---
kind: "section"
citation: "42 U.S.C. § 7413"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7413"
heading: "Federal enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7413"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter I — Programs and Activities"
  - "Part A — Air Quality and Emission Limitations"
---

# §7413. Federal enforcement

- (a) **In general—**
  - (1) **Order to comply with SIP—** Whenever, on the basis of any information available to the [Administrator](/usc/42/7602.md?p=a), the [Administrator](/usc/42/7602.md?p=a) finds that any [person](/usc/42/7602.md?p=e) has violated or is in [violation](/usc/42/2000e–16a.md?p=c) of any requirement or prohibition of an [applicable implementation plan](/usc/42/7602.md?p=q) or permit, the [Administrator](/usc/42/7602.md?p=a) shall notify the [person](/usc/42/7602.md?p=e) and the [State](/usc/42/7602.md?p=d) in which the plan applies of such finding. At any time after the expiration of 30 days following the date on which such notice of a [violation](/usc/42/2000e–16a.md?p=c) is issued, the [Administrator](/usc/42/7602.md?p=a) may, without regard to the period of [violation](/usc/42/2000e–16a.md?p=c) (subject to [section 2462 of title 28](/usc/28/2462.md))—
    - (A) issue an order requiring such [person](/usc/42/7602.md?p=e) to comply with the requirements or prohibitions of such plan or permit,
    - (B) issue an administrative penalty order in accordance with [subsection (d)](#d), or
    - (C) bring a civil action in accordance with [subsection (b)](#b).
  - (2) **State failure to enforce SIP or permit program—** Whenever, on the basis of information available to the [Administrator](/usc/42/7602.md?p=a), the [Administrator](/usc/42/7602.md?p=a) finds that [violations](/usc/42/2000e–16a.md?p=c) of an [applicable implementation plan](/usc/42/7602.md?p=q) or an approved permit program under subchapter V are so widespread that such [violations](/usc/42/2000e–16a.md?p=c) appear to result from a failure of the [State](/usc/42/7602.md?p=d) in which the plan or permit program applies to enforce the plan or permit program effectively, the [Administrator](/usc/42/7602.md?p=a) shall so notify the [State](/usc/42/7602.md?p=d). In the case of a permit program, the notice shall be made in accordance with subchapter V. If the [Administrator](/usc/42/7602.md?p=a) finds such failure extends beyond the 30th day after such notice (90 days in the case of such permit program), the [Administrator](/usc/42/7602.md?p=a) shall give public notice of such finding. During the period beginning with such public notice and ending when such [State](/usc/42/7602.md?p=d) satisfies the [Administrator](/usc/42/7602.md?p=a) that it will enforce such plan or permit program (hereafter referred to in this section as “period of federally assumed enforcement”), the [Administrator](/usc/42/7602.md?p=a) may enforce any requirement or prohibition of such plan or permit program with respect to any [person](/usc/42/7602.md?p=e) by—
    - (A) issuing an order requiring such [person](/usc/42/7602.md?p=e) to comply with such requirement or prohibition,
    - (B) issuing an administrative penalty order in accordance with [subsection (d)](#d), or
    - (C) bringing a civil action in accordance with [subsection (b)](#b).
  - (3) **EPA enforcement of other requirements—** Except for a requirement or prohibition enforceable under the preceding provisions of this subsection, whenever, on the basis of any information available to the [Administrator](/usc/42/7602.md?p=a), the [Administrator](/usc/42/7602.md?p=a) finds that any [person](/usc/42/7602.md?p=e) has violated, or is in [violation](/usc/42/2000e–16a.md?p=c) of, any other requirement or prohibition of this subchapter, [section 7603 of this title](/usc/42/7603.md), subchapter IV–A, subchapter V, or subchapter VI, including, but not limited to, a requirement or prohibition of any rule, plan, order, waiver, or permit promulgated, issued, or approved under those provisions or subchapters, or for the payment of any fee owed to the United States under this chapter (other than subchapter II), the [Administrator](/usc/42/7602.md?p=a) may—
    - (A) issue an administrative penalty order in accordance with [subsection (d)](#d),
    - (B) issue an order requiring such [person](/usc/42/7602.md?p=e) to comply with such requirement or prohibition,
    - (C) bring a civil action in accordance with [subsection (b)](#b) or [section 7605 of this title](/usc/42/7605.md), or
    - (D) request the Attorney General to commence a criminal action in accordance with [subsection (c)](#c).
  - (4) **Requirements for orders—** An order issued under this subsection (other than an order relating to a [violation](/usc/42/2000e–16a.md?p=c) of [section 7412 of this title](/usc/42/7412.md)) shall not take effect until the [person](/usc/42/7602.md?p=e) to whom it is issued has had an opportunity to confer with the [Administrator](/usc/42/7602.md?p=a) concerning the alleged [violation](/usc/42/2000e–16a.md?p=c). A copy of any order issued under this subsection shall be sent to the [State](/usc/42/7602.md?p=d) [air pollution control agency](/usc/42/7602.md?p=b) of any [State](/usc/42/7602.md?p=d) in which the [violation](/usc/42/2000e–16a.md?p=c) occurs. Any order issued under this subsection shall [state](/usc/42/7602.md?p=d) with reasonable specificity the nature of the [violation](/usc/42/2000e–16a.md?p=c) and specify a time for compliance which the [Administrator](/usc/42/7602.md?p=a) determines is reasonable, taking into account the seriousness of the [violation](/usc/42/2000e–16a.md?p=c) 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)](#a-1)) is issued to a [corporation](/usc/42/2297h.md?p=2), a copy of such order (or notice) shall be issued to appropriate corporate officers. An order issued under this subsection shall require the [person](/usc/42/7602.md?p=e) to whom it was issued to comply with the requirement as expeditiously as practicable, but in no event longer than one year after the date the order was issued, and shall be nonrenewable. No order issued under this subsection shall prevent the [State](/usc/42/7602.md?p=d) or the [Administrator](/usc/42/7602.md?p=a) from assessing any penalties nor otherwise affect or limit the [State](/usc/42/7602.md?p=d)’s or the United States authority to enforce under other provisions of this chapter, nor affect any [person](/usc/42/7602.md?p=e)’s obligations to comply with any section of this chapter or with a term or condition of any permit or [applicable implementation plan](/usc/42/7602.md?p=q) promulgated or approved under this chapter.
  - (5) **Failure to comply with new source requirements—** Whenever, on the basis of any available information, the [Administrator](/usc/42/7602.md?p=a) finds that a [State](/usc/42/7602.md?p=d) is not acting in compliance with any requirement or prohibition of the chapter relating to the [construction](/usc/42/7479.md?p=2-C) of new sources or the [modification](/usc/42/7501.md?p=4) of existing sources, the [Administrator](/usc/42/7602.md?p=a) may—
    - (A) issue an order prohibiting the [construction](/usc/42/7479.md?p=2-C) or [modification](/usc/42/7501.md?p=4) of any [major stationary source](/usc/42/7602.md?p=j) in any area to which such requirement applies;[^1]
    - (B) issue an administrative penalty order in accordance with [subsection (d)](#d), or
    - (C) bring a civil action under [subsection (b)](#b).

