Page:United States Statutes at Large Volume 91.djvu/756

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 722

nearby structures or nearby terrain obstacles (as determined by the Administrator). For purposes of this section such height shall not exceed two and a half times the height of such source unless the owner or operator of the source demonstrates, after notice and opportunity for public hearing, to the satisfaction of the Administrator, that a greater height is necessary as provided under the preceding sentence. In no event may the Administrator prohibit any increase in any stack height or restrict in any manner the stack height of any source.". ASSURANCE OF PLAN

ADEQUACY

SEC. 122. Part A of title I of the Clean Air Act is amended by adding the following new sections at the end thereof: ASSURANCE OF ADEQUACY OF STATE PLANS Review.

42 USC 7424.

Plan revision.

"SEC. 124. (a) As expeditiously as practicable but not later than one year after date of enactment of this section, each State shall review the provisions of its implementation plan which relate to major fuel burning sources and shall determine— "(1) the extent to which compliance with requirements of such plan is dependent upon the use by major fuel burning stationary sources of petroleum products or natural gas, "(2) the extent to which such plan may reasonably be anticipated to be inadequate to meet the requirements of this Act in such State on a reliable and long-term basis by reason of its dependence upon the use of such fuels, and "(3) the extent to which compliance with the requirements of such plan is dependent upon use of coal or coal derivatives which is not locally or regionally available. Each State shall submit the results of its review and its determination under this paragraph to the Administrator promptly upon completion thereof. "(b)(1) Not later than eighteen months after the date of enactment of this section, the Administrator shall review the submissions of the States under subsection (a) and shall require each State to revise its plan if, in the judgment of the Administrator, such plan revision is necessary to assure that such plan will be adequate to assure compliance with the requirements of this Act in such State on a reliable and long-term basis, taking into account the actual or potential prohibitions on use of petroleum products or natural gas, or both, under any other authority of law. "(2) Before requiring a plan revision under this subsection, with respect to any State the Administrator shall take into account the report of the review conducted by such State under paragraph (1) and shall consult with the Governor of the State respecting such required revision. ((MEASURES

Notice and hearing.

42 USC 7425.

TO PREVENT ECONOMIC DISRUPTION OR UNEMPLOYMENT

"SEC. 125. (a) After notice and opportunity for a public hearing— "(1) the Governor of any State in which a major fuel burning stationary source referred to in this subsection (or class or category thereof) is located, "(2^ the Administrator, or " (3) the President (or his designee), may determine that action under subsection (b) is necessary to prevent

