Page:United States Statutes at Large Volume 91.djvu/758

 91 STAT. 724 Ante, p. 694.

Ante, pp. 704, 705.

Authority delegation. "Locally or regionally available coal or coal derivatives."

PUBLIC LAW 95-95—AUG. 7, 1977 plan (or portion thereof) promulgated under section 110(c), any rule or order under subsection (c) corresponding to a prohibition under subsection (b), shall be treated as a part of such plan. For purposes of section 113, a prohibition under subsection (b), applicable to any source, and a corresponding rule or order under subsection (c), shall be treated as part of the applicable implementation plan for the State in which subject source is located. "(g) The President may delegate his authority under this section to an officer or employee of the United States designated by him on a case-by-case basis or in any other manner he deems suitable. "(h) For the purpose of this section the term 'locally or regionally available coal or coal derivatives' means coal or coal derivatives which is, or can in the judgment of the State or the Administrator feasibly be, mined or produced in the local or regional area (as determined by the Administrator) in which the major fuel burning stationary source is located.". INTERSTATE POLLUnON ABATEMENT

SEC. 123. Part A of title I of the Clean Air Act is amended by adding at the end thereof the following new section: "INTERSTATE POLLUTION ABATEMENT

42 USC 7426.

"SEC. 126. (a) Each applicable implementation plan shall— "(1) require each major proposed new (or modified) source— Post, p. 731. " (A) subject to part C, relating to significant deterioration of air quality, or " (B) which may significantly contribute to levels of air pollution in excess of the national ambient air quality standards in any air quality control region outside the State in which such source intends to locate (or make such modification), to provide written notice to all nearby States the air pollution levels of which may be affected by such source at least sixty days prior to the date on which commencement of construction is to be permitted by the State providing notice, and "(2) identify all ma] or existing stationary sources which may have the impact described in paragraph (1) with respect to new or modified sources and provide notice to all nearby States of the identity of such sources not later than three months after the ''"" date of enactment of the Clean Air Act Amendments of 1977. Petition. "(b) Any State or political subdivision may petition the Administrator for a finding that any major source emits or would emit any air Ante, p. 693. pollutant in violation of the prohibition of section 110(a)(2)(E)(i). Hearing. Within 60 days after receipt of any petition under this subsection and after public hearing, the Administrator shall make such a finding or deny the petition. "(c) Notwithstanding any permit which may have been granted by the State in which the source is located (or intends to locate), it shall be a violation of the applicable implementation plan in such State— "(1) for any major proposed new (or modified) source with respect to which a finding has been made under subsection (b) to be constructed or to operate in violation of the prohibition of section, 110(a)(2)(E)(i), or "(2) for any major existing source to operate more than three months after such finding has been made with respect to it.

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