Page:United States Statutes at Large Volume 91.djvu/750

 91 STAT. 716

Ante, p. 705.

Ante, pp. 691, 692.

Notice and hearing.

Regulations.

Notice.

Penalty, calculation.

Petition.

Hearing.

PUBLIC LAW 95-95—AUG. 7, 1977 "(iv) an inability to comply with any such requirement, for which inability the source has received an order under section 113(d) (or an order under section 113 issued before the date of enactment of this section) which has the effect of permitting a delay or violation of any requirement of this Act (including a requirement of an applicable implementation plan) which inability results from reasons entirely beyond the control of the owner or operator of such source or of any entity controlling, controlled by, or under common control with the owner or operator of such source; or "(v) the conditions by reason of which a temporary emergency suspension is authorized under section 110(f) or (g). An exemption under this subparagraph shall cease to be effective if the source fails to comply with the interim emission control requirements or schedules of compliance (including increments of progress) under any such extension, order, or suspension, "(C) The Administrator may, after notice and opportunity for public hearing, exempt any source from the requirements of this section with respect to a particular instance of noncompliance if he finds that such instance of noncompliance is de minimis in nature and in duration. "(b) Regulations under subsection (a) shall— "(1) permit the assessment and collection of such penalty by the State if the State has a delegation of authority in effect under subsection (a)(1)(B)(i); "(2) provide for the assessment and collection of such penalty by the Administrator, if— "(A) the State does not have a delegation of authority in effect under subsection (e), or "(B) the State has such a delegation in effect but fails with respect to any particular person or source to assess or collect the penalty in accordance with the requirements of this section; "(3) require the States, or in the event the States fail to do so, the Administrator, to give a brief but reasonably specific notice of noncompliance under this section to each person referred to in subsection (a)(2)(A) with respect to each source owned or operated by such person which is not in compliance as provided in such subsection, not later than July 1, 1979, or thirty days after the discovery of such noncompliance, whichever is later; "(4) require each person to whom notice is given under paragraph (3) to— "(A) calculate the amount of the penalty owed (determined in accordance with subsection (d)(2)) and the schedule of payments (determined in accordance with subsection (d)(3)) for each such source and, within forty-five days after the issuance of such notice or after the denial of a petition under subparagraph (B), to submit that calculation and proposed schedule, together with the information necessary for an independent verification thereof, to the State and to the Administrator, or "(B) submit a petition, within forty-five days after the issuance of such notice, challenging such notice of noncompliance or alleging entitlement to an exemption under subsection (a)(2)(B) with respect to a particular source; "(5) require the Administrator to provide a hearing on the

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