PUBLIC LAW 95-95—AUG. 7, 1977 order to confirm the correctness of the information on which the action proposed to be taken is based and to ascertain the action which such authorities 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 sentence of this subsection before the expiration of such period. Whenever the Administrator brings such an action 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. "(b] Any person who willfully violates, or fails or refuses to comply with, any order issued by the Administrator under subsection (a) may, in an action brought in the appropriate United States district court to enforce such order, be fined not more than $5,000 for each day during which such violation occurs or failure to comply continues.". (b) Section 313 of the Clean Air Act is amended by striking out "and" at the end of clause (9) and adding before the period after clause (10): "; and (11)(A) the status of plan provisions developed by States as required under section 110(a)(2)(F)(v), and an accounting of States failing to develop suitable plans; (B) the number of annual incidents of air pollution reaching or exceeding levels determined to present an imminent and substantial endangerment to health (within the meaning of section 303) by location, date, pollution source, and the duration of the emergency; (C) measures taken pursuant to section 110(a)(2)(F)(v), and an evaluation of their effectiveness in reducing pollution; and (D) an accounting of those instances in which an air pollution alert, warning, or emergency is declared as required under regulations of the Administrator and in which no action is taken by either the Administrator, State, or local officials, together with an explanation for the failure to take action". CITIZEN
91 STAT. 771
Noncompliance, penalty,
42 USC 7613. 42 USC 7410. v > Ante, p. 770.
-W^yi ^^U *
SUITS
SEC. 303. (a) Section 304(a) of the Clean Air Act is amended— ^ (1) by striking out "or" at the end of paragraph (1) and striking out the period at the end of paragraph (2) and inserting in lieu thereof ", or"; and (2) by inserting immediately after paragraph (2) the following new paragraph: " (3) against any person who proposes to construct or constructs any new 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 be in violation of any condition of such permit.", (b) Section 304(f) of such Act is amended by striking out "or" at the end of paragraph (1), striking out the period at the end of paragraph (2) and substituting ", or", and by adding the following new paragraph at the end thereof: "(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), any condition or requirement of section 113(d) (relating to certain enforcement orders). section 119 (relating to primary nonferrous smelter orders), requirements under an applicable implementation plan relating tx) 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
^2 USC 7604.
Ante, p. 731. Ante, p. 746.
' • •• Ante, p. 705. ^re^e, pp. 709, ^^2«' '^ Ante, p. 762.
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