Notes on 42 U.S.C. § 7413 : US Code - Notes
Search Notes on 42 U.S.C. § 7413 : US Code - Notes
(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.
(!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.