy of any order issued under this subsection shall be 
    sent to the State air pollution control agency of any State in which 
    the violation occurs. Any order issued under this subsection shall 
    state with reasonable specificity the nature of the violation and 
    specify a time for compliance which the Administrator determines is 
    reasonable, taking into account the seriousness of the violation and 
    any good faith efforts to comply with applicable requirements. In 
    any case in which an order under this subsection (or notice to a 
    violator under paragraph (1)) is issued to a corporation, a copy of 
    such order (or notice) shall be issued to appropriate corporate 
    officers. An order issued under this subsection shall require the 
    person to whom it was issued to comply with the requirement as 
    expeditiously as practicable, but in no event longer than one year 
    after the date the order was issued, and shall be nonrenewable. No 
    order issued under this subsection shall prevent the State or the 
    Administrator from assessing any penalties nor otherwise affect or 
    limit the State's or the United States authority to enforce under 
    other provisions of this chapter, nor affect any person's 
    obligations to comply with any section of this chapter or with a 
    term or condition of any permit or applicable implementation plan 
    promulgated or approved under this chapter.

         (5) Failure to comply with new source requirements

        Whenever, on the basis of any available information, the 
    Administrator finds that a State is not acting in compliance with 
    any requirement or prohibition of the chapter relating to the 
    construction of new sources or the modification of existing sources, 
    the Administrator may--
            (A) issue an order prohibiting the construction or 
        modification of any major stationary source in any area to which 
        such requirement applies; \1\
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    \1\ So in original. The semicolon probably should be a comma.
---------------------------------------------------------------------------
            (B) issue an administrative penalty order in accordance with 
        subsection (d) of this section, or
            (C) bring a civil action under subsection (b) of this 
        section.

Nothing in this subsection shall preclude the United States from 
commencing a criminal action under subsection (c) of this section at any 
time for any such violation.

(b) Civil judicial enforcement

    The Administrator shall, as appropriate, in the case of any person 
that is the owner or operator of an affected source, a major emitting 
facility, or a major stationary source, and may, in the case of any 
other person, commence a civil action for a permanent or temporary 
injunction, or to assess and recover a civil penalty of not more than 
$25,000 per day for each violation, or both, in any of the following 
instances:
        (1) Whenever such person has violated, or is in violation of, 
    any requirement or prohibition of an applicable implementation plan 
    or permit. Such an action shall be commenced (A) during any period 
    of federally assumed enforcement, or (B) more than 30 days following 
    the date of the Administrator's notification under subsection (a)(1) 
    of this section that such person has violated, or is in violation 
    of, such requirement or prohibition.
        (2) Whenever such person has violated, or is in violation of, 
    any other requirement or prohibition of this subchapter, section 
    7603 of this title, subchapter IV-A, subchapter V, or subchapter VI 
    of this chapter, including, but not limited to, a requirement or 
    prohibition of any rule, order, waiver or permit promulgated, 
    issued, or approved under this chapter, or for the payment of any 
    fee owed the United States under this chapter (other than subchapter 
    II of this chapter).
        (3) Whenever such person attempts to construct or modify a major 
    stationary source in any area with respect to which a finding under 
    subsection (a)(5) of this section has been made.

Any action under this subsection may be brought in the district court of 
the United States for the district in which the violation is alleged to 
have occurred, or is occurring, or in which the defendant resides, or 
where the defendant's principal place of business is located, and such 
court shall have jurisdiction to restrain such violation, to require 
compliance, to assess such civil penalty, to collect any fees owed the 
United States under this chapter (other than subchapter II of this 
chapter) and any noncompliance assessment and nonpayment penalty owed 
under section 7420 of this title, and to award any other appropriate 
relief. Notice of the commencement of such action shall be given to the 
appropriate State air pollution control agency. In the case of any 
action brought by the Administrator under this subsection, the court may 
award costs of litigation (including reasonable attorney and expert 
witness fees) to the party or parties against whom such action was 
brought if the court finds that such action was unreasonable.

