I 



22 



trator shall allow at least six months from the date 

 he makes such recommendations for the taking of 

 such recommended action. 



(f) Hearings for failure to abate pollution; board 

 members; findings and recommendations. 



(1) If, at the conclusion of the period so allowed, 

 such remedial action or other action which in the 

 judgment of the Administrator is reasonably cal- 

 culated to secure abatement of such pollution has 

 not been taken, the Administrator shall call a public 

 hearing, to be held in or near one or more of the 

 places where the discharge or discharges causing or 

 contributing to such pollution originated, before a 

 hearing board of five or more persons appointed by 

 the Administrator. Each State in which any dis- 

 charge causing or contributing to such pollution 



. originates and each State claiming to be adversely 

 affected by such pollution shall be given an oppor- 

 tunity to select one member of such hearing board 

 and each Federal department, agency, or Instru- 

 mentality having a substantial interest in the sub- 

 ject matter as determined by the Administrator 

 shall be given an opportunity to select one member of 

 such hearing board, and one member shall be a rep- 

 resentative of the appropriate Interstate air pollution 



-tfgency if one exists, and not less than a majority of 

 such hearing board shall be persons other than 

 offlcers or employees of the Environmental Protec- 

 tion Agency. At least three weeks' prior notice of 

 such hearing shall be given to the State, Interstate, 

 and municipal air pollution control agencies called 

 to attend such hearing and to the alleged polluter 

 or polluters. All interested parties shall be given a 

 reasonable opportunity to present evidence to such 

 hearing board. 



(2) On the basis of evidence presented at such 

 hearing, the hearing board shall make findings as to 

 whether pollution referred to in subsection (a) of 

 this section is occurring and whether effective prog- 

 ress toward abatement thereof is being made. If the 

 hearing board finds such pollution is occurring and 

 effective progress toward abatement thereof is not 

 being made it shall make recommendations to the 

 Administrator concerning the measures, if any. 

 which it finds to be reasonable and suitable to secure 

 abatement of such pollution. 



(3) The Administrator shall send such findings 

 and recommendations to the person or persons dis- 

 charging any matter causing or contributing to such 

 pollution; to air pollution control agencies of the 

 State or States and of the municipality or munici- 

 palities where such discharge or discharges origi- 

 nate; and to any interstate air pollution control 

 agency whose jurisdictional area' includes any such 

 municipality, together with a notice specifying a 

 reasonable time (not less than six months) to secure 

 abatement of such pollution. 



(g) Judicial proceedings to secure abatement of 

 pollution. 



If action reasonably calculated to secure abate- 

 ment of the pollution within the time specified in the 

 notice following the public hearing is not taken, the 

 Administrator — 



(1 ) in the case of pollution of air which is en- 

 dangering the health or welfare of persons (A) in 

 a State other than that In which the discharge or 



discharges (causing or contributing to such pollu- 

 tion) originate, or (B) in a foreign coimtry which 

 has participated In a conference called under sub- 

 section (c) of this section and in all proceedings 

 under this section resulting from such conference, 

 may request the Attorney General to bring a suit 

 on behalf of the United States in the appropriate 

 United States district court to secure abatement 

 of the pollution. 



(2) in the case of fwHution of air which is en- 

 dangering the health or welfare of persons only in 

 the State in which the discharge or discharges 

 (causing or contributing to such pollution) origi- 

 nate, at the request of the Governor of such State, 

 shall provide such technical and other assistance 

 as in his judgment is necessary to assist the State 

 in judicial proceedings to secure abatement of ti.e 

 pollution under State or local law or, at the -"quest 

 of the Governor of such State, shall request the 

 Attorney General to bring suit on behalf of the 

 United States in the appropriate United States 

 district court to secure abatement of the pollution. 



(h) Federal court proceedings; evidence; jurisdiction 

 of court. 



The Court shall receive In evidence in any suit 

 brought in a United States court under subsection 

 (g) of this section a transcript of the proceedings 

 before the board and a copy of the board's recom- 

 mendations and shall receive such further evidence 

 as the court in its discretion deems proper. The 

 court, giving due consideration to the practicability 

 of complying with such standards as may be applica- 

 ble and to the physical and economic feasibility of 

 securing abatement of any pollution proved, shall 

 have jurisdiction to enter such judgment, and orders 

 enforcing such judgment, as the public interest and 

 the equities of the case may require. 



(1) Compensation and travel expenses for members 

 of hearing board. 

 Members of any hearing board appointed pursuant 

 to subsection (f) of this section who are not regular 

 full-time officers or employees of the United States 

 shall, while participating in the hearing conducted 

 by such board or otherwise engaged on the work 

 of such board, be entitled to receive compensation 

 at a rate fixed by the Admirxlstrator, but not exceed- 

 ing $100 per diem, including traveltime, and while 

 away from their homes or regular places of business 

 they may be allowed travel expenses, including per 

 diem in lieu of subsistence, as authorized by law 

 (section 5703 of Title 5) for persons in the Govern- 

 ment service employed intermittently. 



(j) Furnishing of data to Administrator by polluter; 

 reports; failure to make required report; forfeit- 

 ures. 



( 1 ) In connection with any conference called un- 

 der this section, the Administrator is authorized to 

 require any person whose activities result in the 

 emission of air pollutants causing or contributing to 

 air pollution to file with him, in such form as he may 

 prescribe, a report, based on existing data, furnish- 

 ing to the Administrator such information as may 

 reasonably be required as to the character, kind, and 

 quantity of pollutants discharged and the use of 

 devices or other means to prevent or reduce the 

 emission of pollutants by the person fUlnff racll a 