  Nothing in this subsection shall preclude the United States from commencing a criminal action under [subsection (c)](#c) at any time for any such [violation](/usc/42/2000e–16a.md?p=c).

- (b) **Civil judicial enforcement—** The [Administrator](/usc/42/7602.md?p=a) shall, as appropriate, in the case of any [person](/usc/42/7602.md?p=e) that is the [owner](/usc/42/13641.md?p=4) or operator of an affected source, a [major emitting facility](/usc/42/7479.md?p=1), or a [major stationary source](/usc/42/7602.md?p=j), and may, in the case of any other [person](/usc/42/7602.md?p=e), commence a civil action for a permanent or temporary injunction, or to assess and recover a civil penalty of not more than $25,000 per day for each [violation](/usc/42/2000e–16a.md?p=c), or both, in any of the following instances:
  - (1) Whenever such [person](/usc/42/7602.md?p=e) has violated, or is in [violation](/usc/42/2000e–16a.md?p=c) of, any requirement or prohibition of an [applicable implementation plan](/usc/42/7602.md?p=q) or permit. Such an action shall be [commenced](/usc/42/7479.md?p=2-A) (A) during any period of federally assumed enforcement, or (B) more than 30 days following the date of the [Administrator](/usc/42/7602.md?p=a)’s notification under [subsection (a)(1)](#a-1) that such [person](/usc/42/7602.md?p=e) has violated, or is in [violation](/usc/42/2000e–16a.md?p=c) of, such requirement or prohibition.
  - (2) Whenever such [person](/usc/42/7602.md?p=e) has violated, or is in [violation](/usc/42/2000e–16a.md?p=c) of, any other requirement or prohibition of this subchapter, [section 7603 of this title](/usc/42/7603.md), subchapter IV–A, subchapter V, or subchapter VI, including, but not limited to, a requirement or prohibition of any rule, order, waiver or permit promulgated, issued, or approved under this chapter, or for the payment of any fee owed the United States under this chapter (other than subchapter II).
  - (3) Whenever such [person](/usc/42/7602.md?p=e) attempts to construct or modify a [major stationary source](/usc/42/7602.md?p=j) in any area with respect to which a finding under [subsection (a)(5)](#a-5) has been made.