(c) Criminal penalties

    (1) Any person who knowingly violates any requirement or prohibition 
of an applicable implementation plan (during any period of federally 
assumed enforcement or more than 30 days after having been notified 
under subsection (a)(1) of this section by the Administrator that such 
person is violating such requirement or prohibition), any order under 
subsection (a) of this section, requirement or prohibition of section 
7411(e) of this title (relating to new source performance standards), 
section 7412 of this title, section 7414 of this title (relating to 
inspections, etc.), section 7429 of this title (relating to solid waste 
combustion), section 7475(a) of this title (relating to preconstruction 
requirements), an order under section 7477 of this title (relating to 
preconstruction requirements), an order under section 7603 of this title 
(relating to emergency orders), section 7661a(a) or 7661b(c) of this 
title (relating to permits), or any requirement or prohibition of 
subchapter IV-A of this chapter (relating to acid deposition control), 
or subchapter VI of this chapter (relating to stratospheric ozone 
control), including a requirement of any rule, order, waiver, or permit 
promulgated or approved under such sections or subchapters, and 
including any requirement for the payment of any fee owed the United 
States under this chapter (other than subchapter II of this chapter) 
shall, upon conviction, be punished by a fine pursuant to title 18 or by 
imprisonment for not to exceed 5 years, or both. If a conviction of any 
person under this paragraph is for a violation committed after a first 
conviction of such person under this paragraph, the maximum punishment 
shall be doubled with respect to both the fine and imprisonment.
    (2) Any person who knowingly--
        (A) makes any false material statement, representation, or 
    certification in, or omits material information from, or knowingly 
    alters, conceals, or fails to file or maintain any notice, 
    application, record, report, plan, or other document required 
    pursuant to this chapter to be either filed or maintained (whether 
    with respect to the requirements imposed by the Administrator or by 
    a State);
        (B) fails to notify or report as required under this chapter; or
        (C) falsifies, tampers with, renders inaccurate, or fails to 
    install any monitoring device or method required to be maintained or 
    followed under this chapter \2\
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    \2\ So in original. Probably should be followed by a comma.

shall, upon conviction, be punished by a fine pursuant to title 18 or by 
imprisonment for not more than 2 years, or both. If a conviction of any 
person under this paragraph is for a violation committed after a first 
conviction of such person under this paragraph, the maximum punishment 
shall be doubled with respect to both the fine and imprisonment.
    (3) Any person who knowingly fails to pay any fee owed the United 
States under this subchapter, subchapter III, IV-A, V, or VI of this 
chapter shall, upon conviction, be punished by a fine pursuant to title 
18 or by imprisonment for not more than 1 year, or both. If a conviction 
of any person under this paragraph is for a violation committed after a 
first conviction of such person under this paragraph, the maximum 
punishment shall be doubled with respect to both the fine and 
imprisonment.
    (4) Any person who negligently releases into the ambient air any 
hazardous air pollutant listed pursuant to section 7412 of this title or 
any extremely hazardous substance listed pursuant to section 11002(a)(2) 
of this title that is not listed in section 7412 of this title, and who 
at the time negligently places another person in imminent danger of 
death or serious bodily injury shall, upon conviction, be punished by a 
fine under title 18 or by imprisonment for not more than 1 year, or 
both. If a conviction of any person under this paragraph is for a 
violation committed after a first conviction of such person under this 
paragraph, the maximum punishment shall be doubled with respect to both 
the fine and imprisonment.
    (5)(A) Any person who knowingly releases into the ambient air any 
hazardous air pollutant listed pursuant to section 7412 of this title or 
any extremely hazardous substance listed pursuant to section 11002(a)(2) 
of this title that is not listed in section 7412 of this title, and who 
knows at the time that he thereby places another person in imminent 
danger of death or serious bodily injury shall, upon conviction, be 
punished by a fine under title 18 or by imprisonment of not more than 15 
years, or both. Any person committing such violation which is an 
organization shall, upon conviction under this paragraph, be subject to 
a fine of not more than $1,000,000 for each violation. If a conviction 
of any person under this paragraph is for a violation committed after a 
first conviction of such person under this paragraph, the maximum 
punishment shall be doubled with respect to both the fine and 
imprisonment. For any air pollutant for which the Administrator has set 
an emissions standard or for any source for which a permit has been 
issued under subchapter V of this chapter, a release of such pollutant 
in accordance with that standard or permit shall not constitute a 
violation of this paragraph or paragraph (4).
    (B) In determining whether a defendant who is an individual knew 
that the violation placed another person in imminent danger of death or 
serious bodily injury--
        (i) the defendant is responsible only for actual awareness or 
    actual belief possessed; and
        (ii) knowledge possessed by a person other than the defendant, 
    but not by the defendant, may not be attributed to the defendant;

