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 1857c-7 

 (c)(1)(B) of this title or an order issued by the 

 Administrator pursuant to section 1857c-3(a) of this 

 title. Notice under this subsection shall be given in 

 such manner as the Administrator shall prescribe 

 by regulation. 



(c) Venue; intervention by Administrator. 



( 1 ) Any action respecting a violation by a sta- 

 tionary source of an emission standard or limita- 

 tion or an order respecting such standard or limita- 

 tion may be brought only in the judicial district In 

 which such source is located. 



(2) In such action under this section, the Admin- 

 istrator, if not a party, may intervene as a matter 

 of right. 



(d) Award of costs; security. 



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 ap- 

 propriate. The court may, if a temporary restraining 

 order or preliminary injunction is sought, require 

 the filing of a bond or equivalent security in accord- 

 ance with the Federal Rules of Civil Procedure. 



(e) Non-restriction of other rights. 



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 enforce- 

 ment of any emission standard or limitation or to 

 seek any other relief (including relief against the 

 Administrator or a State agency). 



(f) Definition. 



For purposes of this section, the term "emission 

 standard or limitation under this chapter" means — 



( 1 ) a schedule or timetable of compliance, emis- 

 sion limitation, standard of performance or emis- 

 sion standard, or 



(2) a control or prohibition respecting a motor 

 vehicle fuel or fuel additive, 



which is in effect under this chapter (Including a 

 requirement applicable by reason of section 1857f 

 of this title or under an applicable Implementation 

 plan. (July 14, 1955, ch. 360, tiUe II, § 304, as added 

 Dec. 31. 1970. Pub. L. 91-604. § 12(a). 84 Stat. 1708.) 



§ 1857h-3. Legal representation of .Administrator and 

 appearance by .Attorney General. 



The Administrator shall request the Attorney 

 General to appear and represent him in any civil 

 action instituted under this chapter to which the 

 Administrator is a party. Unless the Attorney Gen- 

 eral notifies the Administrator that he will appear 

 in such action within a reasonable time, attorneys 

 appointed by the Administrator shall appear and 

 represent him. (July 14, 1955. ch. 360. Utle UI, § 305, 

 as added Dec. 31. 1970, Pub. L. 91-604, § 12(a), 84 

 Stat. 1707.) 



§ 1857h-4. Federal procurement. 



(a) Contracts with violators prohibited. 



No Federal agency may enter Into any contract 

 with any person who Is convicted of any offense 

 under section 1857c-8(c) (1) of this Utle for 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 sen- 

 tence shall continue until the Administrator certifies 

 that the condition giving rise to such a conviction 

 has been corrected. 



(b) Notification procedures. 



The Administrator shall establish procedures to 

 provide all Federal agencies with the notification 

 necessary for the purposes of subsection (a) of this 

 section. 



(c) Federal agency contracts. 



In order to Implement the purposes and policy 

 of this chapter to protect and enhance the quality 

 of the Nation's air, the President shall, not more 

 than 180 days after December 31. 1970, cause to be 

 issued an order (1) requiring each Federal agency 

 authorized to enter Into contracts and each Federal 

 agency which Is empowered to' extend Federal as- 

 sistance by way of grant, loan, or contract to effectu- 

 ate the purpose and policy of this chapter in such 

 contracting or assistance activities, and (2) setting 

 forth procedures, sanctions, penalties, and such 

 other provisions, as the President determines neces- 

 sary to carry out such requirement. 



(d) Exemptions; notificalion to Congress. 



The President may exempt any contract, loan, 

 or grant from all or part of the provisions of this 

 section where he determines such exemption Is neces- 

 sary In the paramount Interest of the United States 

 and he shall notify the Congress of such exemption. 



(e) Annual report to Congress. 



The President shall annually report to the Con- 

 gress on measures 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. (July 14, 1955, 

 ch. 360, title III, § 306, as added Dec. 31, 1970. P^ab. 

 L. 91-604, 5 12(a), 84 Stat. 1707.) 



§ 1857h-5. Administrative proceedings and judicial 

 review. 



(a)(1) ' In connection with any detennlnatlon un- 

 der section 1857c-5(f) or secUon 1857f-l(b)(5) of 

 this title, or for purposes of obtaining Information 

 under section 1857f-l(b) (4) or 1857f-6c(c) (3) of 

 this title, 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 Adminis- 

 trator by such owner or operator that such papers, 

 books, documents, or Information or particular part 

 thereof. If made public, would divulge trade secrets or 



>8o m original. Subaec. («) 

 Pt- (2). 



wu enacted without a 



4-045 O - 77 - 3 



