§ 7411. Standards of performance for new stationary sources

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1955

   Clean Air Amendments of 1970

   Pub. L. 91–604 § 4(a) · 84 Stat. 1676

   Enacted · 42 U.S.C. § 7411

   July 14, 1955, ch. 360, title I, § 111, as added Pub. L. 91–604, § 4(a), Dec. 31, 1970, 84 Stat. 1683

   Source evidence

   Code source credit
   July 14, 1955, ch. 360, title I, § 111, as added Pub. L. 91–604, § 4(a), Dec. 31, 1970, 84 Stat. 1683

   Enacted provision · exact public law section
   (a) The Clean Air Act is amended by striking out section 107; by redesignating sections 108, 109, 110, and 111 as 115, 116, 117, and 118, respectively; and by inserting after section 106 the following new sections: “Sec. 107. “air quality control regions (a) Each State shall have the primary responsibility for assuring air quality within the entire geographic area comprising such State by submitting an implementation plan for such State which will specify the manner in which national primary and secondary ambient air quality standards will be achieved and maintained within each air quality control region in such State. “(b) For purposes of developing and carrying out implementation Post, p. 1680. plans under section 110— “(1) an air quality control region designated under this section before the date of enactment of the Clean Air Amendments of 1970, or a region designated after such date under subsection (c), shall be an air quality control region; and “(2) the portion of such State which is not part of any such designated region shall be an air quality control region, but such portion may be subdivided by the State into two or more air quality control regions with the approval of the Administrator. “(c) The Administrator shall, within 90 days after the date of enactment of the Clean Air Amendments of 1970, after consultation with appropriate State and local authorities, designate as an air quality control region any interstate area or major intrastate area which he deems necessary or appropriate for the attainment and maintenance of ambient air quality standards. The Administrator shall immediately notify the Governors of the affected States of any designation made under this subsection. “Sec. 108. “air quality criteria and control techniques (a) (1) For the purpose of establishing national primary and secondary ambient air quality standards, the Administrator shall within 30 days after the date of enactment of the Clean Air Amendments of 1970 publish, and shall from time to time thereafter revise, a list which includes each air pollutant— “(A) which in his judgment has an adverse effect on public health or welfare; “(B) the presence of which in the ambient air results from numerous or diverse mobile or stationary sources; and “(C) for which air quality criteria had not been issued before the date of enactment, of the Clean Air Amendments of 1970, but for which he plans to issue air quality criteria under this section. “(2) The Administrator shall issue air quality criteria for an air pollutant within 12 months after he has included such pollutant in a list under paragraph (1). Air quality criteria for an air pollutant shall accurately reflect the latest scientific knowledge useful in indicating the kind and extent of all identifiable effects on public health or welfare which may be expected from the presence of such pollutant in the ambient air, in varying quantities. The criteria for an air pollutant, to the extent practicable, shall include information on— “(A) those variable factors (including atmospheric conditions) which of themselves or in combination with other factors may alter the effects on public health or welfare of such air pollutant; “(B) the types of air pollutants which, when present in the atmosphere, may interact with such pollutant to produce an adverse effect on public health or welfare; and “(C) any known or anticipated adverse effects on welfare. “(b) (1) Simultaneously with the issuance of criteria under subsection (a), the Administrator shall, after consultation with appropriate advisory committees and Federal departments and agencies, issue to the States and appropriate air pollution control agencies information on air pollution control techniques, which information shall include data relating to the technology and costs of emission control. Such information shall include such data as are available on available technology and alternative methods of prevention and control of air pollution. Such information shall also include data on alternative fuels, processes, and operating methods which will result in elimination or significant reduction of emissions. “(2) In order to assist in the development of information on pollution Standing consulting committees, establishment. control techniques, the Administrator may establish a standing consulting committee for each air pollutant included in a list published pursuant to subsection (a)(1), which shall be comprised of technically qualified individuals representative of State and local governments, industry, and the academic community. Each such committee shall submit, as appropriate, to the Administrator information related to that required by paragraph (1). “(c) The Administrator shall from time to time review, and, as appropriate, modify, and reissue any criteria or information on control techniques issued pursuant to this section. “(d) The issuance of air quality criteria and information on air Publication in Federal Register. pollution control techniques shall be announced in the Federal Register and copies shall be made available to the general public. “Sec. 109. “national ambient air quality standards (a) (1) The Administrator— “(A) within 30 days after the date of enactment of the Glean Air Amendments of 1970, shall publish proposed regulations prescribing a national primary ambient air quality standard and a national secondary ambient air quality standard for each air pollutant for which air quality criteria have been issued prior to such date of enactment; and “(B) after a reasonable time for interested persons to submit written comments thereon (but no later than 90 days after the initial publication of such proposed standards) shall by regulation promulgate such proposed national primary and secondary ambient air quality standards with such modifications as he deems appropriate. “(2) With respect to any air pollutant for which air quality criteria are issued after the date of enactment of the Clean Air Amendments of 1970, the Administrator shall publish, simultaneously with the issuance of such criteria and information, proposed national primary and secondary ambient air quality standards for any such pollutant. The procedure provided for in paragraph (1) (B) of this subsection shall apply to the promulgation of such standards. “(b) (1) National primary ambient air quality standards, prescribed under subsection (a) shall be ambient air quality standards the attainment and maintenance of which in the judgment of the Administrator, based on such criteria and allowing an adequate margin of safety, are requisite to protect the public health. Such primary’ standards may be revised in the same manner as promulgated. “(2) Any national secondary ambient air quality standard prescribed under subsection (a) shall specify a level of air quality the attainment and maintenance of which in the judgment of the Administrator, based on such criteria, is requisite to protect the public welfare from any known or anticipated adverse effects associated with the presence of such air pollutant in the ambient air. Such secondary standards may be revised in the same manner as promulgated. “Sec. 110. “implementation plans (a) (1) Each State shall, after reasonable notice and public hearings, adopt, and submit to the Administrator, within nine months after the promulgation of a national primary ambient air Ante, p. 1679. quality standard (or any revision thereof) under section 109 for any air pollutant, a plan which provides for implementation, maintenance, and enforcement of such primary standard in each air quality control region (or portion thereof) within such State. In addition, such State shall adopt, and submit to the Administrator (either as a part of a plan submitted under the preceding sentence or separately) within nine months after the promulgation of a national ambient air quality secondary standard (or revision thereof), a plan which provides for implementation, maintenance, and enforcement of such secondary standard in each air quality control region (or portion thereof) within such State. Unless a separate public hearing is provided, each State shall consider its plan implementing such secondary standard at the hearing required by the first sentence of this paragraph. “(2) The Administrator shall, within four months after the date required for submission of a plan under paragraph (1), approve or disapprove such plan or each portion thereof. The Administrator shall approve such plan, or any portion thereof, if he determines that it was adopted after reasonable notice and hearing and that— “(A) (i) in the case of a plan implementing a national primary ambient air quality standard, it provides for the attainment of such primary standard as expeditiously as practicable but (subject to subsection (e)) in no case later than three years from the date of approval of such plan (or any revision thereof to take account of a revised primary standard); and (ii) in the case of a plan implementing a national secondary ambient air quality standard, it specifies a reasonable time at which such secondary standard will be attained; “(B) it includes emission limitations, schedules, and timetables for compliance with such limitations, and such other measures as may be necessary to insure attainment and maintenance of such primary or secondary standard, including, but not limited to, land-use and transportation controls; “(C) it includes provision for establishment and operation of appropriate devices, methods, systems, and procedures necessary to (i) monitor, compile, and analyze data on ambient air quality and, (ii) upon request, make such data available to the Administrator; “(D) it includes a procedure, meeting the requirements of paragraph (4), for review (prior to construction or modification) of the location of new sources to which a standard of performance will apply; “(E) it contains adequate provisions for intergovernmental cooperation, including measures necessary to insure that emissions of air pollutants from sources located in any air quality control region will not interfere with the attainment or maintenance of such primary or secondary standard in any portion of such region outside of such State or in any other air quality control region; “(F) it provides (i) necessary assurances that the State will have adequate personnel, funding, and authority to carry out such implementation plan, (ii) requirements for installation of equipment by owners or operators of stationary sources to monitor emissions from such sources, (iii) for periodic reports on the nature and amounts of such emissions; (iv) that such reports shall be correlated by the State agency with any emission limitations or standards established pursuant to this Act, which reports shall be available at reasonable times for public inspection; and (v) for authority comparable to that in section 303, and adequate contingency plans to implement such authority; “(G) it provides, to the extent necessary and practicable, for periodic inspection and testing of motor vehicles to enforce compliance with applicable emission standards; and “(H) it provides for revision, after public hearings, of such plan (i) from time to time as may be necessary to take account of revisions of such national primary or secondary’ ambient air quality