Page:United States Statutes at Large Volume 104 Part 4.djvu/368

 104 STAT. 2684 PUBLIC LAW 101-549—NOV. 15, 1990 discretionary statutory action to a later time, any person may challenge the deferral pursuant to paragraph (1).". SEC. 708. ENHANCED IMPLEMENTATION AND ENFORCEMENT OF NEW SOURCE REVIEW REQUIREMENTS. 42 USC 7477. Section 167 of the Clean Air Act is amended by striking "the construction of a major emitting facility" and inserting "the construction or modification of a major emitting facility". SEC. 709. MOVABLE STATIONARY SOURCES. 42 USC 7602. Section 302 of the Clean Air Act is amended by adding the following subsection at the end thereof: "(z) STATIONARY SOURCE.—The term 'stationary source' means generally any source of an air pollutant except those emissions resulting directly from an internal combustion engine for transportation purposes or from a nonroad engine or nonroad vehicle as defined in section 216.". SEC. 710. ENFORCEMENT OF NEW TITLES OF THE ACT. 42 USC 7420. (a) SECTION 120.— Section 120(a)(2)(A) of the Clean Air Act is amended as follows: (1) Insert ", 167, 303," after "111" in clause (ii). (2) Redesignate clause (iii) as (iv) and in new clause (iv) strike "clause (i) or (ii)", and insert "clause (i), (ii), or (iii)". (3) Insert the following new clause after clause (ii)— "(iii) a stationary source which is not in compliance with any requirement of title IV, V, or VI of this Act, or". 42 USC 7607. (b) SECTION 307.— Section 307(d)(1)(H) of the Clean Air Act is amended by striking out "subtitle B of title I" and inserting "title VI". 42 USC 7401 SEC. 711. SAVINGS PROVISIONS AND EFFECTIVE DATES. (a) SAVINGS PROVISIONS. —Except as otherwise expressly provided in this Act, no suit, action, or other proceeding lawfully commenced by 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 the Clean Air Act, as in effect immediately prior to the date of enactment of this Act, shall abate by reason of the taking effect of the amendments made by this Act. (b) EFFECTIVE DATES. — (1) Except as otherwise expressly provided, the amendments made by this Act shall be effective on the date of enactment of this Act. (2) The Administrator's authority to assess civil penalties under section 205(c) of the Clean Air Act, as amended by this Act, shall apply to violations that occur or continue on or after the date of enactment of this Act. Civil penalties for violations that occur prior to such date and do not continue after such date shall be assessed in accordance with the provisions of the Clean Air Act in effect immediately prior to the date of enactment of this Act. (3) The civil penalties prescribed under sections 205(a) and 211(d)(1) of the Clean Air Act, as amended by this Act, shall apply to violations that occur on or after the date of enactment of this Act. Violations that occur prior to such date shall be subject to the civil penalty provisions prescribed in sections 205(a) and 211(d) of the Clean Air Act in effect immediately prior to the enactment of this Act. The injunctive authority prescribed under section 211(d)(2) of

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