42 U.S.C. § 7603 — Emergency powers

Page 7386 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7603 (q) For purposes of this chapter, the term ‘‘ap- plicable implementation plan’’ means the por- tion (or portions) of the implementation plan, or most recent revision thereof, which has been ap- proved under section 7410 of this title, or pro- mulgated under section 7410(c) of this title, or promulgated or approved pursuant to regula- tions promulgated under section 7601(d) of this title and which implements the relevant re- quirements of this chapter. (r) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village, which is Federally recog- nized as eligible for the special programs and services provided by the United States to Indi- ans because of their status as Indians. (s) VOC.—The term ‘‘VOC’’ means volatile or- ganic compound, as defined by the Adminis- trator. (t) PM–10.—The term ‘‘PM–10’’ means particu- late matter with an aerodynamic diameter less than or equal to a nominal ten micrometers, as measured by such method as the Administrator may determine. (u) NAAQS AND CTG.—The term ‘‘NAAQS’’ means national ambient air quality standard. The term ‘‘CTG’’ means a Control Technique Guideline published by the Administrator under section 7408 of this title. (v) NOx.—The term ‘‘NOx’’ means oxides of ni- trogen. (w) CO.—The term ‘‘CO’’ means carbon mon- oxide. (x) SMALL SOURCE.—The term ‘‘small source’’ means a source that emits less than 100 tons of regulated pollutants per year, or any class of persons that the Administrator determines, through regulation, generally lack technical ability or knowledge regarding control of air pollution. (y) FEDERAL IMPLEMENTATION PLAN.—The term ‘‘Federal implementation plan’’ means a plan (or portion thereof) promulgated by the Ad- ministrator to fill all or a portion of a gap or otherwise correct all or a portion of an inad- equacy in a State implementation plan, and which includes enforceable emission limitations or other control measures, means or techniques (including economic incentives, such as market- able permits or auctions of emissions allow- ances), and provides for attainment of the rel- evant national ambient air quality standard. (z) STATIONARY SOURCE.—The term ‘‘sta- tionary source’’ means generally any source of an air pollutant except those emissions result- ing directly from an internal combustion engine for transportation purposes or from a nonroad engine or nonroad vehicle as defined in section 7550 of this title. (July 14, 1955, ch. 360, title III, § 302, formerly § 9, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 400, renumbered Pub. L. 89–272, title I, § 101(4), Oct. 20, 1965, 79 Stat. 992; amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 504; Pub. L. 91–604, § 15(a)(1), (c)(1), Dec. 31, 1970, 84 Stat. 1710, 1713; Pub. L. 95–95, title II, § 218(c), title III, § 301, Aug. 7, 1977, 91 Stat. 761, 769; Pub. L. 95–190, § 14(a)(76), Nov. 16, 1977, 91 Stat. 1404; Pub. L. 101–549, title I, §§ 101(d)(4), 107(a), (b), 108(j), 109(b), title III, § 302(e), title VII, § 709, Nov. 15, 1990, 104 Stat. 2409, 2464, 2468, 2470, 2574, 2684.) Editorial Notes CODIFICATION Section was formerly classified to section 1857h of this title. PRIOR PROVISIONS Provisions similar to those in subsecs. (b) and (d) of this section were contained in a section 1857e of this title, act July 14, 1955, ch. 360, § 6, 69 Stat. 323, prior to the general amendment of this chapter by Pub. L. 88–206. AMENDMENTS 1990—Subsec. (b)(1) to (3). Pub. L. 101–549, § 107(a)(1), (2), struck out ‘‘or’’ at end of par. (3) and substituted periods for semicolons at end of pars. (1) to (3). Subsec. (b)(5). Pub. L. 101–549, § 107(a)(3), added par. (5). Subsec. (g). Pub. L. 101–549, § 108(j)(2), inserted at end ‘‘Such term includes any precursors to the formation of any air pollutant, to the extent the Administrator has identified such precursor or precursors for the par- ticular purpose for which the term ‘air pollutant’ is used.’’ Subsec. (h). Pub. L. 101–549, § 109(b), inserted before period at end ‘‘, whether caused by transformation, conversion, or combination with other air pollutants’’. Subsec. (k). Pub. L. 101–549, § 303(e), inserted before period at end ‘‘, and any design, equipment, work prac- tice or operational standard promulgated under this chapter.’’ Subsec. (q). Pub. L. 101–549, § 101(d)(4), added subsec. (q). Subsec. (r). Pub. L. 101–549, § 107(b), added subsec. (r). Subsecs. (s) to (y). Pub. L. 101–549, § 108(j)(1), added subsecs. (s) to (y). Subsec. (z). Pub. L. 101–549, § 709, added subsec. (z). 1977—Subsec. (d). Pub. L. 95–95, § 218(c), inserted ‘‘and includes the Commonwealth of the Northern Mariana Islands’’ after ‘‘American Samoa’’. Subsec. (e). Pub. L. 95–190 substituted ‘‘individual, corporation’’ for ‘‘individual corporation’’. Pub. L. 95–95, § 301(b), expanded definition of ‘‘person’’ to include agencies, departments, and instrumental- ities of the United States and officers, agents, and em- ployees thereof. Subsec. (g). Pub. L. 95–95, § 301(c), expanded definition of ‘‘air pollutant’’ so as, expressly, to include physical, chemical, biological, and radioactive substances or matter emitted into or otherwise entering the ambient air. Subsecs. (i) to (p). Pub. L. 95–95, § 301(a), added sub- secs. (i) to (p). 1970—Subsec. (a). Pub. L. 91–604, § 15(c)(1), substituted definition of ‘‘Administrator’’ as meaning Adminis- trator of the Environmental Protection Agency for def- inition of ‘‘Secretary’’ as meaning Secretary of Health, Education, and Welfare. Subsecs. (g), (h). Pub. L. 91–604, § 15(a)(1), added sub- sec. (g) defining ‘‘air pollutant’’, redesignated former subsec. (g) as (h) and substituted references to effects on soil, water, crops, vegetation, manmade materials, animals, wildlife, weather, visibility, and climate for references to injury to agricultural crops and livestock, and inserted references to effects on economic values and on personal comfort and well being. 