CITIZEN SUITS.

SEC. 707. CITIZEN SUITS. (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 remain available until expended, for use by the Administrator to finance air compliance and 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 104 STAT. 2683the environment. The court shall obtain the view of the Administrator in exercising such discretion and selecting any such projects. The amount of any such payment in any such action shall not exceed $100,000.”. (c) Intervention by EPA.— Paragraph (2) of section 304(c) of the Clean Air Act is amended to read as follows: “(2) In any action under this section, the Administrator, if not a party, may intervene as a matter of right at any time in the proceeding. A judgment in an action under this section to which the United States is not a party shall not, however, have any binding effect upon the United States.”. (d) Service of Complaint; Consent Judgments.— Section 304(c) of the Clean Air Act is amended by adding the following new paragraph after paragraph (2): “(3) Whenever any action is brought under this section the plaintiff shall serve a copy of the complaint on the Attorney General of the United States and on the Administrator. No consent judgment shall be entered in an action brought under this section in which the United States is not a party prior to 45 days following the receipt of a copy of the proposed consent judgment by the Attorney General and the Administrator during which time the Government may submit its comments on the proposed consent judgment to the court and parties or may intervene as a matter of right.”. (e) Other Requirements.— Section 304(f) of the Clean Air Act is amended by striking “any condition or requirement of section 113(d) (relating to certain enforcement orders)” in paragraph (3), by striking “part B of title I” in paragraph (3) and inserting in lieu thereof “title VI”, and by striking the period at the end of paragraph (3) and inserting or” and by adding the following new paragraph at the end thereof: “(4) any other standard, limitation, or schedule established under any permit issued pursuant to title V or under any applicable State implementation plan approved by the Administrator, any permit term or condition, and any requirement to obtain a permit as a condition of operations.”. (f) Unreasonable Delay.— Section 304(a) of the Clean Air Act is amended by adding the following at the end thereof: “The district courts of the United States shall have jurisdiction to compel (consistent with paragraph (2) of this subsection) agency action unreasonably delayed, except that an action to compel agency action referred to in section 307(b) which is unreasonably delayed may only be filed in a United States District Court within the circuit in which such action would be reviewable under section 307(b). In any such action for unreasonable delay, notice to the entities referred to in subsection (b)(1)(A) shall be provided 180 days before commencing such action.”. (g) Past Violations.— Section 304(a) of the Clean Air Act is amended by inserting immediately before “to be in violation” in paragraphs (1) and (3) “to have violated (if there is evidence that the alleged violation has been repeated) or”. The amendment made by this subsection shall take effect with respect to actions brought after the date 2 years after the enactment of the Clean Air Act Amendments of 1990. (h) Deferred Actions.— Section 307(b)(2) of the Clean Air Act is amended by adding the following at the end thereof: “Where a final decision by the Administrator defers performance of any non-104 STAT. 2684discretionary statutory action to a later time, any person may challenge the deferral pursuant to paragraph (1).”.