Page:United States Statutes at Large Volume 100 Part 2.djvu/655

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1757

shall be given in such manner as the Administrator shall prescribe by regulation. (e) LIMITATION.—No action may be commenced under subsection (a) against an owner or operator of a facility if the Administrator has commenced and is diligently pursuing an administrative order or civil action to enforce the requirement concerned or to impose a civil penalty under this Act with respect to the violation of the requirement. if) COSTS.—The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to the prevailing or the substantially prevailing party whenever the court determines such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure. 18 USC app. (g) OTHER RIGHTS.—Nothing in this section shall restrict or State and local expand any right which any person (or class of persons) may have governments. under any Federal or State statute or common law to seek enforcement of any requirement or to seek any other relief (including relief against the Administrator or a State agency). (h) INTERVENTION.— (1) BY THE UNITED STATES.—In any action under this section

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the United States or the State, or both, if not a party, may intervene as a matter of right. (2) BY PERSONS.—In any action under this section, any person may intervene as a matter of right when such person has a direct interest which is or may be adversely affected by the action and the disposition of the action may, as a practical matter, impair or impede the person's ability to protect that interest unless the Administrator or the State shows that the person's interest is adequately represented by existing parties in the action.

SEC. 327. EXEMPTION.

Except as provided in section 304, this title does not apply to the transportation, including the storage incident to such transportation, of any substance or chemical subject to the requirements of this title, including the transportation and distribution of natural gas. SEC. 328. REGULATIONS.

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Natural gas. 42 USC 11047.

42 USC 11048.

The Administrator may prescribe such regulations as may be necessary to carry out this title. SEC. 329. DEFINITIONS.

.. For purposes of this title— (1) ADMINISTRATOR.—The term "Administrator" means the ,j Administrator of the Environmental Protection Agency. (2) ENVIRONMENT.—The term "environment" includes water, ,^ air, and land and the interrelationship which exists among and ]. between water, air, and land and all living things. (3) EXTREMELY HAZARDOUS SUBSTANCE.—The term "extremely hazardous substance" means a substance on the list described in 5 section 302(a)(2). 5 (4) FACILITY.—The term "facility" means all buildings, equipri ment, structures, and other stationary items which are located

42 USC 11049.

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