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
HEAD
Sec. 7413. Federal enforcement
STATUTE
(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)
(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)
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,(!3) 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.
SOURCE
(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.
FOOTNOTE
(!1) So in original. The semicolon probably should be a comma.
(!2) So in original. Probably should be followed by a comma.
(!3) So in original. The comma probably should not appear.
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