standard or the availability of improved or more expeditious methods of achieving such primary or secondary standard; or (ii) whenever the Administrator finds on the basis of information available to him that the plan is substantially inadequate to achieve the national ambient air quality primary or secondary standard which it implements. “(3) The Administrator shall approve any revision of an implementation plan applicable to an air quality control region if he determines that it meets the requirements of paragraph (2) and has been adopted by the State after reasonable notice and public hearings. “(4) The procedure referred to in paragraph (2) (D) for review, prior to construction or modification, of the location of new sources shall (A) provide for adequate authority to prevent the construction or modification of any new source to which a standard of performance under section 111 will apply at any location which the State determines will prevent the attainment or maintenance within any air quality control region (or portion thereof) within such State of a national ambient air quality primary or secondary standard, and (B) require that prior to commencing construction or modification of any such source, the owner or operator thereof shall submit to such State such information as may be necessary to permit the State to make a determination under clause (A). “(b) The Administrator may, wherever he determines necessary, Extension. extend the period for submission of any plan or portion thereof which implements a national secondary ambient air quality standard for a period not to exceed 18 months from the date otherwise required for submission of such plan. “(c) The Administrator shall, after consideration of any State Proposed regulations, publication. hearing record, promptly prepare and publish proposed regulations setting forth an implementation plan, or portion thereof, for a State if— “(1) the State fails to submit an implementation plan for any national ambient air quality primary or secondary standard within the time prescribed, “(2) the plan, or any portion thereof, submitted for such State is determined by the Administrator not to be in accordance with the requirements of this section, or “(3) the State fails, within 60 days after notification by the Administrator or such longer period as he may prescribe, to revise an implementation plan as required pursuant to a provision of its plan referred to in subsection (a)(2)(H). Hearings. If such State held no public hearing associated with respect to such plan (or revision thereof), the Administrator shall provide opportunity for such hearing within such State on any proposed regulation. The Administrator shall, within six months after the date required for submission of such plan (or revision thereof), promulgate any such regulations unless, prior to such promulgation, such State has adopted and submitted a plan (or revision) which the Administrator determines to be in accordance with the requirements of this section. “(d) For purposes of this Act, an applicable implementation plan is the implementation plan, or most recent revision thereof, which has been approved under subsection (a) or promulgated under subsection (c) and which implements a national primary or secondary ambient air quality standard in a State. “(e) (1) Upon application of a Governor of a State at the time of submission of any plan implementing a national ambient air quality primary standard, the Administrator may (subject to paragraph (2)) extend the three-year period referred to in subsection (a)(2) (A) (i) for not more than two years for an air quality control region if after review of such plan the Administrator determines that— “(A) one or more emission sources (or classes of moving sources) are unable to comply with the requirements of such plan which implement such primary standard because the necessary technology or other alternatives are not available or will not be available soon enough to permit compliance within such three-year period, and “(B) the State has considered and applied as a part of its plan reasonably available alternative means of attaining such primary standard and has justifiably concluded that attainment of such primary standard within the three years cannot be achieved. “(2) The Administrator may grant an extension under paragraph (1) only if he determines that the State plan provides for— “(A) application of the requirements or the plan which implement such primary standard to all emission sources in such region other than the sources (or classes) described in paragraph (1) (A) within the three-year period, and “(B) such interim measures of control of the sources (or classes) described in paragraph (1) (A) as the Administrator determines to be reasonable under the circumstances. “(f) (1) Prior to the date on which any stationary source or class of moving sources is required to comply with any requirement of an applicable implementation plan the Governor of the State to which such plan applies may apply to the Administrator to postpone the applicability’ of such requirement to such source (or class) for not more than one year. If the Administrator determines that— “(A) good faith efforts have been made to comply with such requirement before such date, “(B) such source (or class) is unable to comply with such requirement because the necessary technology or other alternative methods of control are not available or have not been available for a sufficient period of time, “(C) any available alternative operating procedures and interim control measures have reduced or will reduce the impact of such source on public health, and “(D) the continued operation of such source is essential to national security or to the public health or welfare, then the Administrator shall grant a postponement of such requirement. “(2) (A) Any determination under paragraph (1) shall (i) be Notice, hearing. made on the record after notice to interested persons and opportunity for hearing, (ii) be based upon a fair evaluation of the entire record at such hearing, and (iii) include a statement setting forth in detail the findings and conclusions upon which the determination is based. “(B) Any determination made pursuant to this paragraph shall Judicial review. be subject to judicial review by the United States court of appeals for the circuit which includes such State upon the filing in such court, within 30 days from the date of such decision of a petition by any interested person praying that the decision be modified or set aside in whole or in part. A copy of the petition shall forthwith be sent by registered or certified mail to the Administrator and thereupon the Administrator shall certify and file in such court the record upon which the final decision complained of was issued, as provided in section 2112 of title 28, Linked States Code. Upon the filing of such petition 72 Stat. 941; 80 Stat. 1323. the court shall have jurisdiction to affirm or set aside the determination complained of in whole or in part. The findings of the Administrator with respect to questions of fact (including each determination made under subparagraphs (A), (B), (C), and (D) of paragraph (1)) shall be sustained if based upon a fair evaluation of the entire record at such hearing. “(C) Proceedings before, the court, under this paragraph shall take precedence over all the other causes of action on the docket and shall be assigned for hearing and decision at the earliest practicable date and expedited in every way. “(D) Section 307(a) (relating to subpenas) shall be applicable to Post, p. 1707. any proceeding under this subsection. “Sec. 111. “standards of performance for new stationary sources (a) For purposes of this section: Definitions. “(1) The term ‘standard of performance’ means a standard for emissions of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction) the Administrator determines has been adequately demonstrated. “(2) The term ‘new source” means any stationary source, the construction or modification of which is commenced after the publication of regulations (or, if earlier, proposed regulations) prescribing a standard of performance under this section which will be applicable to such source. “(3) The term ‘stationary source’ means any building, structure, facility, or installation which emits or may emit any air pollutant. “(4) The term ‘modification’ means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted, “(5) The term ‘owner or operator’ means any person who owns, leases, operates, controls, or supervises a stationary source. “(6) The term ‘existing source’ means any stationary source other than a new source. “(b) (1) (A) The Administrator shall, within 90 days after the date of enactment of the Clean Air Amendments of 1970, publish (and from time to time thereafter shall revise) a list of categories of stationary sources. He shall include a category of sources in such list if he determines it may contribute significantly to air pollution which causes or contributes to the endangerment of public health or welfare. “(B) Within 120 days after the inclusion of a category of stationary sources in a list under subparagraph (A), the Administrator shall propose regulations, establishing Federal standards of performance for new sources within such category. The Administrator shall afford interested persons an opportunity for written comment on such proposed regulations. After considering such comments, he shall promulgate, within 90 days after such publication, such standards with such modifications as he deems appropriate. The Administrator may, from time to time, revise such standards following the procedure required by this subsection for promulgation of such standards. Standards of performance or revisions thereof shall become effective upon promulgation. “(2) The Administrator may distinguish among classes, types, and sizes within categories of new sources for the purpose of establishing such standards. “(3) The Administrator shall, from time to time, issue information on pollution control techniques for categories of new sources and air pollutants subject to the provisions of this section. “(4) The provisions of this section shall apply to any new source owned or operated by the United States. “(c) (1) Each State may develop and submit to the Administrator a procedure for implementing and enforcing standards of performance for new sources located in such State. If the Administrator finds the State procedure is adequate, he shall delegate to such State any authority he has under this Act to implement and enforce such standards (except with respect to now sources owned or operated by the United States). “(2) Nothing in this subsection shall prohibit the Administrator from enforcing any applicable standard of performance under this section. “(d) (1) The Administrator shall prescribe regulations which shall establish a procedure similar to that provided by section 110 under which each State shall submit to the Administrator a plan which (A) establishes emission standards for any existing source for any air pollutant (i) for which air quality criteria have not been issued or which is not included on a list published under section 108(a) or 112 Ante, p. 1678; Post, p. 1685. (b) (1) (A) but (ii) to which a standard of performance under subsection (b) would apply if such existing source were a new source, and (B) provides for the implementation and enforcement of such emission standards. “(2) The Administrator shall have the same authority— “(A) to prescribe a plan for a State in cases where the State fails to submit a satisfactory plan as he would have under section 110(c) in the case of failure to submit an implementation plan, and “(B) to enforce the provisions of such plan in cases where the State fails to enforce them as he would have