Page:United States Statutes at Large Volume 91.djvu/737

 PUBLIC LAW 95-95—AUG. 7, 1977 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 period shall not extend beyond the date three years from the time such waiver is terminated. "(8) An extension granted under this paragraph shall set forth 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.". (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 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 purposes of paragraphs (2) and (4) of this subsection.".

91 STAT. 703

Ante, p. 700; Post, p. 791. Emission limits. Compliance schedule. 42 USC 7413.

Post, pp. 704, 705. Ante, p. 700.

15 USC 792. Post, p. 705.

EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

SEC. 110. Section 112 of the Clean Air Act is amended by adding Design or equipment the following new subsection at the end thereof: standards. "(e)(1) For purposes of this section, if in the judgment of the 42 USC 7412. Administrator, it is not feasible to prescribe or enforce an emission standard for control of a hazardous air pollutant or pollutants, he may instead promulgate a design, equipment, work practice, or operational standard, or combination thereof, which in his judgment is adequate to protect the public health from such pollutant or pollutants with an ample margin of safety. 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 to "Not feasible to prescribe or enforce an emission standard' means any situation in which prescribe or enforce the Administrator determines that (A) a hazardous pollutant or pol- emissionan lutants cannot be emitted through a conveyance designed and con- standard." structed 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 per- Alternative son establishes to the satisfaction of the Administrator that an alter- emission native means of emission limitation will achieve a reduction in limitation. emissions of any air pollutant at least equivalent to the reduction in Notice and hearing. 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 an emission standard whenever it becomes feasible to promulgate and enforce such standard in such terms.".

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