  Any action under this subsection may be brought in the district court of the United States for the district in which the [violation](/usc/42/2000e–16a.md?p=c) is alleged to have occurred, or is occurring, or in which the defendant resides, or where the defendant’s principal place of business is located, and such court shall have jurisdiction to restrain such [violation](/usc/42/2000e–16a.md?p=c), to require compliance, to assess such civil penalty, to collect any fees owed the United States under this chapter (other than subchapter II) and any noncompliance assessment and nonpayment penalty owed under [section 7420 of this title](/usc/42/7420.md), and to award any other appropriate relief. Notice of the commencement of such action shall be given to the appropriate [State](/usc/42/7602.md?p=d) [air pollution control agency](/usc/42/7602.md?p=b). In the case of any action brought by the [Administrator](/usc/42/7602.md?p=a) under this subsection, the court may award costs of litigation (including reasonable attorney and expert witness fees) to the party or parties against whom such action was brought if the court finds that such action was unreasonable.

- (c) **Criminal penalties—**
  - (1) Any [person](/usc/42/7602.md?p=e) who knowingly violates any requirement or prohibition of an [applicable implementation plan](/usc/42/7602.md?p=q) (during any period of federally assumed enforcement or more than 30 days after having been notified under [subsection (a)(1)](#a-1) by the [Administrator](/usc/42/7602.md?p=a) that such [person](/usc/42/7602.md?p=e) is violating such requirement or prohibition), any order under [subsection (a)](#a) of this section, requirement or prohibition of [section 7411(e) of this title](/usc/42/7411.md?p=e) (relating to new source performance standards), [section 7412 of this title](/usc/42/7412.md), [section 7414 of this title](/usc/42/7414.md) (relating to inspections, etc.), [section 7429 of this title](/usc/42/7429.md) (relating to solid waste combustion), [section 7475(a) of this title](/usc/42/7475.md?p=a) (relating to preconstruction requirements), an order under [section 7477 of this title](/usc/42/7477.md) (relating to preconstruction requirements), an order under [section 7603 of this title](/usc/42/7603.md) (relating to emergency orders), section [7661a(a)](/usc/42/7661a.md?p=a) or [7661b(c)](/usc/42/7661b.md?p=c) of this title (relating to permits), or any requirement or prohibition of subchapter IV–A (relating to acid deposition control), or subchapter VI (relating to stratospheric ozone control), including a requirement of any rule, order, waiver, or permit promulgated or approved under such sections or subchapters, and including any requirement for the payment of any fee owed the United States under this chapter (other than subchapter II) shall, upon conviction, be punished by a fine pursuant to [title 18](/usc/18.md) or by imprisonment for not to exceed 5 years, or both. If a conviction of any [person](/usc/42/7602.md?p=e) under this paragraph is for a [violation](/usc/42/2000e–16a.md?p=c) committed after a first conviction of such [person](/usc/42/7602.md?p=e) under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment.
  - (2) Any [person](/usc/42/7602.md?p=e) who knowingly—
    - (A) makes any false material statement, representation, or certification in, or omits material information from, or knowingly alters, conceals, or fails to file or maintain any notice, application, record, report, plan, or other document required pursuant to this chapter to be either filed or maintained (whether with respect to the requirements imposed by the [Administrator](/usc/42/7602.md?p=a) or by a [State](/usc/42/7602.md?p=d));
    - (B) fails to notify or report as required under this chapter; or
    - (C) falsifies, tampers with, renders inaccurate, or fails to install any monitoring device or method required to be maintained or followed under this chapter[^2]

    shall, upon conviction, be punished by a fine pursuant to [title 18](/usc/18.md) or by imprisonment for not more than 2 years, or both. If a conviction of any [person](/usc/42/7602.md?p=e) under this paragraph is for a [violation](/usc/42/2000e–16a.md?p=c) committed after a first conviction of such [person](/usc/42/7602.md?p=e) under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment.

