19 



trols and that steps will be taken during the 

 period of the waiver to assure that the health of 

 persons will be protected from imminent 

 endangerment. 

 (2) The President may exempt any stationary 

 source from compliance with paragraph (1) for a 

 period of not more than two years if he finds that 

 the technology to implement such standards is not 

 available and the operation of such source is re- 

 quired for reasons of national security. An exemp- 

 tion under this paragraph may be extended for one 

 or more additional periods, each period not to exceed 

 two years. The President shall make a report to Con- 

 gress with respect to each exemption (or extension 

 thereof) made under this paragraph. 



(d) Implementation and enforcement by State of 

 standards for stationary sources; procedure; dele- 

 gation of authority of Administrator to State; 

 enforcement power of Administrator unaffected. 



(1) Each State may develop and submit to the 

 Administrator a procedure for implementing and 

 enforcing emission standards for hazardous air 

 pollutants for stationary sources located in such 

 State. If the Administrator finds the State procedure 

 is adequate, he shall delegate to such State any 

 authority he has under this chapter to implement 

 and enforce such standards (except with respect to 

 stationary sources owned or operated by the United 

 States). 



(2) Nothing in this subsection shall prohibit the 

 Administrator from enforcing any applicable emis- 

 sion standard under this section. (July 14, 1955, ch. 

 360, title I, 5 112, as added Dec. 31, 1970, Pub. L. 91- 

 604, § 4(a), 84 Stat. 1685.) 



SiCTiON Rirntiico to in Othxii SxcnoNa 

 Thla section Is referred to In sectloos 1867c-6, 1857C-8, 

 1887C-9, 18S7d, 1887d-l, 1857e. 1857f, 1887h-a. 18«7h-S, 

 18S7h-e of this title. 



g 1857c-8. Federal enforcement procedures. 



(a) Determination of violation of applicable imple- 

 mentation plan or standard; notification of viola- 

 tor; issuance of compliance order or initiation of 

 civil action upon failure to correct; effect of com- 

 pliance order; contents of compliance order. 



(1) Whenever, on the basis of any Information 

 available to him, the Administrator finds that any 

 person is In violation of any requirement of an appli- 

 cable Implementation plan, the Administrator shall 

 notify the person Ih violation of the plan and the 

 State in which the plan applies of such finding. If 

 such violation extends beyond the 30th day after the 

 date of the Administrator's notification, the Admin- 

 istrator may Issue an order requiring such person to 

 comply with the requirements of such plan or he may 

 bring a civil action in accordance with subsection 



(b) of this section. 



(2) Whenever, on the basis of information avail- 

 able to him, the Administrator finds that violations 

 of an applicable implementation plan are so wide- 

 spread that such violations appear to result from a 

 fsulure of the State in which the plan applies to en- 

 force the plan effectively, he shall so notify the State. 

 If the Administrator finds such failure extends 

 beyond the 30th day after such notice, he shall give 

 public notice of such finding. During the period 

 beginning with such public notice and ending when 



such State satisfies the Administrator that it will 

 enforce such plan (hereafter referred to in this sec- 

 tion as "period of federally assumed enforcement"), 

 the Administrator may enforce any requirement of 

 such plan with respect to any person — 



(A) by issuing an order to comply with such 

 requirement, or 



(B) by bringing a civil action under subsection 

 (b) of this section. 



(3) Whenever, on the basis of any information 

 available to him, the Administrator finds that any 

 person is in violation of section 1857c-6(e) of this 

 title (relating to new source performance standards) 

 or section 1857c-7 (c) of this title (relating to 

 standards for hazardous emissions) . or is in violation 

 of any requirement of section 1857c-9 of this title 

 (relating to insjjections. etc.) , he may issue an order 

 requiring such person to comply with such section or 

 requirement, or he may bring a civil action in ac- 

 cordance with subsection (b) of this section. 



(4) An order issued under this subsection (other 

 than an order relating to a violation of section 

 1857C-7 of this title) shall not take effect until the 

 person to whom it is issued has had an opportunity 

 to confer with the Administrator concerning the al- 

 leged violation. A copy of any order issued under this 

 subsection shall be sent to the State air pollution 

 control agency of any State in which the violation 

 occurs. Any order issued under this subsection shall 

 state with reasonable specificity the nature of the 

 violation, specify a time for compliance which the 

 Administrator determines is reasonable, taking into 

 account the seriousness of the violation and any good 

 faith efforts to comply with applicable requirements. 

 In any case in which an order under this subsection 

 (or notice to a violator under paragraph (1) is issued 

 to a corporation, a copy of such order (or notice) 

 shall be Issued to appropriate corporate officers. 



(b) Civil action for appropriate relief; jurisdiction; 

 venue; notice to appropriate State agency. 

 The Administrator may commence a civil action 

 for appropriate relief, including a permanent or 

 temporary Injunction, whenever any person — 



(1) violates or falls or refuses to comply with 

 any order Issued under subsection (a) of this sec- 

 tion; or 



(2) violates any requirement of an applicable 

 Implementation plan (A) during any period of 

 Federally assumed enforcement, or (B) more than 

 30 days after having been notified by the Ad- 

 ministrator under subsection (a)(1) of this sec- 

 tion of a finding that such person is violating such 

 requirement; or 



(3) violates section 1857c-6(e) or section 

 1857c-7(c) of this title; or 



(4) falls or refuses to comply with any require- 

 ment of section 1857C-9 of this title. 



Any action under this subsection may be brought 

 in the district court of the United States for the 

 district in which the defendant is located or resides 

 or is doing business, and such court shall have Juris- 

 diction to restrain such violation and to require com- 

 pliance. Notice of the commencement of such action 



