42 U.S.C. § 7523 — Actions to restrain violations

Page 7326 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7523 Subsec. (a)(3). Pub. L. 101–549, § 228(b)(1), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘(A) for any person to remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this subchapter prior to its sale and delivery to the ultimate purchaser, or for any man- ufacturer or dealer knowingly to remove or render in- operative any such device or element of design after such sale and delivery to the ultimate purchaser; or ‘‘(B) for any person engaged in the business of repair- ing, servicing, selling, leasing, or trading motor vehi- cles or motor vehicle engines, or who operates a fleet of motor vehicles, knowingly to remove or render inop- erative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compli- ance with regulations under this subchapter following its sale and delivery to the ultimate purchaser; or’’. Subsec. (a)(4). Pub. L. 101–549, § 228(e)(2), inserted ‘‘or part C’’ after ‘‘section 7521 of this title’’. Subsec. (a)(4)(A). Pub. L. 101–549, § 228(e)(3), inserted cl. (i) designation and added cl. (ii). Subsec. (a)(4)(B). Pub. L. 101–549, § 228(e)(4), inserted at end ‘‘or the corresponding requirements of part C in the case of clean fuel vehicles’’. Subsec. (a)(4)(C). Pub. L. 101–549, § 228(e)(5), inserted ‘‘and the corresponding requirements of part C in the case of clean fuel vehicles’’ after ‘‘section 7541 of this title’’. Subsec. (a)(4)(D). Pub. L. 101–549, § 228(e)(6), inserted ‘‘or the corresponding requirements of part C in the case of clean fuel vehicles’’ before ‘‘with respect to any vehicle’’. Subsec. (a)(5). Pub. L. 101–549, § 228(e)(7), added par. (5). Subsec. (c). Pub. L. 101–549, § 230(6), struck out subsec. (c) which related to exemptions to permit modifica- tions of emission control devices or systems. 1977—Subsec. (a). Pub. L. 95–190, § 14(a)(68), in closing text inserted a period after ‘‘section 7549 of this title’’. Pub. L. 95–95, §§ 206, 211(a), 218(a), 219(a), (b), inserted ‘‘or for any person to fail or refuse to permit entry, testing, or inspection authorized under section 7525(c) of this title’’ in par. (2), designated existing provisions of par. (3) as subpar. (A) and added subpar. (B), added subpars. (C) and (D) in par. (4), and, following par. (4), inserted provisions that no action with respect to any element of design referred to in par. (3) (including ad- justment or alteration of such element) be treated as a prohibited act under par. (3) if the action is in accord- ance with section 7549 of this title and that nothing in par. (3) be construed to require the use of manufacturer parts in maintaining or repairing motor vehicles or motor vehicle engines. Subsec. (a)(3)(B). Pub. L. 95–190, § 14(a)(66), substituted ‘‘purchaser;’’ for ‘‘purchaser,’’. Subsec. (a)(4)(C). Pub. L. 95–190, § 14(a)(67), inserted ‘‘or’’ after ‘‘such person,’’. Subsec. (b)(3). Pub. L. 95–95, § 218(d), substituted ‘‘sec- tion 7521 of this title’’ for ‘‘subsection (a)’’ and ‘‘coun- try which is to receive such vehicle or engine’’ for ‘‘country of export’’. 1970—Subsec. (a)(1). Pub. L. 91–604, § 7(a)(1), struck out reference to the manufacture of new motor vehicles or new motor vehicle engines for sale, inserted provision for issuance by the Administrator of regulations re- garding exceptions in the case of importation of new motor vehicles or new motor vehicle engines, and sub- stituted ‘‘importation’’ into the United States of such units for ‘‘importation for sale or resale’’ into the United States of such units. Subsec. (a)(2). Pub. L. 91–604, § 7(a)(2), substituted ‘‘section 208’’ for ‘‘section 207’’, both of which, for pur- poses of codification, are translated as ‘‘section 7542 of this title’’. Subsec. (a)(3). Pub. L. 91–604, §§ 7(a)(3), 11(a)(2)(A), sub- stituted ‘‘part’’ for ‘‘subchapter’’ and inserted provi- sions prohibiting the knowing removal or inoperation by manufacturers or dealers of devices or elements of design after sale and delivery to the ultimate pur- chaser. Subsec. (a)(4). Pub. L. 91–604, § 7(a)(4), added par. (4). Subsec. (b)(1). Pub. L. 91–604, §§ 7(a)(5), 15(c)(2), struck out reference to the exemption of a class of new motor vehicles or new motor vehicle engines, struck out the protection of the public health and welfare from the enumeration of purposes for which exemptions may be made, and substituted ‘‘Administrator’’ for ‘‘Sec- retary’’. Subsec. (b)(2). Pub. L. 91–604, §§ 7(a)(6), 11(a)(2)(A), 15(c)(2), substituted ‘‘Administrator’’ for ‘‘Secretary of Health, Education, and Welfare’’, ‘‘importation or im- ported by any person’’ for ‘‘importation by a manufac- turer’’, and ‘‘part’’ for ‘‘subchapter’’. Subsec. (b)(3). Pub. L. 91–604, § 7(a)(7)(A), inserted pro- vision that, if the country of export has emission standards which differ from the standards prescribed under subsec. (a), such vehicle or engine must comply with the standards of such country of export. Subsec. (c). Pub. L. 91–604, § 7(a)(7)(B), added subsec. (c). 1967—Subsec. (a). Pub. L. 90–148 substituted ‘‘con- formity with regulations prescribed under this sub- chapter’’ for ‘‘conformity with regulations prescribed under section 7521 of this title’’ in par. (1). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title. MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant 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. § 7523. Actions to restrain violations (a) Jurisdiction The district courts of the United States shall have jurisdiction to restrain violations of sec- tion 7522(a) of this title. (b) Actions brought by or in name of United States; subpenas Actions to restrain such violations shall be brought by and in the name of the United States. In any such action, subpenas for wit- nesses who are required to attend a district court in any district may run into any other dis- trict. (July 14, 1955, ch. 360, title II, § 204, as added Pub. L. 89–272, title I, § 101(8), Oct. 20, 1965, 79 Stat. 994; amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 500; Pub. L. 91–604, § 7(b), Dec. 31, 1970, 84 Stat. 1694; Pub. L. 95–95, title II, § 218(b), Aug. 7, 1977, 91 Stat. 761.) Editorial Notes CODIFICATION Section was formerly classified to section 1857f–3 of this title. Page 7327 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7524 1 So in original. Probably should be ‘‘section’’. AMENDMENTS 1977—Subsec. (a). Pub. L. 95–95 struck out ‘‘paragraph (1), (2), (3), or (4)’’ after ‘‘restrain violations of’’. 1970—Subsec. (a). Pub. L. 91–604 inserted reference to par. (4) of section 7522(a) of this title. 1967—Pub. L. 90–148 reenacted section without change. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept 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 com- menced 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. § 7524. Civil penalties (a) Violations Any person who violates sections 1 7522(a)(1), 7522(a)(4), or 7522(a)(5) of this title or any manu- facturer or dealer who violates section 7522(a)(3)(A) of this title shall be subject to a civil penalty of not more than $25,000. Any per- son other than a manufacturer or dealer who violates section 7522(a)(3)(A) of this title or any person who violates section 7522(a)(3)(B) of this title shall be subject to a civil penalty of not more than $2,500. Any such violation with re- spect to paragraph (1), (3)(A), or (4) of section 7522(a) of this title shall constitute a separate offense with respect to each motor vehicle or motor vehicle engine. Any such violation with respect to section 7522(a)(3)(B) of this title shall constitute a separate offense with respect to each part or component. Any person who vio- lates section 7522(a)(2) of this title shall be sub- ject to a civil penalty of not more than $25,000 per day of violation. (b) Civil actions The Administrator may commence a civil ac- tion to assess and recover any civil penalty under subsection (a) of this section, section 7545(d) of this title, or section 7547(d) of this title. 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 in which the defend- ant resides or has the Administrator’s principal place of business, and the court shall have juris- diction to assess a civil penalty. In determining the amount of any civil penalty to be assessed under this subsection, the court shall take into account the gravity of the violation, the eco- nomic benefit or savings (if any) resulting from the violation, the size of the violator’s business, the violator’s history of compliance with this subchapter, action taken to remedy the viola- tion, the effect of the penalty on the violator’s ability to continue in business, and such other matters as justice may require. In any such ac- tion, subpoenas for witnesses who are required to attend a district court in any district may run into any other district. (c) Administrative assessment of certain pen- alties (1) Administrative penalty authority In lieu of commencing a civil action under subsection (b), the Administrator may assess any civil penalty prescribed in subsection (a) of this section, section 7545(d) of this title, or section 7547(d) of this title, except that the maximum amount of penalty sought against each violator in a penalty assessment pro- ceeding shall not exceed $200,000, unless the Administrator and the Attorney General joint- ly determine that a matter involving a larger penalty amount is appropriate for administra- tive penalty assessment. Any such determina- tion by the Administrator and the Attorney General shall not be subject to judicial review. Assessment of a civil penalty under this sub- section shall be by an order made on the record after opportunity for a hearing in ac- cordance with sections 554 and 556 of title 5. The Administrator shall issue reasonable rules for discovery and other procedures for hear- ings under this paragraph. Before issuing such an order, the Administrator shall give written notice to the person to be assessed an adminis- trative penalty of the Administrator’s pro- posal to issue such order and provide such per- son an opportunity to request such a hearing on the order, within 30 days of the date the no- tice is received by such person. The Adminis- trator may compromise, or remit, with or without conditions, any administrative pen- alty which may be imposed under this section. (2) Determining amount In determining the amount of any civil pen- alty assessed under this subsection, the Ad- ministrator shall take into account the grav- ity of the violation, the economic benefit or savings (if any) resulting from the violation, the size of the violator’s business, the viola- tor’s history of compliance with this sub- chapter, action taken to remedy the violation, the effect of the penalty on the violator’s abil- ity to continue in business, and such other matters as justice may require. (3) Effect of Administrator’s action (A) Action by the Administrator under this subsection shall not affect or limit the Admin- istrator’s authority to enforce any provision of this chapter; except that any violation, (i) with respect to which the Adminis- trator has commenced and is diligently pros- ecuting an action under this subsection, or (ii) for which the Administrator has issued a final order not subject to further judicial review and the violator has paid a penalty assessment under this subsection, shall not be the subject of civil penalty action under subsection (b). (B) No action by the Administrator under this subsection shall affect any person’s obli-