  - (3) Any [person](/usc/42/7602.md?p=e) who knowingly fails to pay any fee owed the United States under this subchapter, subchapter III, IV–A, V, or VI shall, upon conviction, be punished by a fine pursuant to [title 18](/usc/18.md) or by imprisonment for not more than 1 year, or both. If a conviction of any [person](/usc/42/7602.md?p=e) under this paragraph is for a [violation](/usc/42/2000e–16a.md?p=c) committed after a first conviction of such [person](/usc/42/7602.md?p=e) under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment.
  - (4) Any [person](/usc/42/7602.md?p=e) who negligently releases into the ambient air any hazardous [air pollutant](/usc/42/7602.md?p=g) listed pursuant to [section 7412 of this title](/usc/42/7412.md) or any extremely hazardous substance listed pursuant to [section 11002(a)(2) of this title](/usc/42/11002.md?p=a-2) that is not listed in [section 7412 of this title](/usc/42/7412.md), and who at the time negligently places another [person](/usc/42/7602.md?p=e) in imminent danger of death or serious bodily injury shall, upon conviction, be punished by a fine under [title 18](/usc/18.md) or by imprisonment for not more than 1 year, or both. If a conviction of any [person](/usc/42/7602.md?p=e) under this paragraph is for a [violation](/usc/42/2000e–16a.md?p=c) committed after a first conviction of such [person](/usc/42/7602.md?p=e) under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment.
  - (5)
    - (A) Any [person](/usc/42/7602.md?p=e) who knowingly releases into the ambient air any hazardous [air pollutant](/usc/42/7602.md?p=g) listed pursuant to [section 7412 of this title](/usc/42/7412.md) or any extremely hazardous substance listed pursuant to [section 11002(a)(2) of this title](/usc/42/11002.md?p=a-2) that is not listed in [section 7412 of this title](/usc/42/7412.md), and who knows at the time that he thereby places another [person](/usc/42/7602.md?p=e) in imminent danger of death or serious bodily injury shall, upon conviction, be punished by a fine under [title 18](/usc/18.md) or by imprisonment of not more than 15 years, or both. Any [person](/usc/42/7602.md?p=e) committing such [violation](/usc/42/2000e–16a.md?p=c) which is an organization shall, upon conviction under this paragraph, be subject to a fine of not more than $1,000,000 for each [violation](/usc/42/2000e–16a.md?p=c). If a conviction of any [person](/usc/42/7602.md?p=e) under this paragraph is for a [violation](/usc/42/2000e–16a.md?p=c) committed after a first conviction of such [person](/usc/42/7602.md?p=e) under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment. For any [air pollutant](/usc/42/7602.md?p=g) for which the [Administrator](/usc/42/7602.md?p=a) has set an emissions standard or for any source for which a permit has been issued under subchapter V, a release of such pollutant in accordance with that standard or permit shall not constitute a [violation](/usc/42/2000e–16a.md?p=c) of this paragraph or [paragraph (4)](#c-4).
    - (B) In determining whether a defendant who is an individual knew that the [violation](/usc/42/2000e–16a.md?p=c) placed another [person](/usc/42/7602.md?p=e) in imminent danger of death or serious bodily injury—
      - (i) the defendant is responsible only for actual awareness or actual belief possessed; and
      - (ii) knowledge possessed by a [person](/usc/42/7602.md?p=e) other than the defendant, but not by the defendant, may not be attributed to the defendant;

      except that in proving a defendant’s possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to be shielded from relevant information.

    - (C) It is an affirmative defense to a prosecution that the conduct charged was freely consented to by the [person](/usc/42/7602.md?p=e) endangered and that the danger and conduct charged were reasonably foreseeable hazards of—
      - (i) an occupation, a business, or a profession; or
      - (ii) medical [treatment](/usc/42/11851.md?p=11) or medical or scientific experimentation conducted by professionally approved methods and such other [person](/usc/42/7602.md?p=e) had been made aware of the risks involved prior to giving consent.

      The defendant may establish an affirmative defense under this subparagraph by a preponderance of the evidence.

