Page:United States Statutes at Large Volume 104 Part 4.djvu/357

 PUBLIC LAW 101-549—NOV. 15, 1990 104 STAT. 2673 trator, the Administrator finds that violations of an applicable implementation plan or an approved permit program under title V are so widespread that such violations appear to result from a failure of the State in which the plan or permit program applies to enforce the plan or permit program effectively, the A(hninistrator shall so notify the State. In the case of a permit program, the notice shall be made in accordance with title V. If the Administrator finds such failure extends beyond the 30th day after such notice (90 days in the case of such permit program), the Administrator 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 or permit program (hereafter referred to in this section as 'period of federally assumed enforcement'), the Administrator may enforce any requirement or prohibition of such plan or permit program with respect to any person by— "(A) issuing an order requiring such person to comply with such requirement or prohibition, '(B) issuing an administrative penalty order in accordance with subsection (d), or "(C) bringing a civil action in accordance with subsection (b). "(3) EPA ENFORCEMENT OF OTHER REQUIREMENTS.— ExCOpt for a requirement or prohibition enforceable under the preceding provisions of this subsection, whenever, on the bsisis of any information available to the Administrator, the Administrator finds that any person has violated, or is in violation of, any other requirement or prohibition of this title, section 303 of title III, title rV, title V, or title 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 titles, or for the payment of any fee owed to the United States under this Act (other than title II), the Administrator may— "(A) issue an administrative penalty order in accordance with subsection (d), "(B) issue an order requiring such person to comply with such requirement or prohibition, "(C) bring a civil action in accordance with subsection (b) or section 305, or "(D) request the Attorney General to commence a criminal action in accordance with subsection (c). "(4) REQUIREMENTS FOR ORDERS. — An order issued under this subsection (other than an order relating to a violation of section 112) shall not take effect until the person to whom it is issued has had an opportunity to confer with the Administrator concerning the alleged 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 and 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

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