§ 7609. Policy review

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Clean Air Amendments of 1970

   Pub. L. 91–604 § 12(a) · 84 Stat. 1676

   Enacted · 42 U.S.C. § 7609

   (July 14, 1955, ch. 360, title III, § 309, as added Pub. L. 91–604, § 12(a), Dec. 31, 1970, 84 Stat. 1709.)

   Source evidence

   Code source credit
   (July 14, 1955, ch. 360, title III, § 309, as added Pub. L. 91–604, § 12(a), Dec. 31, 1970, 84 Stat. 1709.)

   Enacted provision · exact public law section
   (a) The Clean Air Act is amended by redesignating sections 303 through 310 as sections 310 through 317, and by inserting after 81 Stat. 505. 42 USC 1857i–1857l. section 302 the following new sections: “Sec. 303. “emergency powers Notwithstanding any other provision of this Act, the Administrator, upon receipt of evidence that a pollution source or combination of sources (including moving sources) is presenting an imminent and substantial endangerment to the health of persons, and that appropriate State or local authorities have not acted to abate such sources, may bring suit on behalf of the United States in the appropriate United States district court to immediately restrain any person causing or contributing to the alleged pollution to stop the emission of air pollutants causing or contributing to such pollution or to take such other action as may be necessary. “Sec. 304. “citizen suits (a) Except as provided in subsection (b), any person may commence a civil action on his own behalf— “(1) against any person (including (i) the United States, and (ii) any other governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to the Constitution) who is alleged to be in violation of (A) an emission standard or limitation under this Act or (B) an order issued by the Administrator or a State with respect to such a standard or limitation, or “(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this Act which is not discretionary with the Administrator. Jurisdiction. The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such an emission standard or limitation, or such an order, or to order the Administrator to perform such act or duty, as the case may be. “(b) No action may be commenced— “(1) under subsection (a)(1)— “(A) prior to 60 days after the plaintiff has given notice of the violation (i) to the ‘Administrator, (ii) to the State in which the violation occurs, and (iii) to any alleged violator of the standard, limitation, or order, or “(B) if the Administrator or State has commenced and is diligently prosecuting a civil action in a court, of the United States or a State to require compliance with the standard, limitation, or order, but in any such action in a court of the United States any person may intervene as a matter of right. “(2) under subsection (a)(2) prior to 60 days after the plaintiff has given notice of such action to the Administrator, except that such action may be brought immediately after such notification in the case of an action under this section respecting a violation Ante, p. 1685. of section 112(c) (1) (B) or an order issued by the Administrator Ante, p. 1686. pursuant to section 113(a). Notice under this subsection shall be. given in such manner as the Administrator shall prescribe by regulation. “(c) (1) Any action respecting a violation by a stationary source of an emission standard or limitation or an order respecting such standard or limitation may be brought only in the judicial district in which such source is located. “(2) In such action under this section, the Administrator, if not a party, may intervene as a matter of right. “(d) The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance 28 USC app. with the Federal Rules of Civil Procedure. “(e) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any emission standard or limitation or to seek any other relief (including relief against the Administrator or a State agency). “(f) For purposes of this section, the term ‘emission standard or limitation under this Act’ means— “(1) a schedule or timetable of compliance, emission limitation, standard of performance or emission standard, or “(2) a control or prohibition respecting a motor vehicle fuel or fuel additive, which is in effect under this Act (including a requirement applicable by reason of section 118) or under an applicable implementation plan. Ante, p. 1689. “Sec. 305. “appearance The Administrator shall request the Attorney General to appear and represent him in any civil action instituted under this Act to which the Administrator is a party. Unless the Attorney General notifies the Administrator that be will appear in such action within a reasonable time, attorneys appointed by the Administrator shall appear and represent him. “Sec. 306. “federal procurement (a) No Federal agency may enter into any contract with any person who is convicted of any offense under section 113 (c)(1) for Ante, p. 1687. the procurement of goods, materials, and services to perform such contract at any facility at which the violation which gave rise to such conviction occurred if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such a conviction has been corrected. “(b) The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a). “(c) In order to implement the purposes and policy of this Act to protect and enhance the quality of the Nation’s air, the President shall, not more than 180 days after enactment of the Clean Air Amendments of 1970 cause to be issued an order (1) requiring each Federal agency Federal agency contracts. authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this Act in such contracting or assistance activities, and (2) setting forth procedures, sanctions, Presidential procedures, etc. penalties, and such other provisions, as