    - (D) All general defenses, affirmative defenses, and bars to prosecution that may apply with respect to other Federal criminal offenses may apply under subparagraph (A) of this paragraph and shall be determined by the courts of the United States according to the principles of common law as they may be interpreted in the light of reason and experience. Concepts of justification and excuse applicable under this section may be developed in the light of reason and experience.
    - (E) The term “organization” means a legal entity, other than a government, established or organized for any purpose, and such term includes a [corporation](/usc/42/2297h.md?p=2), company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of [persons](/usc/42/7602.md?p=e).
    - (F) The term “serious bodily injury” means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
  - (6) For the purpose of this subsection, the term “[person](/usc/42/7602.md?p=e)” includes, in addition to the entities referred to in [section 7602(e) of this title](/usc/42/7602.md?p=e), any responsible corporate officer.
- (d) **Administrative assessment of civil penalties—**
  - (1) The [Administrator](/usc/42/7602.md?p=a) may issue an administrative order against any [person](/usc/42/7602.md?p=e) assessing a civil administrative penalty of up to $25,000, per day of [violation](/usc/42/2000e–16a.md?p=c), whenever, on the basis of any available information, the [Administrator](/usc/42/7602.md?p=a) finds that such [person](/usc/42/7602.md?p=e)—
    - (A) has violated or is violating any requirement or prohibition of an [applicable implementation plan](/usc/42/7602.md?p=q) (such order shall be issued (i) during any period of federally assumed enforcement, or (ii) more than thirty days following the date of the [Administrator](/usc/42/7602.md?p=a)’s notification under [subsection (a)(1)](#a-1) of this section of a finding that such [person](/usc/42/7602.md?p=e) has violated or is violating such requirement or prohibition); or
    - (B) has violated or is violating any other requirement or prohibition of this subchapter or subchapter III, IV–A, V, or VI, including, but not limited to, a requirement or prohibition of any rule, order, waiver, permit, or plan promulgated, issued, or approved under this chapter, or for the payment of any fee owed the United States under this chapter (other than subchapter II); or
    - (C) attempts to construct or modify a [major stationary source](/usc/42/7602.md?p=j) in any area with respect to which a finding under [subsection (a)(5)](#a-5) of this section has been made.

    The [Administrator](/usc/42/7602.md?p=a)’s authority under this paragraph shall be limited to matters where the total penalty sought does not exceed $200,000 and the first alleged date of [violation](/usc/42/2000e–16a.md?p=c) occurred no more than 12 months prior to the initiation of the administrative action, except where the [Administrator](/usc/42/7602.md?p=a) and the Attorney General jointly determine that a matter involving a larger penalty amount or longer period of [violation](/usc/42/2000e–16a.md?p=c) is appropriate for administrative penalty action. Any such determination by the [Administrator](/usc/42/7602.md?p=a) and the Attorney General shall not be subject to judicial review.

  - (2)
    - (A) An administrative penalty assessed under [paragraph (1)](#d-1) shall be assessed by the [Administrator](/usc/42/7602.md?p=a) by an order made after opportunity for a hearing on the record in accordance with sections 554 and 556 of title 5. The [Administrator](/usc/42/7602.md?p=a) shall issue reasonable rules for discovery and other procedures for hearings under this paragraph. Before issuing such an order, the [Administrator](/usc/42/7602.md?p=a) shall give written notice to the [person](/usc/42/7602.md?p=e) to be assessed an administrative penalty of the [Administrator](/usc/42/7602.md?p=a)’s proposal to issue such order and provide such [person](/usc/42/7602.md?p=e) an opportunity to request such a hearing on the order, within 30 days of the date the notice is received by such [person](/usc/42/7602.md?p=e).
    - (B) The [Administrator](/usc/42/7602.md?p=a) may compromise, modify, or remit, with or without conditions, any administrative penalty which may be imposed under this subsection.
  - (3) The [Administrator](/usc/42/7602.md?p=a) may implement, after consultation with the Attorney General and the [States](/usc/42/7602.md?p=d), a field citation program through regulations establishing appropriate minor [violations](/usc/42/2000e–16a.md?p=c) for which field citations assessing civil penalties not to exceed $5,000 per day of [violation](/usc/42/2000e–16a.md?p=c) may be issued by officers or employees designated by the [Administrator](/usc/42/7602.md?p=a). Any [person](/usc/42/7602.md?p=e) to whom a field citation is assessed may, within a reasonable time as prescribed by the [Administrator](/usc/42/7602.md?p=a) through regulation, elect to pay the penalty assessment or to request a hearing on the field citation. If a request for a hearing is not made within the time specified in the regulation, the penalty assessment in the field citation shall be final. Such hearing shall not be subject to section [554](/usc/5/554.md) or [556](/usc/5/556.md) of title 5, but shall provide a reasonable opportunity to be heard and to present evidence. Payment of a civil penalty required by a field citation shall not be a defense to further enforcement by the United States or a [State](/usc/42/7602.md?p=d) to correct a [violation](/usc/42/2000e–16a.md?p=c), or to assess the statutory maximum penalty pursuant to other authorities in the chapter, if the [violation](/usc/42/2000e–16a.md?p=c) continues.
  - (4) Any [person](/usc/42/7602.md?p=e) against whom a civil penalty is assessed under paragraph (3) of this subsection or to whom an administrative penalty order is issued under paragraph (1) of this subsection may seek review of such assessment in the United States District Court for the District of Columbia or for the district in which the [violation](/usc/42/2000e–16a.md?p=c) is alleged to have occurred, in which such [person](/usc/42/7602.md?p=e) resides, or where such [person](/usc/42/7602.md?p=e)’s principal place of business is located, by filing in such court within 30 days following the date the administrative penalty order becomes final under [paragraph (2)](#d-2), the assessment becomes final under [paragraph (3)](#d-3), or a final decision following a hearing under [paragraph (3)](#d-3) is rendered, and by simultaneously sending a copy of the filing by certified mail to the [Administrator](/usc/42/7602.md?p=a) and the Attorney General. Within 30 days thereafter, the [Administrator](/usc/42/7602.md?p=a) shall file in such court a certified copy, or certified index, as appropriate, of the record on which the administrative penalty order or assessment was issued. Such court shall not set aside or remand such order or assessment unless there is not substantial evidence in the record, taken as a whole, to support the finding of a [violation](/usc/42/2000e–16a.md?p=c) or unless the order or penalty assessment constitutes an abuse of discretion. Such order or penalty assessment shall not be subject to review by any court except as provided in this paragraph. In any such proceedings, the United States may seek to recover civil penalties ordered or assessed under this section.
  - (5) If any [person](/usc/42/7602.md?p=e) fails to pay an assessment of a civil penalty or fails to comply with an administrative penalty order—
    - (A) after the order or assessment has become final, or
    - (B) after a court in an action brought under [paragraph (4)](#d-4) has entered a final judgment in favor of the [Administrator](/usc/42/7602.md?p=a),