under sections 113 Post, p. 1686. and 114 with respect to an implementation plan. “(e) After the effective date of standards of performance promulgated under this section, it shall be mil awful for any owner or operator of any new source to operate such source in violation of any standard of performance, applicable to such source. “Sec. 112. “national emission standards for hazardous air pollutants (a) For purposes of this section— Definitions. “(1) The term ‘hazardous air pollutant’ means an air pollutant to which no ambient air quality standard is applicable and which in the judgment of the Administrator may cause, or contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. “(2) The term ‘new source’ means a stationary source the construction or modification of which is commenced after the Administrator proposes regulations under this section establishing an emission standard which will be applicable to such source. “(3) The terms ‘stationary source’, ‘modification’, ‘owner or operator’ and ‘existing source’ shall have the same meaning as such terms have under section 111(a). Ante, p. 1683. “(b) (1) (A) The Administrator shall, within 90 days after the date List, publication. of enactment of the Clean Air Amendments of 1970, publish (and shall from time to time thereafter revise) a list which includes each hazardous air pollutant for which he intends to establish an emission standard under this section. “(B) Within 180 days after the inclusion of any air pollutant in Proposed regulations; hearing. such list, the Administrator shall publish proposed regulations establishing emission standards for such pollutant together with a notice of a public hearing within thirty days. Not later than 180 days after such publication, the Administrator shall prescribe an emission standard for such pollutant, unless he finds, on the basis of information presented at such hearings, that such pollutant clearly is not a hazardous air pollutant. The Administrator shall establish any such standard at the level which in his judgment provides an ample margin of safety to protect the public health from such hazardous air pollutant. “(C) Any emission standard established pursuant to this section shall become effective upon promulgation. “(2) The Administrator shall, from time to time, issue information on pollution control techniques for air pollutants subject to the provisions of this section. “(c) (1) After the effective date of any emission standard under this section— “(A) no person may construct any new source or modify any existing source which, in the Administrator’s judgment, will emit an air pollutant to which such standard applies unless the Administrator finds that such source if properly operated will not cause emissions in violation of such standard, and “(B) no air pollutant to which such standard applies may be emitted from any stationary source in violation of such standard, except that in the case of an existing source— “(i) such standard shall not apply until 90 days after its effective date, and “(ii) the Administrator may grant a waiver permitting such source a period of up to two years after the effective date of a standard to comply with the standard, if he finds that such period is necessary for the installation of controls and that steps will be taken during the period of the waiver to assure that the health of persons will be protected from imminent endangerment. Presidential exemption. “(2) The President may exempt any stationary source from compliance with paragraph (I) for a period of not more than two years if he finds that the technology to implement such standards is not available and the operation of such source is required for reasons of national security. An exemption under this paragraph may be extended Extension. for one or more additional periods, each period not to exceed two years. Report to Congress. The President shall make a report to Congress with respect to each exemption (or extension thereof) made under this paragraph. “(d) (1) Each State may develop and submit to the Administrator a procedure for implementing and enforcing emission standards for hazardous air pollutants for stationary sources located in such State. If the Administrator finds the State procedure is adequate, he shall delegate to such State any authority he has under this Act to implement and enforce such standards (except with respect to stationary sources owned or operated by the United States). “(2) Nothing in this subsection shall prohibit the Administrator from enforcing any applicable emission standard under this section. “Sec. 113. “federal enforcement (a) (1) Whenever, on the basis of any information available to him, the Administrator finds that any person is in violation of any requirement of an applicable implementation plan, the Administrator shall notify the person in violation of the plan and the State Compliance order. in which the plan applies of such finding. If such violation extends beyond the 30th day after the date of the Administrators notification, the Administrator may issue an order requiring such person to comply with the requirements of such plan or he may bring a civil action in accordance with subsection (b). “(2) Whenever, on the basis of information available to him, the Administrator finds that violations of an applicable implementation plan are so widespread that such violations appear to result from a failure of the State in which the plan applies to enforce the plan effectively, he shall so notify the State. If the Administrator finds such failure extends beyond the 30th day after such notice, he shall give public notice of such finding. During the period beginning with such public notice and ending when such State satisfies the Administrator that it will enforce such plan (hereafter referred to in this section as ‘period of federally assigned enforcement’), the Administrator may enforce any requirement of such plan with respect to any person— “(A) by issuing an order to comply with such requirement, or “(B) by bringing a civil action under subsection (b). “(3) Whenever, on the basis of any information available to him, the Administrator finds that any person is in violation of section 111 Ante, pp. 1684 1685. (e) (relating to new source performance standards) or 112(c) (relating to standards for hazardous emissions), or is in violation of any Post, p. 1687. requirement of section 114 (relating to inspections, etc.), he may issue an order requiring such person to comply with such section or requirement, or he may bring a civil action in accordance with subsection (b). “(4) An order issued under this subsection (other than an order relating to a violation of section 112) shall not take effect until the person to whom it is issued has had an opportunity to confer with the Administrator concerning the alleged violation. A copy of any order issued under this subsection shall be sent to the State air pollution control agency of any State in which the violation occurs. Any order issued under this subsection shall state with reasonable specificity the nature of the violation, specify a time for compliance which the Administrator determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. In any case in which an order under this subsection (or notice to a violator under paragraph (1)) is issued to a corporation, a copy of such order (or notice) shall be issued to appropriate corporate officers. “(b) The Administrator may commence a civil action for appropriate relief, including a permanent or temporary injunction, whenever any person— “(1) violates or fails or refuses to comply with any order issued under subsection (a); or “(2) violates any requirement of an applicable implementation plan during any period of Federally assumed enforcement more than 30 days after having been notified by the Administrator under subsection (a) (1) of a finding that such person is violating such requirement; or “(3) violates section 111(e) or 112(c); or Ante, pp. 1683, 1685. “(4) fails or refuses to comply with any requirement of section 114. Infra. Any action under this subsection may be brought in the district court Notice; U.S, district court. of the United States for the district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to restrain such violation and to require compliance. Notice of the commencement of such action shall be given to the appropriate State air pollution control agency. “(c) (1) Any person who knowingly— Penalty. “(A) violates any requirement of an applicable implementation plan during any period of Federally assumed enforcement more than 30 days after having been notified by the Administrator under subsection (a) (1) that such person is violating such requirement, or “(B) violates or fails or refuses to comply with any order issued by the Administrator under subsection (a), or “(C) violates section 111(e) or section 112(c). shall be punished by a fine of not more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after the first conviction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both. “(2) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document, filed or required to be maintained under this Act or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this Act, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both. “Sec. 114. “inspections, monitoring, and entry (a) For the purpose (i) of developing or assisting in the development of any implementation plan under section 110 or 111(d), Ante, p. 1680. any standard of performance under section 111, or any emission standard under section 112, (ii) of determining whether any person is in violation of any such standard or any requirement of such a plan, or (iii) carrying out section 303— Post, p. 1705. “(1) the Administrator may require the owner or operator of any emission source to (A) establish and maintain such records, (B) make such reports, (C) install, use, and maintain such monitoring equipment or methods, (D) sample such emissions (in accordance with such methods, at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and (E) provide such other information as he may reasonably require; and “(2) the Administrator or his authorized representative, upon presentation of his credentials— “(A) shall have a right of entry to, upon, or through any premises in which an emission source is located or in which any records required to be maintained under paragraph (1) of this section are located, and “(B) may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required under paragraph (1), and sample any emissions which the owner or operator of such source is required to sample under paragraph (1). “(b) (1) Each State may develop and submit to the Administrator a procedure for carrying out this section in such State. If the Administrator finds the State procedure, is adequate, he may delegate to such State any authority he has to carry out this section (except with respect to new sources owned or operated by the United States). “(2) Nothing in this subsection shall prohibit the Administrator from carrying out this section in a State. “(c) Any records, reports or information obtained under subsection (a) shall be. available to the public, except that upon a showing satisfactory to the Administrator by any person that records, reports, or information, or particular part thereof, (other than emission data) to which the Administrator has access under this section if made public, would divulge methods or processes entitled to protection as trade secrets of such person, the Administrator shall consider such record, report, or information or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18 of the United 62 Stat. 791. States Code, except that such record, report, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this Act or when relevant in any proceeding under this Act.”