the President determines necessary to carry out such requirement. “(d) The President may exempt any contract, loan, or grant from Exemptions, notification to Congress. all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption. “(e) The President shall annually report to the Congress on measures Report to Congress. taken toward implementing the purpose and intent of this section, including but not limited to the progress and problems associated with implementation of this section. “Sec. 307. “general provision relating to administrative proceedings and judicial review (a) (1) In connection with any determination under section 110(f) or section 202(b) (5), or for purposes of obtaining information Ante, pp. 1682, 1691. under section 202(b) (4) or 210(c) (4), the Administrator may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and he may administer oaths. Except for emission data, upon a showing satisfactory to the Administrator by such owner or operator that such papers, books, documents, or information or particular part thereof, if made public, would divulge trade secrets or secret processes of such owner or operator, the Administrator shall consider such record, report, or information or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18 of the United States Code, 62 Stat. 791. except that such paper, book, document, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this Act, to persons carrying out the National Academy of Sciences’ study and investigation Ante, p. 1690. provided for in section 202(c), or when relevant in any proceeding under this Act. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of contumacy’ or refusal to obey a subpena served upon any person under this subparagraph, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Administrator to appear and produce papers, books, and documents before the Administrator, or both, and any failure to obey such order of the court may be punished in such court as a contempt thereof. “(b) (1) A petition for review of action of the Administrator in promulgating any national primary or secondary ambient air quality Ante, p. 1685. standard, any emission standard under section 112, any standard of performance under section 111, any standard under section 202 (other than a standard required to be prescribed under section 202(b) (1)), any determination under section 202(b) (5), any control or prohibition Ante, pp. 1698, 1703. under section 211, or any standard under section 231 may be filed only in the United States Court of Appeals for the District of Columbia. A petition for review of the Administrator’s action in approving or promulgating Ante, p. 1680. any implementation plan under section 110 or section 111(d) may be filed only in the United States Court of Appeals for the Filing. appropriate circuit. Any such petition shall be filed within 30 days from the date of such promulgation or approval, or after such date if such petition is based solely on grounds arising after such 30th day. “(2) Action of the Administrator with respect to which review could have been obtained under paragraph (1) shall not be subject to judicial review in civil or criminal proceedings for enforcement. “(c) In any judicial proceeding in which review is sought of a determination under this Act required to be. made on the record after notice and opportunity for hearing, if any party applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, in such manner and upon such terms and conditions as to the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence. “Sec. 308. “mandatory licensing Whenever the Attorney General determines, upon application of the Administrator— “(1) that— “(A) in the implementation of the requirements of section 111, 112, or 202 of this Act, a right under any United States letters patent, which is being used or intended for public or commercial use and not otherwise reasonably available, is necessary to enable, any person required to comply with such limitation to so comply, and “(B) there are no reasonable alternative methods to accomplish such purpose, and “(2) that the unavailability of such right may result in a substantial lessening of competition or tendency to create a monopoly in any line of commerce in any section of the country, the Attorney General may so certify to a district court of the United Patent licensing. States, which may issue an order requiring the person who owns such patent to license it on such reasonable terms and conditions as the court, after hearing, may determine. Such certification may be made to the district court for the district in which the person owning the patent resides, does business, or is found. “Sec. 309. “policy review (a) The Administrator shall review and comment in writing on the environmental impact of any matter relating to duties and responsibilities granted pursuant to this Act or other provisions of the authority of the Administrator, contained in any (1) legislation proposed by any Federal department or agency, (2) newly authorized Federal projects for construction and any major Federal agency action (other than a project for construction) to which section 102(2) (C) of Public Law 91–190 applies, and (3) proposed regulations published 83 Stat. 853. 42 USC 4332. by any department or agency of the Federal Government. Such written comment shall be made public at the conclusion of any such review. “(b) In the event the Administrator determines that any such legislation, action, or regulation is unsatisfactory from the standpoint of public health or welfare or environmental quality, he shall publish his determination and the matter shall be referred to the Council on Environmental Quality.”

1 of 1 references resolved to an enrolled provision