Page:United States Statutes at Large Volume 91.djvu/728

 91 STAT. 694 State implementation plan, contents. 42 USC 7410.

Nonattainment area, construction limitation. Post, p. 746.

Post, p. 746. Post, p. 719. Post, p. 725.

Fee.

State implementation plan, revision.

Post, p. 711. Post, p. 705. Ante, pp. 691, 692. Post, pp. 709, 712. Implementation plan, regulations. Post, p. 719.

PUBLIC LAW 95-95—AUG. 7, 1977 (B) Section 110(a)(2)(H) (ii) of such Act is amended by inserting "except as provided in paragraph (3)(C)," before "whenever". (b) Section 110(a)(2) of the Clean Air Act is amended by striking out "and" at the end of subparagraph (G), striking out the period at the end of subparagraph (H), and by adding the following new subparagraphs at the end thereof: " (I) it provides that after June 30, 1979, no major stationary source shall be constructed or modified in any nonattainment area (as defined in section 171(2)) to which such plan applies, if the emissions from such facility will cause or contribute to concentrations of any pollutant for which a national ambient air quality standard is exceeded in such area, unless, as of the time of application for a permit for such construction or modification, such plan meets the requirements of part D (relating to nonattainment areas); " (J) it meets the requirements of section 121 (relating to consultation), section 127 (relating to public notification), part C (relating to prevention of significant deterioration of air quality and visibility protection), and " (K) it requires the owner or operator of each major stationary source to pay to the permitting authority as a condition of any permit required under this Act a fee sufficient to cover— "(i) the reasonable costs of reviewing and acting upon any application for such a permit, and "(ii) if the owner or operator receives a permit for such source, whether before or after the date of enactment of this subparagraph, the reasonable costs (incurred after such date of enactment) of implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement action).". (c) Section 110(a)(3) of such Act is amended by adding the following new subparagraph at the end thereof: "(C) Neither the State, in the case of a plan (or portion thereof) approved under this subsection, nor the Administrator in the case of a plan (or portion thereof) promulgated under subsection (c), shall be required to revise an applicable implementation plan because one or more exemptions under section 118 (relating to Federal facilities), enforcement orders under section 113(d), suspensions under section 110 (f) or (g) (relating to temporary energy or economic authority) or orders under section 119 (relating to primary nonferrous smelters) have been granted, if such plan would have met the requirements of this section if no such exemptions, orders, extension, or variances had been granted.". (d)(1) Section 110(c)(1) of such Act is amended by adding the following new sentence at the end thereof: "Notwithstanding the preceding sentence, any portion of a plan relating to any measure described in the first sentence of section 121 (relating to consultation) or the consultation process required under such section 121 shall not be required to be promulgated before the date eight months after such date required for submission.". (2) Section 110(c)(1)(A) of such Act is amended to read as follows: "(A) the State fails to submit an implementation plan which meets the requirements of this section,". (3) Section 110(c) of such Act is amended by adding the following new paragraphs at the end thereof:

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