Page:United States Statutes at Large Volume 91.djvu/740

 91 STAT. 706

Bond.

Emission limitation. Ante, p. 699.

15 USC 792.

PUBLIC LAW 95-95—AUG. 7, 1977 mination by the Administrator that it was not issued in accordance with the requirements of this Act. If the Administrator so objects, he shall simultaneously proceed to issue an enforcement order in accordance with subsection (a) or an order under this subsection. Nothing in this section shall be construed as limiting the authority of a State or political subdivision to adopt and enforce a more stringent emission limitation or more expeditious schedule or timetable for compliance than that contained in an order by the Administrator, "(3) If any source not in compliance with any requirement of an applicable implementation plan gives written notification to the State (or the Administrator) that such source intends to comply by means of replacement of the facility, a complete change in production process, or a termination of operation, the State (or the Administrator) may issue an order under paragraph (1) of this subsection permitting the source to operate until July 1, 1979, without any interim schedule of compliance: Provided, That as a condition of the issuance of any such order, the owner or operator of such source shall post a bond or other surety in an amount equal to the cost of actual compliance by such facility and any economic value which may accrue to the owner or operator of such source by reason of the failure to comply. If a source for which the bond or other surety required by this paragraph has been posted fails to replace the facility, change the production process, or terminate the operations as specified in the order by the required date, the owner or operator shall immediately forfeit on the bond or other surety and the State (or the Administrator) shall have no discretion to modify the order under this paragraph or to compromise the bond or other surety. "(4) An order under paragraph (1) of this subsection may be issued to an existing stationary source if— "(A) the source will expeditiously use new means of emission limitation which the Administrator determines is likely to be adequately demonstrated (within the meaning of section 111(a) (1) upon expiration of the order, / "(B) such new means of emission limitation is not likely to be used by such scarce unless an order is granted under this subsection. "(C) such new means of emission limitation is determined by the Administrator to have a substantial likelihood of— "(i) achieving greater continuous emission reduction than the means of emission limitation which, but for such order, would be required; or "(ii) achieving an equivalent continuous reduction at lower cost in terms of energy, economic, or nonair quality environmental impact; and "(D) compliance by the source with the requirement of the applicable implementation plan would be impracticable prior to, or during, the installation of such new means. Such an order shall provide for final compliance with the requirement in the applicable implementation plan as expeditiously as practicable, but in no event later than five years after the date on which the source would otherwise be required to be in full compliance with the requirement. "(5)(A) In the case of a major stationary source which is burning petroleum products or natural gas, or both and which— "(i) is prohibited from doing so under an order pursuant to the provisions of section 2(a) of the Energy Supply and Environmental Coordination Act of 1974 or any amendment thereto, or

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