Sec. 304.154. citizen suits
1,774 words·~8 min read·
/statute-compilations/comps-8160/sec-304-154A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 304.154 citizen suits ###
(a)Except as provided in subsection (b), any person may commence a civil action on his own behalf— 154Sections 1004 and 1005 of the Act entitled “An Act Making emergency supplemental appropriations for additional disaster assistance, for anti-terrorism initiatives, for assistance in the recovery from the tragedy that occurred at Oklahoma City, and making rescissions for the fiscal year ending September 30, 1995, and for other purposes” (109 Stat. 194; Public Law 104–19) provide as follows: Administrative Provisions Sec. 1004. None of the funds made available in any appropriations Act for fiscal year 1995 may be used by the Environmental Protection Agency to require any State to comply with the requirement of section 182 of the Clean Air Act by adopting or implementing a test-only or IM240 enhanced vehicle inspection and maintenance program, except that EPA may approve such a program if a State chooses to submit one to meet that requirement. Sec. 1005. None of the funds made available in any appropriations Act for fiscal year 1995 may be used by the Environmental Protection Agency to impose or enforce any requirement that a State implement trip reduction measures to reduce vehicular emissions. Section 304 of the Clean Air Act (42 U.S.C. 7604) shall not apply with respect to any such requirement during the period beginning on the date of the enactment of this Act and ending September 30, 1995. ####
(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 have violated (if there is evidence that the alleged violation has been repeated) or155 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, 155Section 707(g) of Public Law 101–549 (104 Stat. 2683) added the language “to have violated (if there is evidence that the alleged violation has been repeated) or” immediately before “to be in violation” in paragraphs
(1)and (3). The amendment takes effect with respect to actions brought after the date 2 years after the enactment of the Clean Air Act Amendments of 1990. ####
(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, or ####
(3)against any person who proposes to construct or constructs any new or modified major emitting facility without a permit required under part C of title I (relating to significant deterioration of air quality) or part D of title I (relating to nonattainment) or who is alleged to have violated (if there is evidence that the alleged violation has been repeated) or155 to be in violation of any condition of such permit. 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, and to apply any appropriate civil penalties (except for actions under paragraph (2)). The district courts of the United States shall have jurisdiction to compel (consistent with paragraph
(2)of this subsection) agency action unreasonably delayed, except that an action to compel agency action referred to in section 307(b) which is unreasonably delayed may only be filed in a United States District Court within the circuit in which such action would be reviewable under sction 307(b). In any such action for unreasonble delay, notice to the entities referred to in subsection (b)(1)(A) shall be provided 180 days before commencing such action. ###
(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.156 156Period probably should be a comma. ####
(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 of section 112(i)(3)(A) or (f)(4) or an order issued by the Administrator 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 any action under this section, the Administrator, if not a party, may intervene as a matter of right at any time in the proceeding. A judgment in an action under this section to which the United States is not a party shall not, however, have any binding effect upon the United States. ####
(3)Whenever any action is brought under this section the plaintiff shall serve a copy of the complaint on the Attorney General of the United States and on the Administrator. No consent judgment shall be entered in an action brought under this section in which the United States is not a party prior to 45 days following the receipt of a copy of the proposed consent judgment by the Attorney General and the Administrator during which time the Government may submit its comments on the proposed consent judgment to the court and parties or 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 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). Nothing in this section or in any other law of the United States shall be construed to prohibit, exclude, or restrict any State, local, or interstate authority from— ####
(1)bringing any enforcement action or obtaining any judicial remedy or sanction in any State or local court, or ####
(2)bringing any administrative enforcement action or obtaining any administrative remedy or sanction in any State or local administrative agency, department or instrumentality, against the United States, any department, agency, or instrumentality thereof, or any officer, agent, or employee thereof under State or local law respecting control and abatement of air pollution. For provisions requiring compliance by the United States, departments, agencies, instrumentalities, officers, agents, and employees in the same manner as nongovernmental entities, see section 118. ###
(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, ####
(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, or ####
(3)any condition or requirement of a permit under part C of title I (relating to significant deterioration of air quality) or part D of title I (relating to nonattainment),,157 section 119 (relating to primary nonferrous smelter orders), any condition or requirement under an applicable implementation plan relating to transportation control measures, air quality maintenance plans, vehicle inspection and maintenance programs or vapor recovery requirements, section 211
(e)and
(f)(relating to fuels and fuel additives), section 169A (relating to visibility protection), any condition or requirement under title VI (relating to ozone protection), or any requirement under section 111 or 112 (without regard to whether such requirement is expressed as an emission standard or otherwise); or 157Amendment made by section 707(e) of Public Law 101–549 (104 Stat. 2683) resulted in double commas. #### (4)158 any other standard, limitation, or schedule established under any permit issued pursuant to title V or under any applicable State implementation plan approved by the Administrator, any permit term or condition, and any requirement to obtain a permit as a condition of operations.158 158Section 707(e) of Public Law 101–549 (104 Stat. 2683) amended section 304(f) by adding at the end a new paragraph (4). The new paragraph
(4)probably should have been added after paragraph
(3)as reflected here. The period at the end of paragraph
(4)probably should be a comma. which is in effect under this Act (including a requirement applicable by reason of section 118) or under an applicable implementation plan. ###
(g)Penalty Fund ####
(1)Penalties received under subsection
(a)shall be deposited in a special fund in the United States Treasury for licensing and other services. Amounts in such fund are authorized to be appropriated and shall remain available until expended, for use by the Administrator to finance air compliance and enforcement activities. The Administrator shall annually report to the Congress about the sums deposited into the fund, the sources thereof, and the actual and proposed uses thereof. ####
(2)Notwithstanding paragraph
(1)the court in any action under this subsection159 to apply civil penalties shall have discretion to order that such civil penalties, in lieu of being deposited in the fund referred to in paragraph (1), be used in beneficial mitigation projects which are consistent with this Act and enhance the public health or the environment. The court shall obtain the view of the Administrator in exercising such discretion and selecting any such projects. The amount of any such payment in any such action shall not exceed $100,000. 159The words “this subsection” probably should be changed to “this section”. **[**[42 U.S.C. 7604](/us/usc/t42/s7604)**]**
Connectionstraces to 1
Traces to 1 document
U.S. Code
4 references not yet in our index
- 109 Stat. 194
- Pub. L. 104-19
- Pub. L. 101-549
- 104 Stat. 2683
Citation graph
cites case law
Sec. 304.154
citizen suits
Stat.109 Stat. 194
Pub. L.Pub. L. 104-19
Pub. L.Pub. L. 101-549
Stat.104 Stat. 2683
Cites 5Cited by 0 across 0 sources