Page:United States Statutes at Large Volume 91.djvu/731

 PUBLIC LAW 9 5 - 9 5 — A U G. 7, 1977 mentation plan for such State and shall publish notice in the Federal Register of the availability of such documents. E a c h such document shall be revised as frequently as practicable but not less often than annually. " (2) The Administrator may promulgate such regulations as may be reasonably necessary to carry out the purpose of this subsection. " (h) Except for a p r i m a r y nonferrous smelter order under section 119, a suspension under section 110(f) or (g) (relating to emergency suspensions), an exemption under section 118 (relating to certain Federal facilities), an order under section 113(d) (relating to compliance orders), a plan promulgation under section 110(c), or a plan revision under section 110(a)(3), no order, suspension, plan revision, or other action modifying any requirement of an applicable implementation plan may be taken with respect to any stationary source bj'^ the State or by the Administrator. " (i) 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 constniction or modification and operation of such source will be in compliance with all other requirements of this Act.". NEW

9 1 STAT. 697

Regulations. Modification of requirements, prohibition. Post, pp. 709, 712. \ Ante, pp. 691, 692. Post, p. 711. Post, p. 705. Ante, p. 694.

SOURCE STANDARDS OF PERFORMANCE

SEC. 109. (a) Section 111 of the Clean A i r Act is amended by adding 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 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 t a b l e: Period by which standards must be promulgated after date list "Percentage of source categories required to be is required to be prolisted for which standards must be established: mulgated: 25 2 years. 75 3 years. 100 4 years. " (2) I n 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 or listing any category of major stationary sources as required under

Regulations. 42 USC 7411.

Post, p- 791

State officers, consultation.

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