All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
1 Prosecution
in June 2014
14 Prosecutions
in Fiscal Year 2014
Conviction Report
Not Available
30 Convictions
in Fiscal Year 2014

CITE

    42 USC Sec. 7413                                            01/08/2008

EXPCITE

    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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