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. § 7603. Emergency powers Notwithstanding any other provision of this chapter, the Administrator, upon receipt of evi- Page 7387 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7604 dence that a pollution source or combination of sources (including moving sources) is presenting an imminent and substantial endangerment to public health or welfare, or the environment, may bring suit on behalf of the United States in the appropriate United States district court to immediately restrain any person causing or con- tributing to the alleged pollution to stop the emission of air pollutants causing or contrib- uting to such pollution or to take such other ac- tion as may be necessary. If it is not practicable to assure prompt protection of public health or welfare or the environment by commencement of such a civil action, the Administrator may issue such orders as may be necessary to protect public health or welfare or the environment. Prior to taking any action under this section, the Administrator shall consult with appro- priate State and local authorities and attempt to confirm the accuracy of the information on which the action proposed to be taken is based. Any order issued by the Administrator under this section shall be effective upon issuance and shall remain in effect for a period of not more than 60 days, unless the Administrator brings an action pursuant to the first sentence of this sec- tion before the expiration of that period. When- ever the Administrator brings such an action within the 60-day period, such order shall re- main in effect for an additional 14 days or for such longer period as may be authorized by the court in which such action is brought. (July 14, 1955, ch. 360, title III, § 303, as added Pub. L. 91–604, § 12(a), Dec. 31, 1970, 84 Stat. 1705; amended Pub. L. 95–95, title III, § 302(a), Aug. 7, 1977, 91 Stat. 770; Pub. L. 101–549, title VII, § 704, Nov. 15, 1990, 104 Stat. 2681.) Editorial Notes CODIFICATION Section was formerly classified to section 1857h–1 of this title. PRIOR PROVISIONS A prior section 303 of act July 14, 1955, was renum- bered section 310 by Pub. L. 91–604 and is classified to section 7610 of this title. AMENDMENTS 1990—Pub. L. 101–549, § 704(2)–(5), struck out subsec. (a) designation before ‘‘Notwithstanding any other’’, struck out subsec. (b) which related to violation of or failure or refusal to comply with subsec. (a) orders, and substituted new provisions for provisions following first sentence which read as follows: ‘‘If it is not prac- ticable to assure prompt protection of the health of persons solely by commencement of such a civil action, the Administrator may issue such orders as may be necessary to protect the health of persons who are, or may be, affected by such pollution source (or sources). Prior to taking any action under this section, the Ad- ministrator shall consult with the State and local au- thorities in order to confirm the correctness of the in- formation on which the action proposed to be taken is based and to ascertain the action which such authori- ties are, or will be, taking. Such order shall be effective for a period of not more than twenty-four hours unless the Administrator brings an action under the first sen- tence of this subsection before the expiration of such period. Whenever the Administrator brings such an ac- tion within such period, such order shall be effective for a period of forty-eight hours or such longer period as may be authorized by the court pending litigation or thereafter.’’ Pub. L. 101–549, § 704(1), which directed that ‘‘public health or welfare, or the environment’’ be substituted for ‘‘the health of persons and that appropriate State or local authorities have not acted to abate such sources’’, was executed by making the substitution for ‘‘the health of persons, and that appropriate State or local authorities have not acted to abate such sources’’ to reflect the probable intent of Congress. 1977—Pub. L. 95–95 designated existing provisions as subsec. (a), inserted provisions that, if it is not prac- ticable to assure prompt protection of the health of persons solely by commencement of a civil action, the Administrator may issue such orders as may be nec- essary to protect the health of persons who are, or may be, affected by such pollution source (or sources), that, prior to taking any action under this section, the Ad- ministrator consult with the State and local authori- ties in order to confirm the correctness of the informa- tion on which the action proposed to be taken is based and to ascertain the action which such authorities are, or will be, taking, that the order be effective for a pe- riod of not more than twenty-four hours unless the Ad- ministrator brings an action under the first sentence of this subsection before the expiration of such period, and that, whenever the Administrator brings such an action within such period, such order be effective for a period of forty-eight hours or such longer period as may be authorized by the court pending litigation or thereafter, and added subsec. (b). 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. 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. § 7604. Citizen suits (a) Authority to bring civil action; jurisdiction Except as provided in subsection (b), any per- son may commence a civil action on his own be- half— (1) against any person (including (i) the United States, and (ii) any other govern- mental instrumentality or agency to the ex- tent permitted by the Eleventh Amendment to the Constitution) who is alleged to have vio- lated (if there is evidence that the alleged vio-