2. 1971

   Pub. L. 92–157 title III § 302(f) · 85 Stat. 431

   Substituted · 42 U.S.C. § 7411(b)(1)(B)

   Pub. L. 92–157 substituted in first sentence “publish proposed” for “propose”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(B). Pub. L. 92–157 substituted in first sentence “publish proposed” for “propose”.

   Enacted provision · exact public law section
   (f) The first sentence of section 111(b)(1)(B) of the Clean Air Act is amended by striking out “propose” and inserting in lieu thereof “publish proposed”.

3. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 § 109(c)(1)(A) · 91 Stat. 685

   1. Added · 42 U.S.C. § 7411(a)(1)

      Pub. L. 95–95, § 109(c)(1)(A), added subpars. (A), (B), and (C)

   2. Substituted · 42 U.S.C. § 7411(a)(1)

      Pub. L. 95–95, § 109(c)(1)(A), substituted “For the purpose of subparagraphs (A)(i) and (ii) and (B), a standard of performance shall reflect” for “a standard for emissions of air pollutants which reflects” in existing provisions

   3. Substituted · 42 U.S.C. § 7411(a)(1)

      Pub. L. 95–95, § 109(c)(1)(A), substituted “and the percentage reduction achievable” for “achievable” in existing provisions

   4. Substituted · 42 U.S.C. § 7411(a)(1)

      Pub. L. 95–95, § 109(c)(1)(A), substituted “technological system of continuous emission reduction which (taking into consideration the cost of achieving such emission reduction, and any nonair quality health and environment impact and energy requirements)” for “system of emission reduction which (taking into account the cost of achieving such reduction)” in existing provisions

   5. Inserted · 42 U.S.C. § 7411(a)(1)

      Pub. L. 95–95, § 109(c)(1)(A), inserted provision that, for the purpose of subparagraph (1)(A)(ii), any cleaning of the fuel or reduction in the pollution characteristics of the fuel after extraction and prior to combustion may be credited, as determined under regulations promulgated by the Administrator, to a source which burns such fuel

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 95–95, § 109(c)(1)(A), added subpars. (A), (B), and (C), substituted “For the purpose of subparagraphs (A)(i) and (ii) and (B), a standard of performance shall reflect” for “a standard for emissions of air pollutants which reflects”, “and the percentage reduction achievable” for “achievable”, and “technological system of continuous emission reduction which (taking into consideration the cost of achieving such emission reduction, and any nonair quality health and environment impact and energy requirements)” for “system of emission reduction which (taking into account the cost of achieving such reduction)” in existing provisions, and inserted provision that, for the purpose of subparagraph (1)(A)(ii), any cleaning of the fuel or reduction in the pollution characteristics of the fuel after extraction and prior to combustion may be credited, as determined under regulations promulgated by the Administrator, to a source which burns such fuel.

   Enacted provision · exact public law section
   (A) Section 111(a)(1) of the Clean Air Act, defining “Standard of performance.” standard of performance, is amended to read as follows: “(1) The term ‘standard of performance’ means— “(A) with respect to any air pollutant emitted from a category of fossil fuel fired stationary sources to which subsection Infra. (b) applies, a standard— “(i) establishing allowable emission limitations for such category of sources, and “(ii) requiring the achievement of a percentage reduction in the emissions from such category of sources from the emissions which would have resulted from the use of fuels which are not subject to treatment, prior to combustion, “(B) with respect to any air pollutant emitted from a category of stationary sources (other than fossil fuel fired sources) to which subsection (b) applies, a standard such as that referred to in subparagraph (A)(i); and “(C) with respect to any air pollutant emitted from a particular source to which subsection (d) applies, a standard which the State (or the Administrator under the conditions Ante, p. 699. specified in subsection (d)(2)) determines is applicable to that source and which reflects the degree of emission reduction achievable through the application of the best system of continuous emission reduction which (taking into consideration the cost of achieving such emission reduction, and any non air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated for that category of sources. For the purpose of subparagraphs (A)(i) and (ii) and (B), a standard of performance shall reflect the degree of emission limitation and the percentage reduction achievable through application of the best technological system of continuous emission reduction which (taking into consideration the cost of achieving such emission reduction, any non air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. For the purpose of subparagraph (1)(A)(ii), any cleaning of the fuel or reduction in the pollution characteristics of the fuel after extraction and prior to combustion may be credited, as determined under regulations promulgated by the Administrator, to a source which burns such fuel.”.

   Effective date note
   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.

4. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 § 109(c)(1)(B) · 91 Stat. 685

   Added · 42 U.S.C. § 7411(a)(7)

   Pub. L. 95–95, § 109(c)(1)(B), added par. (7) defining “technological system of continuous emission reduction”

   Source evidence

   Code amendment note
   Subsec. (a)(7). Pub. L. 95–95, § 109(c)(1)(B), added par. (7) defining “technological system of continuous emission reduction”.

   Enacted provision · exact public law section
   (B) Section 111(a) of such Act is further amended by adding the following new paragraph at the end thereof: “(7) The term ‘technological system of continuous emission reduction’ means— “(A) a technological process for production or operation by any source which is inherently low-polluting or nonpolluting, or “(B) a technological system for continuous reduction of the pollution generated by a source before such pollution is emitted into the ambient air, including precombustion cleaning or treatment of fuels.”.

   Effective date note
   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.

5. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 § 109(f) · 91 Stat. 685

   Added · 42 U.S.C. § 7411(a)(7)

   Pub. L. 95–95, § 109(f), added par. (7) directing that under certain circumstances a conversion to coal not be deemed a modification for purposes of pars. (2) and (4)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 95–95, § 109(f), added par. (7) directing that under certain circumstances a conversion to coal not be deemed a modification for purposes of pars. (2) and (4).

