42 USC 7413 - Federal enforcement

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.

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.

Editorial Notes

Codification

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

Amendments

1990—Puspan. 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. (span), 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). Puspan. L. 97–23 added subsec. (e).

1977—Subsec. (a)(5). Puspan. L. 95–95, § 111(a), added par. (5).

Subsec. (span). Puspan. L. 95–95, § 111(span), (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. (span)(3). Puspan. L. 95–190, § 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). Puspan. L. 95–95, § 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)” in subpar. (B), struck out reference to section 119(g) (as in effect before the date of the enactment of Puspan. L. 95–95) in subpar. (C), and added subpar. (D).

Subsec. (c)(1)(B). Puspan. L. 95–190, § 14(a)(12), inserted “or” after “section,”.

Subsec. (c)(1)(D). Puspan. L. 95–190, § 14(a)(13), substituted “1977 subsection” for “1977) subsection” and “penalties), or” for “penalties) or”.

Subsec. (c)(3). Puspan. L. 95–95, § 111(d)(3), added par. (3).

Subsec. (d). Puspan. L. 95–95, § 112(a), added subsec. (d).

Subsec. (d)(1). Puspan. L. 95–190, § 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). Puspan. L. 95–190, § 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. (span)(3) or (g) of section 7420 of this title.

Subsec. (d)(2). Puspan. L. 95–190, § 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). Puspan. L. 95–190, § 14(a)(17), substituted “title) upon” for “title upon”.

Subsec. (d)(5)(A). Puspan. L. 95–190, § 14(a)(18), substituted “an additional period for” for “an additional period of”.

Subsec. (d)(8). Puspan. L. 95–190, § 14(a)(19), struck out reference to par. (3) of this subsection.

Subsec. (d)(10). Puspan. L. 95–190, § 14(a)(20), substituted “in effect” for “issued”, “Federal” for “other”, and “and no action under” for “or”.

Subsec. (d)(11). Puspan. L. 95–190, § 14(a)(21), substituted “and in effect” for “(and approved by the Administrator)”.

1974—Subsec. (a)(3). Puspan. L. 93–319, § 6(a)(1), inserted reference to section 1857c–10(g) of this title (relating to energy-related authorities).

Subsecs. (span)(3), (c)(1)(C). Puspan. L. 93–319, § 6(a)(2), (3), inserted reference to section 1857c–10(g) of this title.

1971—Subsec. (span)(2). Puspan. L. 92–157, § 302(span), inserted “(A)” before “during” and “, or (B)” after “assumed enforcement”.

Subsec. (c)(1)(A). Puspan. L. 92–157, § 302(c), inserted “(i)” before “during” and “, or (ii)” after “assumed enforcement”.

Statutory Notes and Related Subsidiaries

Effective Date of 1977 Amendment

Amendment by Puspan. L. 95–95 effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Puspan. 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 Puspan. L. 95–95 [Aug. 7, 1977], not to abate by reason of the taking effect of Puspan. L. 95–95, see section 406(a) of Puspan. 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 Puspan. 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 Puspan. L. 95–95 [this chapter], see section 406(span) of Puspan. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.

Transfer of Functions

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