Page:United States Statutes at Large Volume 84 Part 2.djvu/353

 84 STAT. ]

PUBLIC LAW 91-604-DEC. 31, 1970

1683

" (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 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 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, United States Code. Upon the filing of such petition 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 any proceeding under this subsection. li STANDARDS OF P E R FOR M A N C E FOR N E W STATIONARY

J u d i c i a l review.

72 Stat. 9 4 1; 80 Stat. 1323.

Post,

p. 1707,,

SOURCES

"SEC. 111. (a) For purposes of this section: "(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 demonstratied. "(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. 47-348 O - 72 - 23 (Pt. 2)

Notice, hearing.

Definitions.

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