   Enacted provision · exact public law section
   (f) Section 111(a) of such Act is amended by adding the following new paragraph at the end thereof: “(7) A conversion to coal (A) by reason of an order under section 2(a) of the Energy Supply and Environmental Coordination Act of 1974 or any amendment thereto, or any subsequent enactment which 15 USC 792. supersedes such Act, or (B) which qualifies under section 113(d)(5)(A)(ii) of this Act, shall not be deemed to be a modification for Post, p. 705. purposes of paragraphs (2) and (4) of this subsection.”.

   Effective date note
   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.

6. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 § 401(b) · 91 Stat. 685

   Substituted · 42 U.S.C. § 7411(b)(1)(A)

   Pub. L. 95–95, § 401(b), substituted “such list if in his judgment it causes, or contributes significantly to, air pollution which may reasonably be anticipated to endanger” for “such list if he determines it may contribute significantly to air pollution which causes or contributes to the endangerment of”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A). Pub. L. 95–95, § 401(b), substituted “such list if in his judgment it causes, or contributes significantly to, air pollution which may reasonably be anticipated to endanger” for “such list if he determines it may contribute significantly to air pollution which causes or contributes to the endangerment of”.

   Enacted provision · exact public law section
   (b) The second sentence of section 111(b)(1)(A) of such Act is 42 USC 7411. amended to read as follows: “He shall include a category of sources in such list if in his judgment it causes, or contributes significantly to, air pollution which may reasonably be anticipated to endanger public health or welfare.”.

   Effective date note
   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.

7. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 § 109(c)(2) · 91 Stat. 685

   Substituted · 42 U.S.C. § 7411(b)(1)(B)

   Pub. L. 95–95, § 109(c)(2), substituted “shall, at least every four years, review and, if appropriate,” for “may, from time to time,”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(B). Pub. L. 95–95, § 109(c)(2), substituted “shall, at least every four years, review and, if appropriate,” for “may, from time to time,”.

   Enacted provision · exact public law section
   (2) Section 111(b)(1)(B) of such Act is amended by striking out “may, from time to time,” in the next to last sentence thereof and by inserting in lieu thereof “shall, at least every four years, review and, if appropriate,”.

   Effective date note
   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.

8. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 § 109(c)(3) · 91 Stat. 685

   Added · 42 U.S.C. § 7411(b)(5); 42 U.S.C. § 7411(b)(6)

   Pub. L. 95–95, § 109(c)(3), added pars. (5) and (6)

   Source evidence

   Code amendment note
   Subsec. (b)(5), (6). Pub. L. 95–95, § 109(c)(3), added pars. (5) and (6).

   Enacted provision · exact public law section
   (3) Section 111 (b) of such Act is further amended by inserting at the end thereof the following: “(5) Except as otherwise authorized under subsection (h), nothing in this section shall be construed to require, or to authorize the Admin-istrator to require, any new or modified source to install and operate any particular technological system of continuous emission reduction to comply with any new source standard of performance. “(6) The revised standards of performance required by enactment Revised standards, enactment date. Ante, p. 699. of subsection (a)(1)(A)(i) and (ii) shall be promulgated not later than one year after enactment of this paragraph. Any new or modified fossil fuel fired stationary source which commences construction prior to the date of publication of the proposed revised standards shall not be required to comply with such revised standards.”.

   Effective date note
   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.

9. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 § 109(d)(1) · 91 Stat. 685

   Struck · 42 U.S.C. § 7411(c)(1)

   Pub. L. 95–95, § 109(d)(1), struck out “(except with respect to new sources owned or operated by the United States)” after “implement and enforce such standards”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 95–95, § 109(d)(1), struck out “(except with respect to new sources owned or operated by the United States)” after “implement and enforce such standards”.

   Enacted provision · exact public law section
   (1) The second sentence of section 111(c)(1) is amended by 42 USC 7411. striking out “(except with respect to new sources owned or operated by the United States) ”.

   Effective date note
   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.

10. 1977

    Clean Air Act Amendments of 1977

    Pub. L. 95–95 § 109(b)(1) · 91 Stat. 685

    1. Substituted · 42 U.S.C. § 7411(d)(1)

       Pub. L. 95–95, § 109(b)(1), substituted “standards of performance” for “emission standards”

    2. Inserted · 42 U.S.C. § 7411(d)(1)

       Pub. L. 95–95, § 109(b)(1), inserted provisions directing that regulations of the Administrator permit the State, in applying a standard of performance to any particular source under a submitted plan, to take into consideration, among other factors, the remaining useful life of the existing source to which the standard applies

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 95–95, § 109(b)(1), substituted “standards of performance” for “emission standards” and inserted provisions directing that regulations of the Administrator permit the State, in applying a standard of performance to any particular source under a submitted plan, to take into consideration, among other factors, the remaining useful life of the existing source to which the standard applies.

    Enacted provision · exact public law section
    (1) Section 111(d)(1) of such Act is amended by striking Standards of performance. 42 USC 7411. out “emissions standards” in each place it appears and inserting in lieu thereof “standards of performance” and by adding at the end thereof the following new sentence: “Regulations of the Administrator under this paragraph shall permit the State in applying a standard of performance to any particular source under a plan submitted under this paragraph to take into consideration, among other factors, the remaining useful life of the existing source to which such standard applies.”.

    Effective date note
    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.

11. 1977

    Clean Air Act Amendments of 1977

    Pub. L. 95–95 § 109(b)(2) · 91 Stat. 685

    Changed · 42 U.S.C. § 7411(d)(2)

    Pub. L. 95–95, § 109(b)(2), provided that, in promulgating a standard of performance under a plan, the Administrator take into consideration, among other factors, the remaining useful lives of the sources in the category of sources to which the standard applies

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 95–95, § 109(b)(2), provided that, in promulgating a standard of performance under a plan, the Administrator take into consideration, among other factors, the remaining useful lives of the sources in the category of sources to which the standard applies.

    Enacted provision · exact public law section
    (2) Section 111(d)(2) of such Act is amended by adding at the end thereof the following new sentence: “In promulgating a standard of performance under a plan proscribed under this paragraph, the Administrator shall take into consideration, among other factors, remaining useful lives of the sources in the category of sources to which such standard applies.”.

    Effective date note
    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.

12. 1977

    Clean Air Act Amendments of 1977

    Pub. L. 95–95 § 109(a) · 91 Stat. 685

    Added · 42 U.S.C. § 7411(f)(i)

    Pub. L. 95–95, § 109(a), added subsecs. (f) to (i)

    Source evidence

    Code amendment note
    Subsecs. (f) to (i). Pub. L. 95–95, § 109(a), added subsecs. (f) to (i).

