Page:United States Statutes at Large Volume 93.djvu/793

 PUBLIC LAW 96-102—NOV. 5, 1979

93 STAT. 761

tions of energy use on any specific class of industry, business, or commercial enterprise, or any individual segment thereof, (C) that the requirements of this part regarding the plan have not been met, or (D) that a measure described in subsection (b)(1) is— (i) inconsistent with any otherwise applicable Federal law (including any rule or regulation under such law), (ii) an undue burden on interstate commerce, or (iii) a tax, tariff, or user fee not authorized by State law. (2) Any measure contained in a State plan shall become effective in that State on the date the Secretary approves the plan under this subsection or such later date as may be prescribed in, or pursuant to, the plan. (d) STATE ADMINISTRATION AND ENFORCEMENT.—(1) The authority

to administer and enforce any measure described in subsection (b)(l)(B) which is in a State plan approved under this section is hereby delegated to the Governor of the State and the other State and local officers and employees designated by the Governor. Such authority includes the authority to institute actions on behalf of the United States for the imposition and collection of civil penalties under subsection (e). (2) All delegation of authority under paragraph (1) with respect to any State shall be considered revoked effective upon a determination by the President that such delegation should be revoked, but only to the extent of that determination. (3) If at any time the conditions of subsection (b)(l)(B)(ii) are no Statement to longer satisfied in any State with respect to any measure for which a S^J® j'ii"^ ^^^ delegation has been made under paragraph (1), the attorney general President. of that State shall transmit a written statement to that effect to the Governor of that State and to the President. Such delegation shall be considered revoked effective upon receipt by the President of such written statement and a determination by the President that such conditions are no longer satisfied, but only to the extent of that determination and consistent with such attorney general's statement. (4) Any revocation under paragraph (2) or (3) shall not affect any action or pending proceedings, administrative or civil, not finally determined on the date of such revocation, nor any administrative or civil action or proceeding, whether or not pending, based upon any act committed or liability incurred prior to such revocation. (e) CIVIL PENALTY.—(1) Whoever violates the requirements of any

measure described in subsection (b)(1)(B) which is in a State plan in effect under this section shall be subject to a civil penalty of not to exceed $1,000 for each violation. (2) Any penalty under paragraph (1) may be assessed by the court in any action brought in any appropriate United States district court or any other court of competent jurisdiction. Except to the extent provided in p a r ^ r a p h (3), any such penalty collected shall be deposited into the general fund of the United States Treasury as miscellaneous receipts. (3) The Secretary may enter into an agreement with the Governor of any State under which amounts collected pursuant to this subsection may be collected and retained by the State to the extent necessary to cover costs incurred by that State in connection with the administration and enforcement of measures the authority for which is delegated under subsection (d).

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