Page:United States Statutes at Large Volume 91.djvu/742

 91 STAT. 708

Interim requirements.

Termination of order.

Violations.

Post, p. 714.

Post, pp.771, 772. Ante, pp. 691-696; Post, pp. 772, 776, 777.

Post, pp. 709, 710.

PUBLIC LAW 95-95—AUG. 7, 1977 to air quality concentrations of such pollutant in excess of the national primary ambient air quality standard for such pollutant. "(6) An order issued to a source under this subsection shall set forth compliance schedules containing increments of progress which require compliance with the requirement postponed as expeditiously as practicable. " (7) A source to which an order is issued under paragraph (1), (3), (4), or (5) of this subsection shall use the best practicable system or systems of emission reduction (as determined by the Administrator taking into account the requirement with which the source must ultimately comply) for the period during which such order is in effect and shall comply with such interim requirements as the Administrator determines are reasonable and practicable. Such interim requirements shall include— "(A) such measures as the Administrator determines are necessary to avoid an imminent and substantial endangerment to health of persons, and "(B) a requirement that the source comply with the requirements of the applicable implementation plan during any such period insofar as such source is able to do so (as determmed by the Administrator). "(8) Any order under paragraph (1) or (3) of this subsection shall be terminated if the Administrator determines on the record, after notice and hearing, that the inability of the source to comply no longer exists. If the owner or operator of the source to which the order is issued demonstrates that prompt termination of such order would result in undue hardship, the termination shall become effective at the earliest practicable date on which such undue hardship would not result, but in no event later than the date required under this subsection. "(9) If the Administrator determines that a source to which an order is issued under this subsection is in violation of any requirement of this subsection, he shall— "(A) enforce such requirement under subsections (a), (b), or (c) of this section, "(B) (after notice and opportunity for public hearing) revoke such order and enforce compliance with the requirement with respect to which such order was granted, (C) give notice of noncompliance and commence action under section 120, or "(D) take any appropriate combination of such actions. "(10) During the period of the order issued under this subsection and where the owner or operator is in compliance with the terms of such order, no other enforcement action pursuant to this section or section 304 of this Act shall be pursued against such owner or operator based upon noncompliance during the period the order is in effect with the requirement for the source covered by such order. " (11) For the purposes of sections 110, 304, and 307 of this Act, any order issued by the State (and approved by the Administrator) pursuant to this subsection shall become part of the applicable implementation plan. "(12) Any enforcement order issued under subsection (a) of this section or any consent decree in an enforcement action which is in effect on the day of enactment of the Clean Air Act Amendments of 1977 shall remain in effect to the extent that such order or consent decree is (A) not inconsistent with the requirements of this subsection and section 119 or (B) the administrative orders on consent issued by the

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