Page:United States Statutes at Large Volume 104 Part 4.djvu/366

 104 STAT. 2682 PUBLIC LAW 101-549—NOV. 15, 1990 (5) Insert the following at the end: "Prior to taking any action under this section, the Administrator shall consult with appropriate State and local authorities and attempt to confirm the accuracy of the information on which the action proposed to be taken is bsised. Any order issued by the Administrator under this section shall be effective upon issuance and shall remain in effect for a period of not more than 60 days, unless the Administrator brings an action pursuant to the first sentence of this section before the expiration of that period. Whenever the Administrator brings such an action within the 60-day period, such order shall remain in effect for an additional 14 days or for such longer period as may be authorized by the court in which such action is brought.". SEC. 705. CONTRACTOR LISTINGS. 42 USC 7606. Section 306(a) of the Clean Air Act is amended as follows: (1) Strike "113(c)(1)" and insert "113(c)". (2) Insert at the end thereof: "For convictions arising under section 113(c)(2), the condition giving rise to the conviction also shall be considered to include any substantive violation of this Act associated with the violation of 113(c)(2). The Administrator may extend this prohibition to other facilities owned or operated by the convicted person.". SEC. 706. JUDICIAL REVIEW PENDING RECONSIDERATION OF REGULA- TION. 42 USC 7607. Section 307(b)(1) of the Clean Air Act is amended (1) by adding at the end thereof: "The filing of a petition for reconsideration by the Administrator of any otherwise final rule or action shall not affect the finality of such rule or action for purposes of judicial review nor extend the time within which a petition for judicial review of such rule or action under this section may be filed, and shall not postpone the effectiveness of such rule or action."; and (2) striking "under section 113(d)" immediately before "under section 119" in the second sentence. SEC. 707. CITIZEN SUITS. 42 USC 7604. (a) CiviL PENALTIES.—Section 304(a) of the Clean Air Act is amended by inserting immediately before the period at the end thereof: ", and to apply any appropriate civil penalties (except for actions under paragraph (2))". (b) PENALTY FUND.— Section 304 of the Clean Air Act is amended by adding the following new subsection after subsection (f): "(g) PENALTY FUND.—(1) Penalties received under subsection (a) shall be deposited in a special fund in the United States Treasury for licensing and other services. Amounts in such fund are authorized to be appropriated and shall remsiin available until expended, for use by the Administrator to finance air compliance and Reports. enforcement activities. The Administrator shall annually report to the Congress about the sums deposited into the fund, the sources thereof, and the actual and proposed uses thereof. "(2) Notwithstanding paragraph (1) the court in any action under this subsection to apply civil penalties shall have discretion to order that such civil penalties, in lieu of being deposited in the fund referred to in paragraph (1), be used in beneficial mitigation projects which are consistent with this Act and enhance the public health or

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