    the [Administrator](/usc/42/7602.md?p=a) shall request the Attorney General to bring a civil action in an appropriate district court to enforce the order or to recover the amount ordered or assessed (plus interest at rates established pursuant to [section 6621(a)(2) of title 26](/usc/26/6621.md?p=a-2) from the date of the final order or decision or the date of the final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such order or assessment shall not be subject to review. Any [person](/usc/42/7602.md?p=e) who fails to pay on a timely basis a civil penalty ordered or assessed under this section shall be required to pay, in addition to such penalty and interest, the United States enforcement expenses, including but not limited to attorneys fees and costs incurred by the United States for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be 10 percent of the aggregate amount of such [person](/usc/42/7602.md?p=e)’s outstanding penalties and nonpayment penalties accrued as of the beginning of such quarter.

- (e) **Penalty assessment criteria—**
  - (1) In determining the amount of any penalty to be assessed under this section or [section 7604(a) of this title](/usc/42/7604.md?p=a), the [Administrator](/usc/42/7602.md?p=a) or the court, as appropriate, shall take into consideration (in addition to such other factors as justice may require) the size of the business, the economic impact of the penalty on the business, the violator’s full compliance history and good faith efforts to comply, the duration of the [violation](/usc/42/2000e–16a.md?p=c) as established by any credible evidence (including evidence other than the applicable test method), payment by the violator of penalties previously assessed for the same [violation](/usc/42/2000e–16a.md?p=c), the economic benefit of noncompliance, and the seriousness of the [violation](/usc/42/2000e–16a.md?p=c). The court shall not assess penalties for noncompliance with administrative subpoenas under [section 7607(a) of this title](/usc/42/7607.md?p=a), or actions under [section 7414 of this title](/usc/42/7414.md), where the violator had sufficient cause to violate or fail or refuse to comply with such subpoena or action.
  - (2) A penalty may be assessed for each day of [violation](/usc/42/2000e–16a.md?p=c). For purposes of determining the number of days of [violation](/usc/42/2000e–16a.md?p=c) for which a penalty may be assessed under subsection [(b)](#b) or [(d)(1)](#d-1) of this section, or [section 7604(a) of this title](/usc/42/7604.md?p=a), or an assessment may be made under [section 7420 of this title](/usc/42/7420.md), where the [Administrator](/usc/42/7602.md?p=a) or an [air pollution control agency](/usc/42/7602.md?p=b) has notified the source of the [violation](/usc/42/2000e–16a.md?p=c), and the plaintiff makes a prima facie showing that the conduct or events giving rise to the [violation](/usc/42/2000e–16a.md?p=c) are likely to have continued or recurred past the date of notice, the days of [violation](/usc/42/2000e–16a.md?p=c) shall be presumed to include the date of such notice and each and every day thereafter until the violator establishes that continuous compliance has been achieved, except to the extent that the violator can prove by a preponderance of the evidence that there were intervening days during which no [violation](/usc/42/2000e–16a.md?p=c) occurred or that the [violation](/usc/42/2000e–16a.md?p=c) was not continuing in nature.
- (f) **Awards—** The [Administrator](/usc/42/7602.md?p=a) may pay an award, not to exceed $10,000, to any [person](/usc/42/7602.md?p=e) who furnishes information or services which lead to a criminal conviction or a judicial or administrative civil penalty for any [violation](/usc/42/2000e–16a.md?p=c) of this subchapter or subchapter III, IV–A, V, or VI of this chapter enforced under this section. Such payment is subject to available appropriations for such purposes as provided in annual appropriation Acts. Any officer,[^3] or employee of the United States or any [State](/usc/42/7602.md?p=d) or local government who furnishes information or renders service in the performance of an official duty is ineligible for payment under this subsection. The [Administrator](/usc/42/7602.md?p=a) may, by regulation, prescribe additional criteria for eligibility for such an award.
