
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7603]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 7603. Emergency powers

    Notwithstanding any other provision of this chapter, the 
Administrator, upon receipt of evidence that a pollution source or 
combination of sources (including moving sources) is presenting an 
imminent and substantial endangerment to public health or welfare, or 
the environment, may bring suit on behalf of the United States in the 
appropriate United States district court to immediately restrain any 
person causing or contributing to the alleged pollution to stop the 
emission of air pollutants causing or contributing to such pollution or 
to take such other action as may be necessary. If it is not practicable 
to assure prompt protection of public health or welfare or the 
environment by commencement of such a civil action, the Administrator 
may issue such orders as may be necessary to protect public health or 
welfare or the environment. 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 based. 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.

(July 14, 1955, ch. 360, title III, Sec. 303, as added Pub. L. 91-604, 
Sec. 12(a), Dec. 31, 1970, 84 Stat. 1705; amended Pub. L. 95-95, title 
III, Sec. 302(a), Aug. 7, 1977, 91 Stat. 770; Pub. L. 101-549, title 
VII, Sec. 704, Nov. 15, 1990, 104 Stat. 2681.)

                          Codification

    Section was formerly classified to section 1857h-1 of this title.


                            Prior Provisions

    A prior section 303 of act July 14, 1955, was renumbered section 310 
by Pub. L. 91-604 and is classified to section 7610 of this title.


                               Amendments

    1990--Pub. L. 101-549, Sec. 704(2)-(5), struck out subsec. (a) 
designation before ``Notwithstanding any other'', struck out subsec. (b) 
which related to violation of or failure or refusal to comply with 
subsec. (a) orders, and substituted new provisions for provisions 
following first sentence which read as follows: ``If it is not 
practicable to assure prompt protection of the health of persons solely 
by commencement of such a civil action, the Administrator may issue such 
orders as may be necessary to protect the health of persons who are, or 
may be, affected by such pollution source (or sources). Prior to taking 
any action under this section, the Administrator shall consult with the 
State and local authorities in order to confirm the correctness of the 
information on which the action proposed to be taken is based and to 
ascertain the action which such authorities are, or will be, taking. 
Such order shall be effective for a period of not more than twenty-four 
hours unless the Administrator brings an action under the first sentence 
of this subsection before the expiration of such period. Whenever the 
Administrator brings such an action within such period, such order shall 
be effective for a period of forty-eight hours or such longer period as 
may be authorized by the court pending litigation or thereafter.''
    Pub. L. 101-549, Sec. 704(1), which directed that ``public health or 
welfare, or the environment'' be substituted for ``the health of persons 
and that appropriate State or local authorities have not acted to abate 
such sources'', was executed by making the substitution for ``the health 
of persons, and that appropriate State or local authorities have not 
acted to abate such sources'' to reflect the probable intent of 
Congress.
    1977--Pub. L. 95-95 designated existing provisions as subsec. (a), 
inserted provisions that, if it is not practicable to assure prompt 
protection of the health of persons solely by commencement of a civil 
action, the Administrator may issue such orders as may be necessary to 
protect the health of persons who are, or may be, affected by such 
pollution source (or sources), that, prior to taking any action under 
this section, the Administrator consult with the State and local 
authorities in order to confirm the correctness of the information on 
which the action proposed to be taken is based and to ascertain the 
action which such authorities are, or will be, taking, that the order be 
effective for a period of not more than twenty-four hours unless the 
Administrator brings an action under the first sentence of this 
subsection before the expiration of such period, and that, whenever the 
Administrator brings such an action within such period, such order be 
effective for a period of forty-eight hours or such longer period as may 
be authorized by the court pending litigation or thereafter, and added 
subsec. (b).


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as 
otherwise expressly provided, see section 406(d) of Pub. L. 95-95, set 
out as a note under section 7401 of this title.


                     Pending Actions and Proceedings

    Suits, actions, and other proceedings lawfully commenced by or 
against 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 act July 14, 1955, the Clean Air Act, as in effect 
immediately prior to the enactment of Pub. L. 95-95 [Aug. 7, 1977], not 
to abate by reason of the taking effect of Pub. L. 95-95, see section 
406(a) of Pub. L. 95-95, set out as an Effective Date of 1977 Amendment 
note under section 7401 of this title.


       Modification or Rescission of Rules, Regulations, Orders, 
Determinations, Contracts, Certifications, Authorizations, Delegations, 
                            and Other Actions

    All rules, regulations, orders, determinations, contracts, 
certifications, authorizations, delegations, or other actions duly 
issued, made, or taken by or pursuant to act July 14, 1955, the Clean 
Air Act, as in effect immediately prior to the date of enactment of Pub. 
L. 95-95 [Aug. 7, 1977] to continue in full force and effect until 
modified or rescinded in accordance with act July 14, 1955, as amended 
by Pub. L. 95-95 [this chapter], see section 406(b) of Pub. L. 95-95, 
set out as an Effective Date of 1977 Amendment note under section 7401 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 7410, 7412, 7413, 7420, 
7429, 7607, 7661c, 9606 of this title; title 15 section 717z.