except that in proving a defendant's possession of actual knowledge, 
circumstantial evidence may be used, including evidence that the 
defendant took affirmative steps to be shielded from relevant 
information.
    (C) It is an affirmative defense to a prosecution that the conduct 
charged was freely consented to by the person endangered and that the 
danger and conduct charged were reasonably foreseeable hazards of--
        (i) an occupation, a business, or a profession; or
        (ii) medical treatment or medical or scientific experimentation 
    conducted by professionally approved methods and such other person 
    had been made aware of the risks involved prior to giving consent.

The defendant may establish an affirmative defense under this 
subparagraph by a preponderance of the evidence.
    (D) All general defenses, affirmative defenses, and bars to 
prosecution that may apply with respect to other Federal criminal 
offenses may apply under subparagraph (A) of this paragraph and shall be 
determined by the courts of the United States according to the 
principles of common law as they may be interpreted in the light of 
reason and experience. Concepts of justification and excuse applicable 
under this section may be developed in the light of reason and 
experience.
    (E) The term ``organization'' means a legal entity, other than a 
government, established or organized for any purpose, and such term 
includes a corporation, company, association, firm, partnership, joint 
stock company, foundation, institution, trust, society, union, or any 
other association of persons.
    (F) The term ``serious bodily injury'' means bodily injury which 
involves a substantial risk of death, unconsciousness, extreme physical 
pain, protracted and obvious disfigurement or protracted loss or 
impairment of the function of a bodily member, organ, or mental faculty.
    (6) For the purpose of this subsection, the term ``person'' 
includes, in addition to the entities referred to in section 7602(e) of 
this title, any responsible corporate officer.

(d) Administrative assessment of civil penalties

    (1) The Administrator may issue an administrative order against any 
person assessing a civil administrative penalty of up to $25,000, per 
day of violation, whenever, on the basis of any available information, 
the Administrator finds that such person--
        (A) has violated or is violating any requirement or prohibition 
    of an applicable implementation plan (such order shall be issued (i) 
    during any period of federally assumed enforcement, or (ii) more 
    than thirty days following the date of the Administrator's 
    notification under subsection (a)(1) of this section of a finding 
    that such person has violated or is violating such requirement or 
    prohibition); or
        (B) has violated or is violating any other requirement or 
    prohibition of this subchapter or subchapter III, IV-A, V, or VI of 
    this chapter, including, but not limited to, a requirement or 
    prohibition of any rule, order, waiver, permit, or plan promulgated, 
    issued, or approved under this chapter, or for the payment of any 
    fee owed the United States under this chapter (other than subchapter 
    II of this chapter); or
        (C) attempts to construct or modify a major stationary source in 
    any area with respect to which a finding under subsection (a)(5) of 
    this section has been made.

