Page:United States Statutes at Large Volume 91.djvu/798

 91 STAT. 764

Ante, pp. 758-760, 762; Post, p. 768. Judicial review. 42 USC 7545.

PUBLIC LAW 95-95—AUG. 7, 1977 concentration thereof, and the emission products of such fuel or fdditive or specified concentration thereof, will not cause or contribute to a failure of any emission control device or system (over the useful life of any vehicle in which such device or system is used) to achieve compliance by the vehicle with the emission standards with respect to which it has been certified pursuant to section 206. If the Administrator has not acted to grant or deny an application under this paragraph within one hundred and eighty days of receipt of such application, the waiver authorized by this paragraph shall be treated as granted. "(5) No action of the Administrator under this section may be stayed by any court pending judicial review of such action.". (b) Section 211(d) of such Act is amended by inserting "or (f) after " (a) ". SMALL KEFINERIES

Definitions.

Lead additives, restrictions.

SEC. 223. Section 211 of the Clean Air Act is amended by adding the following new subsection at the end thereof: "(g)(1) For the purposes of this subsection: "(A) The terms 'gasoline' and 'refinery' have the meaning provided under regulations of the Administrator promulgated under this section. "(B) The term 'small refinery' means a refinery or a portion of refinery producing gasoline— "(i) the gasoline producing capacity of which was in operation or under construction at any time during the oneyear period immediately preceding October 1, 1976, and "(ii) which has a crude oil or bona fide feed stock capacity (as determined by the Administrator) of 50,000 barrels per day or less, and "(iii) which is owned or controlled by a refiner with a total combined crude oil or bona fide feed stock capacity (as determined by the Administrator) of 137,500 barrels per day or less. "(2) No regulations of the Administrator under this section (or any amendment or revision thereof) respecting the control or prohibition of lead additives in gasoline shall require a small refinery prior to October 1, 1982, to reduce the average lead content per gallon of gasoline refined at such refinery below the applicable amount specified in the table below: "If the average gasoline production of the small refinery for the immediately preceding calendar year (or. in the case of refineries under construction, half the designed crude oil capacity) was (in barrels per day): 5.000 or under 5.001 to 10,000 10,001 to 15,000 15,001 to 20,000 20,001 to 25,000 25,001 or over

Regulations. i

The applicable amount is (In grams per gallon) 2. 65. 2.15. 1,65. 1. 30. .80. as prescribed by the Administrator, but not greater than 0.80.

The Administrator may promulgate such regulations as he deems appropriate with respect to the reduction of the average lead content of gasoline refined by small refineries on and after October 1, 1982, taking into account the experience under the preceding provisions of this paragraph.

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