Page:United States Statutes at Large Volume 91.djvu/726

 91 STAT. 692

Energy emergency, plan suspension.

Requirements.

Suspension period.

Post, p. 694.

Compliance schedule delay.

Post, pp. 709, 712. Post, p. 705.

Temporary economic emergency, plan suspension. 42 USC 7410.

PUBLIC LAW 95-95—AUG. 7, 1977 "(A) a temporary suspension of any part of the applicable implementation plan may be necessary, and "(B) other means of responding to the energy emergency may be inadequate. Such determination shall not be delegable by the President to any other person. If the President determines that a national or regional energy emergency of such severity exists, a temporary emergency suspension of any part of an applicable implementation plan adopted by the State may be issued by the Governor of any State covered by the President's determination under the condition specified in paragraph (2) and may take effect immediately. "(2) A temporary emergency suspension under this subsection shall be issued to a source only if the Governor of such State finds that— "(A) there exists in the vicinity of such source a temporary energy emergency involving high levels of unemployment or loss of necessary energy supplies for residential dwellings; and ' "(B) such unemployment or loss can be totally or partially alleviated by such emergency suspension. Not more than one such suspension may be issued for any source on the basis of the same set of circumstances or on the basis of the same emergency. " (3) A temporary emergency suspension issued by a Governor under this subsection shall remain in ejffect for a maximum of four months or such lesser period as may be specified in a disapproval order of the Administrator, if any. The Administrator may disapprove such suspension if he determines that it does not meet the requirements of paragraph (2). "(4) This subsection shall not apply in the case of a plan provision or requirement promulgated by the Administrator under subsection (c) of this section, but in any such case the President may grant a temporary emergency suspension for a four month period of any such provision or requirement if he makes the determinations and findings specified in paragraphs (1) and (2). "(5) The Governor may include in any temporary emersjency suspension issued under this subsection a provision delaying for a period identical to the period of such suspension any compliance S'^hednle (or increment of progress) to which such source is subiect under section 119, as in effect before the date of the enactment of this paragraph or section 113(d) of this Act, upon a finding that such source is unable to comply with such schedule (or increment) solely because of the conditions on the basis of which a suspension was issued under this subsection.". (b) Section 110 of such Act is amended by adding the following new subsection at the end thereof: "(g)(1) In the case of any State which has adopted and submitted to the Administrator a proposed plan revision which the State determines— " (A) meets the requirements of this section, and ' " (B) is necessary (i) to prevent the closing for one year or more of any source of air pollution, and (ii) to prevent substantial increases in unemployment which would result from such closing, and which the Administrator has not approved or disapproved under this section within the required four month period, the Governor may issue a temporary emergency suspension of the part of the applicable implementation plan for such State which is proposed to be revised with respect to such source. The determination under subparagraph (B)

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