Page:United States Statutes at Large Volume 91.djvu/804

 91 STAT. 770

42 USC 7602.

PUBLIC LAW 95-95—AUG. 7, 1977 "(i) The term 'Federal land manager' means, with respect to any lands in the United States, the Secretary of the department with authority over such lands. "(j) Except as otherwise expressly provided, the terms 'major stationary source' and 'major emitting facility' mean any stationary facility or source of air pollutants which directly emits, or has the potential to emit, one hundred tons per year or more of any air pollutant (including any major emitting facility or source of fugitive emissions of any such pollutant, as determined by rule by the Administrator). "(k) The terms 'emission limitation' and 'emission standard' mean a requirement established by the State or the Administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirement relating to the operation or maintenance of a source to assure continuous omission reduction. "(1) The term 'standard of performance' means a requirement of continuous emission reduction, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction. "(m) The term 'means of emission limitation' means a system of continuous emission reduction (including the use of specific technology or fuels with specified pollution characteristics). "(n) The term 'primary standard attainment date' means the date specified in the applicable implementation plan for the attainment of a national primary ambient air quality standard for any air pollutant. "(o) The term 'delayed compliance order' means an order issued by the State or by the Administrator to an existing stationary source, postponing the date required under an applicable implementation plan for compliance by such source with any requirement of such plan. "(p) The term 'schedule and timetable of compliance' means a schedule of required measures including an enforceable sequence of actions or operations leading to compliance with an emission limitation, other limitation, prohibition, or standard.". (b) Section 302(e) of such Act is amended to read as follows: "(e) The term 'person' includes an individual corporation, partnership, association. State, municipality, political subdivision of a State, and any agency, department, or instrumentality of the United States and any officer, agent, or employee thereof.". (c) Section 302(g) of such Act is amended to read as follows: "(g) The term 'air pollutant' means any air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air.". EMERGEXCY POWERS

42 USC 7603.

consultation.

^^^- ^^'^' (^) Section 303 of the Clean Air Act is amended by inserting " (a) " after "303" and by adding the following at the end, thereof: "If it is not practicable to assure prompt protection of the health of persons solely by commencement of such a civil action, the Administrator may issue such orders as may be necessary to protect the health of persons who are, or may be, affected by such pollution source- (or sources). Prior to taking any action under this section, the Administrator shall consult with the State and local authorities in

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