The Administrator's authority under this paragraph shall be limited to 
matters where the total penalty sought does not exceed $200,000 and the 
first alleged date of violation occurred no more than 12 months prior to 
the initiation of the administrative action, except where the 
Administrator and the Attorney General jointly determine that a matter 
involving a larger penalty amount or longer period of violation is 
appropriate for administrative penalty action. Any such determination by 
the Administrator and the Attorney General shall not be subject to 
judicial review.
    (2)(A) An administrative penalty assessed under paragraph (1) shall 
be assessed by the Administrator by an order made after opportunity for 
a hearing on the record in accordance with sections 554 and 556 of title 
5. The Administrator shall issue reasonable rules for discovery and 
other procedures for hearings under this paragraph. Before issuing such 
an order, the Administrator shall give written notice to the person to 
be assessed an administrative penalty of the Administrator's proposal to 
issue such order and provide such person an opportunity to request such 
a hearing on the order, within 30 days of the date the notice is 
received by such person.
    (B) The Administrator may compromise, modify, or remit, with or 
without conditions, any administrative penalty which may be imposed 
under this subsection.
    (3) The Administrator may implement, after consultation with the 
Attorney General and the States, a field citation program through 
regulations establishing appropriate minor violations for which field 
citations assessing civil penalties not to exceed $5,000 per day of 
violation may be issued by officers or employees designated by the 
Administrator. Any person to whom a field citation is assessed may, 
within a reasonable time as prescribed by the Administrator through 
regulation, elect to pay the penalty assessment or to request a hearing 
on the field citation. If a request for a hearing is not made within the 
time specified in the regulation, the penalty assessment in the field 
citation shall be final. Such hearing shall not be subject to section 
554 or 556 of title 5, but shall provide a reasonable opportunity to be 
heard and to present evidence. Payment of a civil penalty required by a 
field citation shall not be a defense to further enforcement by the 
United States or a State to correct a violation, or to assess the 
statutory maximum penalty pursuant to other authorities in the chapter, 
if the violation continues.
    (4) Any person against whom a civil penalty is assessed under 
paragraph (3) of this subsection or to whom an administrative penalty 
order is issued under paragraph (1) of this subsection may seek review 
of such assessment in the United States District Court for the District 
of Columbia or for the district in which the violation is alleged to 
have occurred, in which such person resides, or where such person's 
principal place of business is located, by filing in such court within 
30 days following the date the administrative penalty order becomes 
final under paragraph (2), the assessment becomes final under paragraph 
(3), or a final decision following a hearing under paragraph (3) is 
rendered, and by simultaneously sending a copy of the filing by 
certified mail to the Administrator and the Attorney General. Within 30 
days thereafter, the Administrator shall file in such court a certified 
copy, or certified index, as appropriate, of the record on which the 
administrative penalty order or assessment was issued. Such court shall 
not set aside or remand such order or assessment unless there is not 
substantial evidence in the record, taken as a whole, to support the 
finding of a violation or unless the order or penalty assessment 
constitutes an abuse of discretion. Such order or penalty assessment 
shall not be subject to review by any court except as provided in this 
paragraph. In any such proceedings, the United States may seek to 
recover civil penalties ordered or assessed under this section.
    (5) If any person fails to pay an assessment of a civil penalty or 
fails to comply with an administrative penalty order--
        (A) after the order or assessment has become final, or
        (B) after a court in an action brought under paragraph (4) has 
    entered a final judgment in favor of the Administrator,

the Administrator shall request the Attorney General to bring a civil 
action in an appropriate district court to enforce the order or to 
recover the amount ordered or assessed (plus interest at rates 
established pursuant to section 6621(a)(2) of title 26 from the date of 
the final order or decision or the date of the final judgment, as the 
case may be). In such an action, the validity, amount, and 
appropriateness of such order or assessment shall not be subject to 
review. Any person who fails to pay on a timely basis a civil penalty 
ordered or assessed under this section shall be required to pay, in 
addition to such penalty and interest, the United States enforcement 
expenses, including but not limited to attorneys fees and costs incurred 
by the United States for collection proceedings and a quarterly 
nonpayment penalty for each quarter during which such failure to pay 
persists. Such nonpayment penalty shall be 10 percent of the aggregate 
amount of such person's outstanding penalties and nonpayment penalties 
accrued as of the beginning of such quarter.