    Enacted provision · exact public law section
    (a) Section 111 of the Clean Air Act is amended by adding Regulations. 42 USC 7411. the following new subsections at the end thereof: “(f) (1) Not later than one year after the date of enactment of this subsection, the. Administrator shall promulgate regulations listing under subsection (b)(1)(A) the categories of major stationary sources Post, p. 791. which are not on the date of the enactment of this subsection included on the list required under subsection (b)(1)(A). The Administrator shall promulgate regulations establishing standards of performance for the percentage of such categories of sources set forth in the following table before the expiration of the corresponding period set forth in such table: “Percentage of source categories required to be listed for which standards must be established: Period by which standards must be promulgated after date list is required to be pro mulgated:   25 2 years.   75 3 years.   100 4 years. “(2) In determining priorities for promulgating standards for categories of major stationary sources for the purpose of paragraph (1), the Administrator shall consider— “(A) the quantity of air pollutant emissions which each such category will emit, or will be designed to emit; “(B) the extent to which each such pollutant may reasonably be anticipated to endanger public health or welfare; and “(C) the mobility and competitive nature of each such category of sources and the consequent need for nationally applicable new source standards of performance. “(3) Before promulgating any regulations under this subsection State officers, consultation. or listing any category of major stationary sources as required under this subsection, the Administrator shall consult with appropriate representatives of the Governors and of State air pollution control agencies. “(g) (1) Upon application by the Governor of a State showing that the Administrator has failed to specify in regulations under subsection (f)(1) any category of major stationary sources required to be specified under such regulations, the Administrator shall revise such regulations to specify any such category. “(2) Upon application of the Governor of a State, showing that any category of stationary sources which is not included in the list under Post, p. 791. subsection (b)(1)(A) contributes significantly to air pollution which may reasonably be anticipated to endanger public health or welfare (notwithstanding that such category is not a category of major stationary sources), the Administrator shall revise such regulations to specify such category of stationary sources. “(3) Upon application of the Governor of a State showing that the Administrator has failed to apply properly the criteria required to be considered under subsection (f)(2), the Administrator shall revise the list under subsection (b)(1)(A) to apply properly such criteria. “(4) Upon application of the Governor of a State showing that— “(A) a new, innovative, or improved technology or process which achieves greater continuous emission reduction has been adequately demonstrated for any category of stationary sources, and “(B) as a result of such technology or process, the new source standard of performance in effect under subsection (b) for such category no longer reflects the greatest degree of emission limitation achievable through application of the best technological system of continuous emission reduction which (taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impact and energy requirements) has been adequately demonstrated, the Administrator shall revise such standard of performance for such category accordingly. “(5) Upon application by the Governor of a State showing that the Administrator has failed to list any air pollutant which causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness as a hazardous air pollutant under Post, pp. 701, 703, 791. Stationary sources, standards. section 112, the Administrator shall revise the list of hazardous air pollutants under such section to include such pollutant. “(6) Upon application by the Governor of a State showing that any category of stationary sources of a hazardous air pollutant listed under section 112 is not subject to emission standards under such section, the Administrator shall propose and promulgate such emission standards applicable to such category of sources. “(7) Unless later deadlines for action of the Administrator are otherwise prescribed under this section or section 112, the Administrator shall. not later than three months following the date of receipt of any application by a Governor of a State, either— “(A) find that such application does not contain the requisite showing and deny such application, or “(B) grant such application and take the action required under this subsection. “(8) Before taking any action required by subsection (f) or by this subsection, the Administrator shall provide notice and opportunity for public hearing. “(h) (1) For purposes of this section, if in the judgment of the Design or equipment standards. Administrator, it is not feasible to prescribe or enforce a standard of performance, he may instead promulgate a design, equipment, work practice, or operational standard, or combination thereof, which reflects the best technological system of continuous emission reduction which (taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. In the event the Administrator promulgates a design or equipment standard under this subsection, he shall include as part of such standard such requirements as will assure the proper operation and maintenance of any such element of design or equipment. “(2) For the purpose of this subsection, the phrase ‘not feasible “Not feasible to prescribe or enforce a standard of performance.” to prescribe or enforce a standard of performance’ means any situation in which the Administrator determines that (A) a pollutant or pollutants cannot be emitted through a conveyance designed and constructed to emit or capture such pollutant, or that any requirement for, or use of, such a conveyance would be inconsistent with any Federal, State, or local law, or (B) the application of measurement methodology to a particular class of sources is not practicable due to technological or economic limitations. “(3) If after notice and opportunity for public hearing, any person Alternative emission limitation. Notice and hearing. establishes to the satisfaction of the Administrator that an alternative means of emission limitation will achieve a reduction in emissions of any air pollutant at least equivalent to the reduction in emissions of such air pollutant achieved under the requirements of paragraph (1), the Administrator shall permit the use of such alternative by the source for purposes of compliance with this section with respect to such pollutant. “(4) Any standard promulgated under paragraph (1) shall be promulgated in terms of standard of performance whenever it becomes feasible to promulgate and enforce such standard in such terms. “(i) Any regulations promulgated by the Administrator under this section applicable to grain elevators shall not apply to country elevators (as defined by the Administrator) which have a storage capacity of less than two million five hundred thousand bushels.”

    Effective date note
    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.

13. 1977

    Clean Air Act Amendments of 1977

    Pub. L. 95–95 § 109(e) · 91 Stat. 685

    Added · 42 U.S.C. § 7411(j); 42 U.S.C. § 7411(k)

    Pub. L. 95–95, § 109(e), added subsec. (k)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 95–95, § 109(e), added subsec. (k).

    Enacted provision · exact public law section
    (e) Section 111 of such Act is amended by adding the following new Permit conditions. Ante, p. 697. subsections at the end thereof: “(j) As a condition for issuance of any permit required under this title, the owner or operator of each .new or modified stationary source which is required to obtain such a permit must show to the satisfaction of the permitting authority that the technological system of continuous emission reduction which is to be used at such source will enable it to comply with the standards of performance which are to apply to such source and that the construction or modification and operation of such source will be in compliance with all other requirements of this Act. “(k) (1) (A) Any person proposing to own or operate a new source Waiver. may request the Administrator for one or more waivers from the requirements of this section for such source or any portion thereof with respect to any air pollutant to encourage the use of an innovative technological system or systems of continuous emission reduction. The Notice and hearing. Administrator may, with the consent of the Governor of the State in which the source is to be located, grant a waiver under this paragraph, if the Administrator determines after notice and opportunity for public hearing, that— “(i) the proposed system or systems have not been adequately demonstrated, “(ii) the proposed system or systems will operate effectively and there is a substantial likelihood that such system or systems will achieve greater continuous emission reduction than that required to be achieved under the standards of performance which would otherwise apply, or achieve at least an equivalent reduction at lower cost in terms of energy, economic, or non air quality environmental impact, “(iii) the owner or operator of the proposed source has demonstrated to the satisfaction of the. Administrator that the proposed system will not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation, function, or malfunction, and “(iv) the granting of such waiver is consistent with the requirements of subparagraph (C). In making any determination under clause (ii), the Administrator shall take into account any previous failure of such system or systems to operate effectively or to meet any requirement of the new source performance standards. In determining whether an unreasonable risk exists under clause (iii), the Administrator shall consider, among other factors, whether and to what extent the use of the proposed technological system will cause, increase, reduce, or eliminate emissions of any unregulated pollutants; available methods for reducing or eliminating any risk to public health, welfare, or safety which may be associated with the use of such system; and the availability of other technological systems which may be used to conform to standards Ante, p. 700; Post, p. 791. Tests. under subsection (b) of this section without causing or contributing to such unreasonable risk. The Administrator may conduct such tests and may require the owner or operator of the proposed source to conduct such tests and provide such information as is necessary to carry out clause (iii) of this subparagraph. Such requirements shall include a requirement for prompt reporting of the emission of any unregulated pollutant from a system if such pollutant was not emitted, or was emitted in significantly lesser amounts without use of such system. “(B) A waiver under this paragraph shall be granted on such terms and conditions as the Administrator determines to be necessary to assure— “(i) emissions from the source will not prevent attainment and maintenance of any national ambient air quality standards, and “(ii) proper functioning of the technological system or systems authorized. Any such term or condition shall be treated as a standard of performance Post, pp. 704, 705. for the purposes of subsection (e) of this section and section 113. “(C) The number of waivers granted under this paragraph with respect to a proposed technological system of continuous emission reduction shall not exceed such number as the Administrator finds necessary to ascertain whether or not such system will achieve the conditions specified in clauses (ii) and (iii) of subparagraph (A). “(D) A waiver under this paragraph shall extend to the sooner of— “(i) the date determined by the Administrator, after consultation with the owner or operator of the source, taking into consideration the design, installation, and capital cost of the technological system or systems being used, or “(ii) the date on which the Administrator determines that such system has failed to— “(I) achieve at least an equivalent continuous emission reduction to that required to be achieved under the standards of performance which would otherwise apply, or “(II) comply with the condition specified in paragraph (1)(A.)(iii), and that such failure cannot be corrected. “(E) In carrying out subparagraph (D)(i), the Administrator shall not permit any waiver for a source or portion thereof to extend beyond the date— “(i) seven years after the date on which any waiver is granted to such source or portion thereof, or “(ii) four years after the date on which such source or portion thereof commences operation, whichever is earlier. “(F) No waiver under this subsection shall apply to any portion of a source other than the portion on which the innovative technological system or systems of continuous emission reduction is used. “(2) (A) If a waiver under paragraph (1) is terminated under clause (ii) of paragraph (1)(D), the Administrator shall grant an extension of the requirements of this section for such source for such minimum period as may be necessary to comply with the applicable standard of performance under subsection (b) of this section. Such Ante, p. 700; Post, p. 791. period shall not extend beyond the date three, years from the time such waiver is terminated. “(B) An extension granted under this paragraph shall set forth Emission limits. Compliance schedule. 42 USC 7413. emission limits and a compliance schedule containing increments of progress which require compliance with the applicable standards of performance as expeditiously as practicable and include such measures as are necessary and practicable in the interim to minimize emissions. Such schedule shall be treated as a standard of performance for purposes of subsection (e) of this section and section 113.”. Post, pp. 704, 705. Ante, p. 700.