- (g) **Settlements; public participation—** At least 30 days before a consent order or settlement agreement of any kind under this chapter to which the United States is a party (other than enforcement actions under this section, [section 7420 of this title](/usc/42/7420.md), or subchapter II, whether or not involving civil or criminal penalties, or judgments subject to Department of Justice policy on public participation) is final or filed with a court, the [Administrator](/usc/42/7602.md?p=a) shall provide a reasonable opportunity by notice in the Federal Register to [persons](/usc/42/7602.md?p=e) who are not named as parties or intervenors to the action or matter to comment in writing. The [Administrator](/usc/42/7602.md?p=a) or the Attorney General, as appropriate, shall promptly consider any such written comments and may withdraw or withhold his consent to the proposed order or agreement if the comments disclose facts or considerations which indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of this chapter. Nothing in this subsection shall apply to civil or criminal penalties under this chapter.
- (h) **Operator—** For purposes of the provisions of this section and [section 7420 of this title](/usc/42/7420.md), the term “operator”, as used in such provisions, shall include any [person](/usc/42/7602.md?p=e) who is senior management personnel or a corporate officer. Except in the case of knowing and willful [violations](/usc/42/2000e–16a.md?p=c), such term shall not include any [person](/usc/42/7602.md?p=e) who is a stationary engineer or technician responsible for the operation, maintenance, repair, or monitoring of equipment and facilities and who often has supervisory and training duties but who is not senior management personnel or a corporate officer. Except in the case of knowing and willful [violations](/usc/42/2000e–16a.md?p=c), for purposes of [subsection (c)(4)](#c-4) of this section, the term “a [person](/usc/42/7602.md?p=e)” shall not include an employee who is carrying out his normal activities and who is not a part of senior management personnel or a corporate officer. Except in the case of knowing and willful [violations](/usc/42/2000e–16a.md?p=c), for purposes of paragraphs [(1)](#c-1), [(2)](#c-2), [(3)](#c-3), and [(5)](#c-5) of subsection (c) of this section the term “a [person](/usc/42/7602.md?p=e)” shall not include an employee who is carrying out his normal activities and who is acting under orders from the employer.

## Footnotes

[^1]: So in original. The semicolon probably should be a comma.
[^2]: So in original. Probably should be followed by a comma.
[^3]: So in original. The comma probably should not appear.

## Source credit

(July 14, 1955, ch. 360, title I, § 113, as added Pub. L. 91–604, § 4(a), Dec. 31, 1970, 84 Stat. 1686; amended Pub. L. 92–157, title III, § 302(b), (c), Nov. 18, 1971, 85 Stat. 464; Pub. L. 93–319, § 6(a)(1)–(3), June 22, 1974, 88 Stat. 259; Pub. L. 95–95, title I, §§ 111, 112(a), Aug. 7, 1977, 91 Stat. 704, 705; Pub. L. 95–190, § 14(a)(10)–(21), (b)(1), Nov. 16, 1977, 91 Stat. 1400, 1404; Pub. L. 97–23, § 2, July 17, 1981, 95 Stat. 139; Pub. L. 101–549, title VII, § 701, Nov. 15, 1990, 104 Stat. 2672.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 1857c–8 of this title.

### Amendments

1990—Pub. L. 101–549 amended section generally, substituting present provisions for provisions which related to: in subsec. (a), finding of violation, notice, compliance order, civil action, State failure to enforce plan, and construction or modification of major stationary sources; in subsec. (b), violations by owners or operators of major stationary sources; in subsec. (c), penalties; in subsec. (d), final compliance orders; and in subsec. (e), steel industry compliance extension.

1981—Subsec. (e). Pub. L. 97–23 added subsec. (e).

1977—Subsec. (a)(5). Pub. L. 95–95, § 111(a), added par. (5).