(e) Penalty assessment criteria

    (1) In determining the amount of any penalty to be assessed under 
this section or section 7604(a) of this title, the Administrator or the 
court, as appropriate, shall take into consideration (in addition to 
such other factors as justice may require) the size of the business, the 
economic impact of the penalty on the business, the violator's full 
compliance history and good faith efforts to comply, the duration of the 
violation as established by any credible evidence (including evidence 
other than the applicable test method), payment by the violator of 
penalties previously assessed for the same violation, the economic 
benefit of noncompliance, and the seriousness of the violation. The 
court shall not assess penalties for noncompliance with administrative 
subpoenas under section 7607(a) of this title, or actions under section 
7414 of this title, where the violator had sufficient cause to violate 
or fail or refuse to comply with such subpoena or action.
    (2) A penalty may be assessed for each day of violation. For 
purposes of determining the number of days of violation for which a 
penalty may be assessed under subsection (b) or (d)(1) of this section, 
or section 7604(a) of this title, or an assessment may be made under 
section 7420 of this title, where the Administrator or an air pollution 
control agency has notified the source of the violation, and the 
plaintiff makes a prima facie showing that the conduct or events giving 
rise to the violation are likely to have continued or recurred past the 
date of notice, the days of violation shall be presumed to include the 
date of such notice and each and every day thereafter until the violator 
establishes that continuous compliance has been achieved, except to the 
extent that the violator can prove by a preponderance of the evidence 
that there were intervening days during which no violation occurred or 
that the violation was not continuing in nature.

(f) Awards

    The Administrator may pay an award, not to exceed $10,000, to any 
person who furnishes information or services which lead to a criminal 
conviction or a judicial or administrative civil penalty for any 
violation of this subchapter or subchapter III, IV-A, V, or VI of this 
chapter enforced under this section. Such payment is subject to 
available appropriations for such purposes as provided in annual 
appropriation Acts. Any officer, or employee of the United States or any 
State or local government who furnishes information or renders service 
in the performance of an official duty is ineligible for payment under 
this subsection. The Administrator may, by regulation, prescribe 
additional criteria for eligibility for such an award.

(g) Settlements; public participation

    At least 30 days before a consent order or settlement agreement of 
any kind under this chapter to which the United States is a party (other 
than enforcement actions under this section, section 7420 of this title, 
or subchapter II of this chapter, whether or not involving civil or 
criminal penalties, or judgments subject to Department of Justice policy 
on public participation) is final or filed with a court, the 
Administrator shall provide a reasonable opportunity by notice in the 
Federal Register to persons who are not named as parties or intervenors 
to the action or matter to comment in writing. The Administrator or the 
Attorney General, as appropriate, shall promptly consider any such 
written comments and may withdraw or withhold his consent to the 
proposed order or agreement if the comments disclose facts or 
considerations which indicate that such consent is inappropriate, 
improper, inadequate, or inconsistent with the requirements of this 
chapter. Nothing in this subsection shall apply to civil or criminal 
penalties under this chapter.

(h) Operator

    For purposes of the provisions of this section and section 7420 of 
this title, the term ``operator'', as used in such provisions, shall 
include any person who is senior management personnel or a corporate 
officer. Except in the case of knowing and willful violations, such term 
shall not include any person who is a stationary engineer or technician 
responsible for the operation, maintenance, repair, or monitoring of 
equipment and facilities and who often has supervisory and training 
duties but who is not senior management personnel or a corporate 
officer. Except in the case of knowing and willful violations, for 
purposes of subsection (c)(4) of this section, the term ``a person'' 
shall not include an employee who is carrying out his normal activities 
and who is not a part of senior management personnel or a corporate 
officer. Except in the case of knowing and willful violations, for 
purposes of paragraphs (1), (2), (3), and (5) of subsection (c) of this 
section the term ``a person'' shall not include an employee who is 
carrying out his normal activities and who is acting under orders from 
the employer.