    Effective date note
    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.

14. 1977

    Safe Drinking Water Amendments of 1977

    Pub. L. 95–190 § 14(a)(7) · 91 Stat. 1393

    Redesignated · 42 U.S.C. § 7411(a)(7); 42 U.S.C. § 7411(a)(8)

    Pub. L. 95–190, § 14(a)(7), redesignated second par. (7) as (8)

    Source evidence

    Code amendment note
    Subsec. (a)(7), (8). Pub. L. 95–190, § 14(a)(7), redesignated second par. (7) as (8).

    Enacted provision · exact public law section
    (7) in section 111(a) redesignate paragraph (7) (as added by New stationary sources, performance standards. Ante, p. 703. Ante, p. 701. section 109(f) of the Clean Air Act Amendments of 1977) as paragraph (8);

15. 1977

    Safe Drinking Water Amendments of 1977

    Pub. L. 95–190 § 14(a)(8) · 91 Stat. 1393

    1. Redesignated · 42 U.S.C. § 7411(j); 42 U.S.C. § 7411(k)

       Pub. L. 95–190, § 14(a)(8), (9), redesignated subsec. (k) as (j) and, as so redesignated

    2. Substituted · 42 U.S.C. § 7411(j); 42 U.S.C. § 7411(k)

       Pub. L. 95–190, § 14(a)(8), (9), substituted “(B)” for “(8)” as designation for second subpar. in par. (2). Former subsec. (j)

    3. Struck · 42 U.S.C. § 7411(j); 42 U.S.C. § 7411(k)

       Pub. L. 95–190, § 14(a)(8), (9), added by Pub. L. 95–95, § 109(e), which related to compliance with applicable standards of performance, was struck out

    Source evidence

    Code amendment note
    Subsecs. (j), (k). Pub. L. 95–190, § 14(a)(8), (9), redesignated subsec. (k) as (j) and, as so redesignated, substituted “(B)” for “(8)” as designation for second subpar. in par. (2). Former subsec. (j), added by Pub. L. 95–95, § 109(e), which related to compliance with applicable standards of performance, was struck out.

    Enacted provision · exact public law section
    (8) in section 111 strike out subsection (j) and redesignate the following subsections accordingly;

16. 1978

    Health Services Research, Health Statistics, and Health Care Technology Act of 1978

    Pub. L. 95–623 § 13(a)(2) · 92 Stat. 3443

    Substituted · 42 U.S.C. § 7411(d)(1)(A)(ii); 42 U.S.C. § 7411(d)(g)(4)(B)

    Pub. L. 95–623, § 13(a)(2), substituted “under this section” for “under subsection (b) of this section”

    Source evidence

    Code amendment note
    Subsecs. (d)(1)(A)(ii), (g)(4)(B). Pub. L. 95–623, § 13(a)(2), substituted “under this section” for “under subsection (b) of this section”.

    Enacted provision · exact public law section
    (2) Subsections (d) (1) (A) and (g) (4) (B) of such section are each amended by striking out “under subsection (o) ” and inserting in lieu thereof “under this section”.

17. 1978

    Health Services Research, Health Statistics, and Health Care Technology Act of 1978

    Pub. L. 95–623 § 13(a)(1) · 92 Stat. 3443

    Added · 42 U.S.C. § 7411(h)(5)

    Pub. L. 95–623, § 13(a)(1), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (h)(5). Pub. L. 95–623, § 13(a)(1), added par. (5).

    Enacted provision · exact public law section
    (1) Section 111(h) (42 U.S.C. 7411) of the Act of July 14, 1955, as amended by Public Law 95–95, is amended by adding the following at the end thereof: “(5) Any design, equipment , work practice, or operational standard, or any combination thereof, described in this subsection shall be treated as a standard of performance for purposes of the provisions of this Act (other than the provisions of subsection (a) and this subsection).”.

18. 1978

    Health Services Research, Health Statistics, and Health Care Technology Act of 1978

    Pub. L. 95–623 § 13(a)(3) · 92 Stat. 3443

    Substituted · 42 U.S.C. § 7411(j)

    Pub. L. 95–623, § 13(a)(3), substituted in pars. (1)(A) and (2)(A) “standards under this section” and “under this section” for “standards under subsection (b) of this section” and “under subsection (b) of this section”, respectively

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 95–623, § 13(a)(3), substituted in pars. (1)(A) and (2)(A) “standards under this section” and “under this section” for “standards under subsection (b) of this section” and “under subsection (b) of this section”, respectively.

    Enacted provision · exact public law section
    (3) Subsection (j) of such section is amended by striking out “subsection (b) of” in paragraphs (1) (A) and (2) (A) thereof.

19. 1990

    Pub. L. 101–549 § 403(a) · 104 Stat. 2399

    1. Amended · 42 U.S.C. § 7411(a)(1)

       Pub. L. 101–549, § 403(a), amended par. (1) generally

    2. Substituted · 42 U.S.C. § 7411(a)(1)

       Pub. L. 101–549, § 403(a), substituting provisions defining “standard of performance” with respect to any air pollutant for provisions defining such term with respect to subsec. (b) fossil fuel fired and other stationary sources and subsec. (d) particular sources

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 101–549, § 403(a), amended par. (1) generally, substituting provisions defining “standard of performance” with respect to any air pollutant for provisions defining such term with respect to subsec. (b) fossil fuel fired and other stationary sources and subsec. (d) particular sources.

    Enacted provision · exact public law section
    (a) Repeal.— Section l11(a)(l) of the Clean Air Act is amended to 42 USC 7411. read as follows: “(1) The term ‘standard of performance’ means a standard for emissions of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.”.

20. 1990

    Pub. L. 101–549 § 108(f) · 104 Stat. 2399

    Inserted · 42 U.S.C. § 7411(a)(3)

    Pub. L. 101–549, § 108(f), inserted at end “Nothing in subchapter II of this chapter relating to nonroad engines shall be construed to apply to stationary internal combustion engines.”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 101–549, § 108(f), inserted at end “Nothing in subchapter II of this chapter relating to nonroad engines shall be construed to apply to stationary internal combustion engines.”

    Enacted provision · exact public law section
    (f) Savings Clause.— Section 111(a)(3) of the Clean Air Act (42 U.S.C. 7411(f)(1)) is amended by adding at the end: “Nothing in title II of this Act relating to nonroad engines shall be construed to apply to stationary internal combustion engines.”.

