; and (B) is more stringent than the applicable performance standards under subsection (d). (4) Enforcement procedures The Secretary shall assess a civil penalty, as provided under paragraph (2), in accordance with the procedures described in section 333(d) of the Energy Policy and Conservation Act ( 42 U.S.C. 6303(d) ). (5) Judicial review (A) In general Any person adversely affected by a final action taken by the Secretary under this section, other than the assessment of a civil penalty, may use the procedures for review described in section 336(b) of the Energy Policy and Conservation Act ( 42 U.S.C. 6306(b) ). (B) Reference In this paragraph, references to a rule in section 336(b) of the Energy Policy and Conservation Act ( 42 U.S.C. 6306(b) ) shall be considered to refer also to all other final actions of the Secretary under this section other than the assessment of a civil penalty. (h) State administration (1) In general Upon receipt of an application from the Governor of a State (including the Mayor of the District of Columbia), the Secretary may delegate to the State responsibility for administering this section within the territory of the State if the Secretary determines that the State will implement an energy efficiency program that meets or exceeds the requirements of this section, including— (A) achieving electricity savings and natural gas savings that are at least as great as those required under the applicable performance standards established under subsection (d); (B) reviewing reports and verifying electricity savings and natural gas savings achieved in the State (including savings transferred from outside the State)