(July 14, 1955, ch. 360, title I, Sec. 113, as added Pub. L. 91-604, 
Sec. 4(a), Dec. 31, 1970, 84 Stat. 1686; amended Pub. L. 92-157, title 
III, Sec. 302(b), (c), Nov. 18, 1971, 85 Stat. 464; Pub. L. 93-319, 
Sec. 6(a)(1)-(3), June 22, 1974, 88 Stat. 259; Pub. L. 95-95, title I, 
Secs. 111, 112(a), Aug. 7, 1977, 91 Stat. 704, 705; Pub. L. 95-190, 
Sec. 14(a)(10)-(21), (b)(1), Nov. 16, 1977, 91 Stat. 1400, 1404; Pub. L. 
97-23, Sec. 2, July 17, 1981, 95 Stat. 139; Pub. L. 101-549, title VII, 
Sec. 701, Nov. 15, 1990, 104 Stat. 2672.)

                          Codification

    Section was formerly classified to section 1857c-8 of this title.


                               Amendments

    1990--Pub. L. 101-549 amended section generally, substituting 
present provisions for provisions which related to: in subsec. (a), 
finding of violation, notice, compliance order, civil action, State 
failure to enforce plan, and construction or modification of major 
stationary sources; in subsec. (b), violations by owners or operators of 
major stationary sources; in subsec. (c), penalties; in subsec. (d), 
final compliance orders; and in subsec. (e), steel industry compliance 
extension.
    1981--Subsec. (e). Pub. L. 97-23 added subsec. (e).
    1977--Subsec. (a)(5). Pub. L. 95-95, Sec. 111(a), added par. (5).
    Subsec. (b). Pub. L. 95-95, Sec. 111(b), (c), substituted ``shall, 
in the case of any person which is the owner or operator of a major 
stationary source, and may, in the case of any other person, commence a 
civil action for a permanent or temporary injunction, or to assess and 
recover a civil penalty of not more than $25,000 per day of violation, 
or both, whenever such person'' for ``may commence a civil action for 
appropriate relief, including a permanent or temporary injunction, 
whenever any person'' in provisions preceding par. (1), inserted 
references to subsec. (d)(5) of this section, sections 7419 and 7620 of 
this title, and regulations under part in par. (3), inserted reference 
to subsec. (d) of this section in par. (4), added par. (5), and, in 
provisions following par. (5), authorized the commencement of civil 
actions to recover noncompliance penalties and nonpayment penalties 
under section 7420 of this title, expanded jurisdictional provisions to 
authorize actions in districts in which the violation occurred and to 
authorize the district court to restrain violations, to require 
compliance, to assess civil penalties, and to collect penalties under 
section 7420 of this title, enumerated factors to be taken into 
consideration in determining the amount of civil penalties, and 
authorized awarding of costs to the party or parties against whom the 
action was brought in cases where the court finds that the action was 
unreasonable.
    Subsec. (b)(3). Pub. L. 95-190, Sec. 14(a)(10), (11), inserted 
``or'' after ``ozone);'', and substituted ``7624'' for ``7620'', 
``conversion), section'' for ``conversion) section'', and ``orders), 
or'' for ``orders) or''.
    Subsec. (c)(1). Pub. L. 95-95, Sec. 111(d)(1), (2), substituted 
``any order issued under section 7419 of this title or under subsection 
(a) or (d) of this section'' for ``any order issued by the Administrator 
under subsection (a) of this section'' in subpar. (B), struck out 
reference to section 119(g) (as in effect before the date of the 
enactment of Pub. L. 95-95) in subpar. (C), and added subpar. (D).
    Subsec. (c)(1)(B). Pub. L. 95-190, Sec. 14(a)(12), inserted ``or'' 
after ``section,''.
    Subsec. (c)(1)(D). Pub. L. 95-190, Sec. 14(a)(13), substituted 
``1977 subsection'' for ``1977) subsection'' and ``penalties), or'' for 
``penalties) or''.
    Subsec. (c)(3). Pub. L. 95-95, Sec. 111(d)(3), added par. (3).
    Subsec. (d). Pub. L. 95-95, Sec. 112(a), added subsec. (d).
    Subsec. (d)(1). Pub. L. 95-190, Sec. 14(a)(14), substituted ``to any 
stationary source which is unable to comply with any requirement of an 
applicable implementation plan an order'' for ``an order for any 
stationary source'' and ``such requirement'' for ``any requirement of an 
applicable implementation plan''.
    Subsec. (d)(1)(E). Pub. L. 95-190, Sec. 14(a)(15), inserted 
provision relating to exemption under section 7420(a)(2)(B) or (C) of 
this title, provision relating to noncompliance penalties effective July 
1, 1979, and reference to subsec. (b)(3) or (g) of section 7420 of this 
title.
    Subsec. (d)(2). Pub. L. 95-190, Sec. 14(a)(16), inserted provisions 
relating to determinations by the Administrator of compliance with 
requirements of this chapter of State orders issued under this 
subsection.
    Subsec. (d)(4)(A). Pub. L. 95-190, Sec. 14(a)(17), substituted 
``title) upon'' for ``title upon''.
    Subsec. (d)(5)(A). Pub. L. 95-190, Sec. 14(a)(18), substituted ``an 
additional period for'' for ``an additional period of''.
    Subsec. (d)(8). Pub. L. 95-190, Sec. 14(a)(19), struck out reference 
to par. (3) of this subsection.
    Subsec. (d)(10). Pub. L. 95-190, Sec. 14(a)(20), substituted ``in 
effect'' for ``issued'', ``Federal'' for ``other'', and ``and no action 
under'' for ``or''.
    Subsec. (d)(11). Pub. L. 95-190, Sec. 14(a)(21), substituted ``and 
in effect'' for ``(and approved by the Administrator)''.
    1974--Subsec. (a)(3). Pub. L. 93-319, Sec. 6(a)(1), inserted 
reference to section 1857c-10(g) of this title (relating to energy-
related authorities).
    Subsecs. (b)(3), (c)(1)(C). Pub. L. 93-319, Sec. 6(a)(2), (3), 
inserted reference to section 1857c-10(g) of this title.
    1971--Subsec. (b)(2). Pub. L. 92-157, Sec. 302(b), inserted ``(A)'' 
before ``during'' and ``, or (B)'' after ``assumed enforcement''.
    Subsec. (c)(1)(A). Pub. L. 92-157, Sec. 302(c), inserted ``(i)'' 
before ``during'' and ``, or (ii)'' after ``assumed enforcement''.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as 
otherwise expressly provided, see section 406(d) of Pub. L. 95-95, set 
out as a note under section 7401 of this title.


