2 



§Ig57h. Definitions. 

 When used in this chapter — 



(a) The term "Administrator" means the Admin- 

 istrator of the Environmental Protection Agency. 



(b) The term "air pollution control agency" 

 means any of the following : 



(1) A single State agency designated by the 

 Governor of that State as the ofBcial State air 

 pollution control agency for purix)ses of this 

 chapter; 



(2) An agency established by two or more 

 States and having substantial piowers or duties 

 pertaining to the prevention and control of air 

 p>ollution; 



(3) A city, county, or other local government 

 health authority, or. In the case of any city, county, 

 or other local government in which there is an 

 agency other than the health authority charged 

 with responsibility for enforcing ordinances or 

 laws relating to the prevention and control of air 

 pollution, such other agency; or 



(4) An agency of two or more municipalities 

 located in the same State or in different States 

 and having substantial powers or duties pertaining 

 to the prevention and control of air pollution. 

 <c) The term "interstate air pollution control 

 agency" means — 



(1) an air pollution conrtrol agency established 

 by two or more States, or 



(2) an air pollution control agency of two or 

 more municipalities located in different States, 

 (d) The term "State" means a State, the District 



of Columbia, the Commonwealth of Puerto Rico, the 

 Virgin Islands, Guam, and American Samoa. 



(e> The term "person" Includes an Individual, 

 corporation, partnership, association, State, munici- 

 pality, and politicEil subdivision of a State. 



<f) The term "municipality" means a city, town, 

 borough, county, parish, district, or other public 

 body created by or pursuant to State law. 



(g) The term "air pollutant" means an air pollu- 

 tion agent or combination of such agents. 



(h) All language referring to effects on welfare in- 

 cludes, but is not limited to, effects on soils, water, 

 crops, vegetation, manmade materials, animals, wild- 

 life, weather, visibility, and climate, damage to and 

 deterioration of property, and hazards to transporta- 

 tion, as well as effects on economic values and on 

 personal comfort and weU-t)eing. (July 14, 1955, ch. 

 360. title m, § 302. formerly § 9, as added Dec. 17, 

 1963, Pub. L. 88-206, S 1. 77 Stat. 400, renumbered 

 Oct. 20. 1965, Pub. L. 89-272, title I, § 101(4), 79 Stat. 

 992. and amended Nov. 21. 1967, Pub. L. 90-148, i 2, 

 81 Stat. 504; Dec. 31, 1970, Pub. L. 91-604, § 15(a)(1), 

 (c)(1), 84 Stat. 1710, 1713.) 



Amendments 



1970— Subsec (a). Pub L. 91-604. ! 15(c)(1), substi- 

 tuted a definition of "Administrator" as meaning the Ad- 

 ministrator of the Environmental Protection Agency for 

 a definition of "Secretary" as meaning the Secretary of 

 Health, Education, and Welfare 



Subsec. (g). Pub. L. 91-604. 5 15(a)(1). added subsec. 

 (g) deQnlng "air pollutant". Former subsec. (g) redesl.i;- 

 nated as subsec (h) and amended. 



Subsec. (h). Pub. L. 91-604, 115(a)(1), redesignated 

 subsec. (g) as subsec (h) and. In subsec. (h) as so re- 

 designated, 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. 



§ I857h-1. Emergency powers. 



Notwithstanding any other provision of this chap- 

 ter, the Administrator, upon receipt of evidence that 

 a pollution source or combination of sources (includ- 

 ing 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 pollu- 

 tion to stop the emission of air pollutants causing 

 or contributing to such pollution or to take such 

 other action as may be necessary. (July 14, 1955, ch. 

 360, title in, § 303. as added Dec. 31, 1970, Pub. L. 

 91-604. § 12(a), 84 Stat. 1705.) 



§lS57h-2. Citizen suits. 



(a) Establishment of right to bring suit. 



Except as provided in subsectiori (b) of this sec- 

 tion, 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 instru- 

 mentality or agency to the extent permitted by the 

 Eleventh Amendment to the Constitution) who is 

 alleged to be in violation of (A) an emission stand- 

 ard or limitation imder this chapter 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 chapter which Is not 

 discretionary with the Administrator. 



The district courts shall have jurisdiction, without 

 regard to the amount in controversy or the citizen- 

 ship 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) Notice. 

 No action may be commenced — 



( 1 ) under subsection (a)(1) of this section — 



(A) prior to 60 days after the plaintiff has 

 given notice of the violation (1) to the Admin- 

 istrator, (ii) to the State In which the violation 

 occurs, and <iiii to any alleged violator of the 

 standard, limitation, or order, or 



(B) if the Administrator or State has com- 

 menced and is diligently prosecuting a civil ac- 

 tion In a court of the United States or a State 

 to re<julre compliance with the standard, limita- 

 tion, or order, but in any such action in a court 

 of the United States any person may intervene 

 as a matter of right. 



(2) imder subsection (a) (2) of the section prior 