Subsec. (b). Pub. L. 95–95, § 111(b), (c), substituted “shall, in the case of any person which is the owner or operator of a major stationary source, and may, in the case of any other person, commence a civil action for a permanent or temporary injunction, or to assess and recover a civil penalty of not more than $25,000 per day of violation, or both, whenever such person” for “may commence a civil action for appropriate relief, including a permanent or temporary injunction, whenever any person” in provisions preceding par. (1), inserted references to subsec. (d)(5) of this section, sections 7419 and 7620 of this title, and regulations under part in par. (3), inserted reference to subsec. (d) of this section in par. (4), added par. (5), and, in provisions following par. (5), authorized the commencement of civil actions to recover noncompliance penalties and nonpayment penalties under section 7420 of this title, expanded jurisdictional provisions to authorize actions in districts in which the violation occurred and to authorize the district court to restrain violations, to require compliance, to assess civil penalties, and to collect penalties under section 7420 of this title, enumerated factors to be taken into consideration in determining the amount of civil penalties, and authorized awarding of costs to the party or parties against whom the action was brought in cases where the court finds that the action was unreasonable.

Subsec. (b)(3). Pub. L. 95–190, § 14(a)(10), (11), inserted “or” after “ozone);”, and substituted “7624” for “7620”, “conversion), section” for “conversion) section”, and “orders), or” for “orders) or”.

Subsec. (c)(1). Pub. L. 95–95, § 111(d)(1), (2), substituted “any order issued under section 7419 of this title or under subsection (a) or (d) of this section” for “any order issued by the Administrator under subsection (a)” in subpar. (B), struck out reference to section 119(g) (as in effect before the date of the enactment of Pub. L. 95–95) in subpar. (C), and added subpar. (D).

Subsec. (c)(1)(B). Pub. L. 95–190, § 14(a)(12), inserted “or” after “section,”.

Subsec. (c)(1)(D). Pub. L. 95–190, § 14(a)(13), substituted “1977 subsection” for “1977) subsection” and “penalties), or” for “penalties) or”.

Subsec. (c)(3). Pub. L. 95–95, § 111(d)(3), added par. (3).

Subsec. (d). Pub. L. 95–95, § 112(a), added subsec. (d).

Subsec. (d)(1). Pub. L. 95–190, § 14(a)(14), substituted “to any stationary source which is unable to comply with any requirement of an applicable implementation plan an order” for “an order for any stationary source” and “such requirement” for “any requirement of an applicable implementation plan”.

Subsec. (d)(1)(E). Pub. L. 95–190, § 14(a)(15), inserted provision relating to exemption under section 7420(a)(2)(B) or (C) of this title, provision relating to noncompliance penalties effective July 1, 1979, and reference to subsec. (b)(3) or (g) of section 7420 of this title.

Subsec. (d)(2). Pub. L. 95–190, § 14(a)(16), inserted provisions relating to determinations by the Administrator of compliance with requirements of this chapter of State orders issued under this subsection.

Subsec. (d)(4)(A). Pub. L. 95–190, § 14(a)(17), substituted “title) upon” for “title upon”.

Subsec. (d)(5)(A). Pub. L. 95–190, § 14(a)(18), substituted “an additional period for” for “an additional period of”.

Subsec. (d)(8). Pub. L. 95–190, § 14(a)(19), struck out reference to par. (3) of this subsection.

Subsec. (d)(10). Pub. L. 95–190, § 14(a)(20), substituted “in effect” for “issued”, “Federal” for “other”, and “and no action under” for “or”.

Subsec. (d)(11). Pub. L. 95–190, § 14(a)(21), substituted “and in effect” for “(and approved by the Administrator)”.

1974—Subsec. (a)(3). Pub. L. 93–319, § 6(a)(1), inserted reference to section 1857c–10(g) of this title (relating to energy-related authorities).

Subsecs. (b)(3), (c)(1)(C). Pub. L. 93–319, § 6(a)(2), (3), inserted reference to section 1857c–10(g) of this title.

1971—Subsec. (b)(2). Pub. L. 92–157, § 302(b), inserted “(A)” before “during” and “, or (B)” after “assumed enforcement”.

Subsec. (c)(1)(A). Pub. L. 92–157, § 302(c), inserted “(i)” before “during” and “, or (ii)” after “assumed enforcement”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1977 Amendment

Amendment by Pub. L. 95–95 effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title.

### Pending Actions and Proceedings

Suits, actions, and other proceedings lawfully commenced by or against the Administrator or any other officer or employee of the United States in his official capacity or in relation to the discharge of his official duties under act July 14, 1955, the Clean Air Act, as in effect immediately prior to the enactment of Pub. L. 95–95 [Aug. 7, 1977], not to abate by reason of the taking effect of Pub. L. 95–95, see section 406(a) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.

### Modification or Rescission of Rules, Regulations, Orders, Determinations, Contracts, Certifications, Authorizations, Delegations, and Other Actions

All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.

### Transfer of Functions

The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of this title.