                     Pending Actions and Proceedings

    Suits, actions, and other proceedings lawfully commenced by or 
against the Administrator or any other officer or employee of the United 
States in his official capacity or in relation to the discharge of his 
official duties under act July 14, 1955, the Clean Air Act, as in effect 
immediately prior to the enactment of Pub. L. 95-95 [Aug. 7, 1977], not 
to abate by reason of the taking effect of Pub. L. 95-95, see section 
406(a) of Pub. L. 95-95, set out as an Effective Date of 1977 Amendment 
note under section 7401 of this title.


       Modification or Rescission of Rules, Regulations, Orders, 
Determinations, Contracts, Certifications, Authorizations, Delegations, 
                            and Other Actions

    All rules, regulations, orders, determinations, contracts, 
certifications, authorizations, delegations, or other actions duly 
issued, made, or taken by or pursuant to act July 14, 1955, the Clean 
Air Act, as in effect immediately prior to the date of enactment of Pub. 
L. 95-95 [Aug. 7, 1977] to continue in full force and effect until 
modified or rescinded in accordance with act July 14, 1955, as amended 
by Pub. L. 95-95 [this chapter], see section 406(b) of Pub. L. 95-95, 
set out as an Effective Date of 1977 Amendment note under section 7401 
of this title.

                          Transfer of Functions

    Federal Power Commission terminated and its functions, personnel, 
property, funds, etc., transferred to Secretary of Energy (except for 
certain functions transferred to Federal Energy Regulatory Commission) 
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 7407, 7410, 7411, 7412, 
7414, 7419, 7420, 7421, 7425, 7426, 7429, 7604, 7606, 7607, 7627, 7651g, 
7651j, 9606 of this title; title 15 section 792.