Page:United States Statutes at Large Volume 91.djvu/755

 PUBLIC LAW 95-95—AUG. 7, 1977 and conserve administrative resources in the establishment, implementation, and enforcement of emission limitations, standards of performance, and other requirements and authorities (substantive and procedural) under this Act respecting the emission of such material (or component or derivative thereof) from such sources or facilities. "(3) In case of any standard or emission limitation promulgated by the Administrator, under this Act or by any State (or the Administrator) under any applicable implementation plan under this Act, if the Nuclear Regulatory Commission determines, after notice and opportunity for public hearing that the application of such standard or limitation to a source or facility within the jurisdiction of the Commission would endanger public health or safety, such standard or limitation shall not apply to such facilities or sources unless the President determines otherwise within ninety days from the date of such finding.". (b) The Administrator of the Environmental Protection Agency shall conduct a study, in conjunction with other appropriate agencies, concerning the effect on the public health and welfare of sulfates, radioactive pollutants, cadmium, arsenic, and polycyclic organic matter which are present or may reasonably be anticipated to occur in the ambient air. Such study shall include a thorough investigation of how sulfates are formed and how to protect public health and welfare from the injurious effects, if any, of sulfates, cadmium, arsenic, and polycyclic organic matter.

91 STAT. 721

Notice and hearing.

Study by EPA. 42 USC 7422 note.

STACK H E I G H T S

SEC. 121. Part A of title I of the Clean Air Act is amended by adding the following new section at the end thereof: a STACK H E I G H T S

"SEC. 123. (a) The degree of emission limitation required for control 42 USC 7423. of any air pollutant under an applicable implementation plan under this title shall not be affected in any manner by— "(1) so much of the stack height of any source as exceeds good engineering practice (as determined under regulations promulgated by the Administrator), or "(2) any other dispersion technique. The preceding sentence shall not apply with respect to stack heights in existence before the date of enactment of the Clean Air Amendments of 1970 or dispersion techniques implemented before such date. In 42 USC 7401 establishing an emission limitation for coal-fired steam electric gener- note. ating units which are subject to the provisions of section 118 and Ante, p. 711. which commenced operation before July 1, 1957, the effect of the entire stack height of stacks for which a construction contract was awarded before February 8, 1974, may be taken into account. "(b) For the purpose of this section, the term 'dispersion technique' "Dispersion includes any intermittent or supplemental control of air pollutants technique." varying with atmospheric conditions. "(c) Not later than six months after the date of enactment of this Regulations. section, the Administrator, shall after notice and opportunity for Notice and public hearing, promulgate regulations to carry out this section. For hearing. purposes of this section, good engineering practice means, with respect Good engineering to stack heights, the height necessary to insure that emissions from the practice. stack do not result in excessive concentrations of any air pollutant in the immediate vicinity of the source as a result of atmospheric downwash, eddies and wakes which may be created by the source itself,

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