21. 1990

    Pub. L. 101–549 § 108(e)(1) · 104 Stat. 2399

    1. Substituted · 42 U.S.C. § 7411(b)(1)(B)

       Pub. L. 101–549, § 108(e)(1), substituted “Within one year” for “Within 120 days”

    2. Substituted · 42 U.S.C. § 7411(b)(1)(B)

       Pub. L. 101–549, § 108(e)(1), substituted “within one year” for “within 90 days”

    3. Substituted · 42 U.S.C. § 7411(b)(1)(B)

       Pub. L. 101–549, § 108(e)(1), substituted “every 8 years” for “every four years”

    4. Inserted · 42 U.S.C. § 7411(b)(1)(B)

       Pub. L. 101–549, § 108(e)(1), inserted before last sentence “Notwithstanding the requirements of the previous sentence, the Administrator need not review any such standard if the Administrator determines that such review is not appropriate in light of readily available information on the efficacy of such standard.”

    5. Inserted · 42 U.S.C. § 7411(b)(1)(B)

       Pub. L. 101–549, § 108(e)(1), inserted at end “When implementation and enforcement of any requirement of this chapter indicate that emission limitations and percent reductions beyond those required by the standards promulgated under this section are achieved in practice, the Administrator shall, when revising standards promulgated under this section, consider the emission limitations and percent reductions achieved in practice.”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 101–549, § 108(e)(1), substituted “Within one year” for “Within 120 days”, “within one year” for “within 90 days”, and “every 8 years” for “every four years”, inserted before last sentence “Notwithstanding the requirements of the previous sentence, the Administrator need not review any such standard if the Administrator determines that such review is not appropriate in light of readily available information on the efficacy of such standard.”, and inserted at end “When implementation and enforcement of any requirement of this chapter indicate that emission limitations and percent reductions beyond those required by the standards promulgated under this section are achieved in practice, the Administrator shall, when revising standards promulgated under this section, consider the emission limitations and percent reductions achieved in practice.”

    Enacted provision · exact public law section
    (1) Section 111(b)(1)(B) of the Clean Air Act (42 U.S.C. 7411(b)(1)(B)) is amended as follows: (A) Strike “120 days” and insert “one year”. (B) Strike “90 days” and insert “one year”. (C) Strike “four years” and insert “8 years”. (D) Immediately before the sentence beginning “Standards of performance or revisions thereofȁ insert “Notwithstanding the requirements of the previous sentence, the Administrator need not review any such standard if the Administrator determines that such review is not appropriate in light of readily available information on the efficacy of such standard.”. (E) Add the following at the end: “When implementation and enforcement of any requirement of this Act indicate that emission limitations and percent reductions beyond those required by the standards promulgated under this section are achieved in practice, the Administrator shall, when revising standards promulgated under this section, consider the emission limitations and percent reductions achieved in practice.”.

22. 1990

    Pub. L. 101–549 § 302(a) · 104 Stat. 2399

    Substituted · 42 U.S.C. § 7411(d)(1)(A)(i)

    Pub. L. 101–549, § 302(a), which directed the substitution of “7412(b)” for “7412(b)(1)(A)”, could not be executed, because of the prior amendment by Pub. L. 101–549, § 108(g), see below

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A)(i). Pub. L. 101–549, § 302(a), which directed the substitution of “7412(b)” for “7412(b)(1)(A)”, could not be executed, because of the prior amendment by Pub. L. 101–549, § 108(g), see below.

    Enacted provision · exact public law section
    (a) Section 111(d)(1) of the Clean Air Act is amended by striking “112(b)(l)(A)” and inserting in lieu thereof “112(b)”.

23. 1990

    Pub. L. 101–549 § 108(g) · 104 Stat. 2399

    Substituted · 42 U.S.C. § 7411(d)(1)(A)(i)

    Pub. L. 101–549, § 108(g), substituted “or emitted from a source category which is regulated under section 7412 of this title” for “or 7412(b)(1)(A)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–549, § 108(g), substituted “or emitted from a source category which is regulated under section 7412 of this title” for “or 7412(b)(1)(A)”.

    Enacted provision · exact public law section
    (g) Regulation of Existing Sources.— Section 111(d)(1)(A)(i) of the Clean Air Act (42 U.S.C. 7411(d)(1)(A)(i)) is amended by striking “or 112(b)(1)(A)” and inserting “or emitted from a source category which is regulated under section 112”.

24. 1990

    Pub. L. 101–549 § 108(e)(2) · 104 Stat. 2399

    1. Amended · 42 U.S.C. § 7411(f)(1)

       Pub. L. 101–549, § 108(e)(2), amended par. (1) generally

    2. Substituted · 42 U.S.C. § 7411(f)(1)

       Pub. L. 101–549, § 108(e)(2), substituting present provisions for provisions requiring the Administrator to promulgate regulations listing the categories of major stationary sources not on the required list by Aug. 7, 1977, and regulations establishing standards of performance for such categories

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 101–549, § 108(e)(2), amended par. (1) generally, substituting present provisions for provisions requiring the Administrator to promulgate regulations listing the categories of major stationary sources not on the required list by Aug. 7, 1977, and regulations establishing standards of performance for such categories.

    Enacted provision · exact public law section
    (2) Section 111(f)(1) of the Clean Air Act (42 U.S.C. 7411(f)(1) is amended to read as follows: “(1) For those categories of major stationary sources that the Regulations. Administrator listed under subsection (b)(1)(A) before the date of the enactment of the Clean Air Act Amendments of 1990 and for which regulations had not been proposed by the Administrator by such date, the Administrator shall— “(A) propose regulations establishing standards of performance for at least 25 percent of such categories of sources within 2 years after the date of the enactment of the Clean Air Act Amendments of 1990; “(B) propose regulations establishing standards of performance for at least 50 percent of such categories of sources within 4 years after the date of the enactment of the Clean Air Act Amendments of 1990; and “(C) propose regulations for the remaining categories of sources within 6 years after the date of the enactment of the Clean Air Act Amendments of 1990.”.

25. 1990

    Pub. L. 101–549 § 302(b) · 104 Stat. 2399

    1. Redesignated · 42 U.S.C. § 7411(g)(5)(8)

       Pub. L. 101–549, § 302(b), redesignated par. (7) as (5)

    2. Struck · 42 U.S.C. § 7411(g)(5)(8)

       Pub. L. 101–549, § 302(b), struck out “or section 7412 of this title” after “this section”

    3. Redesignated · 42 U.S.C. § 7411(g)(5)(8)

       Pub. L. 101–549, § 302(b), redesignated par. (8) as (6)

    4. Struck · 42 U.S.C. § 7411(g)(5)(8)

       Pub. L. 101–549, § 302(b), struck out former pars. (5) and (6) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (g)(5) to (8). Pub. L. 101–549, § 302(b), redesignated par. (7) as (5) and struck out “or section 7412 of this title” after “this section”, redesignated par. (8) as (6), and struck out former pars. (5) and (6) which read as follows:

    “(5) Upon application by the Governor of a State showing that the Administrator has failed to list any air pollutant which causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness as a hazardous air pollutant under section 7412 of this title the Administrator shall revise the list of hazardous air pollutants under such section to include such pollutant. “(6) Upon application by the Governor of a State showing that any category of stationary sources of a hazardous air pollutant listed under section 7412 of this title is not subject to emission standards under such section, the Administrator shall propose and promulgate such emission standards applicable to such category of sources.”

    Enacted provision · exact public law section
    (b) Section 111 of the Clean Air Act is amended by striking paragraphs (g)(5) and (g)(6) and redesignating the succeeding paragraphs accordingly. Such section is further amended by striking “or section 112” in paragraph (g)(5) as redesignated in the preceding sentence.

41 of 41 references resolved to an enrolled provision