Page:United States Statutes at Large Volume 91.djvu/811

 PUBLIC LAW 95-95—AUG. 7, 1977 and employees (including the Kegional Administrator) to follow in carrying out a delegation under paragraph (1), if any. Such regulations shall be designed— "(A) to assure fairness and uniformity in the criteria, procedures, and policies applied by the various regions in implementing and enforcing the Act; "(B) to assure at least an adequate quality audit of each State's performance and adherence to the requirements of this Act in implementing and enforcing the Act, particularly in the review of new sources and in enforcement of the Act; and "(C) to provide a mechanism for identifying and standardizing inconsistent or varying criteria, procedures, and policies being employed by such officers and employees in implementing and enforcing the Act.". (f) Section 307 of such Act, as amended by section 303(d) of this Act, is amended by adding the following new subsection at the end thereof: "(f) In any judicial proceeding under this section, the court may award costs of litigation (including reasonable attorney and expert witness fees) whenever it determines that such award is appropriate.". (g) Section 307 of such Act is amended by adding the following new subsection at the end thereof: "(g) In any action respecting the promulgation of regulations under section 120 or the administration or enforcement of section 120 no court shall grant any stay, injunctive, or similar relief before final judgment by such court in such action.". (h) Section 307(b) of such Act is amended by inserting "any order under section 120," after "111 (d)".

91 STAT. 777

Court costs. Ante, p. 772.

Relief.

Ante, p. 714.

Ante, p. 776.

SEWAGE TREATMENT GRANTS

SEC. 306. Title III of the Clean Air Act is amended by striking out section 316 and adding the following new section at the end thereof: u SEWAGE TREATMENT

GRANTS

"SEC. 316. (a) No grant which the Administrator is authorized to Construction. make to any applicant for construction of sewage treatment works in 42 USC 7616,, any area in any State may be withheld, conditioned, or restricted by the Administrator on the basis of any requirement of this Act except as provided in subsection (b). "(b) The Administrator may withhold, condition, or restrict the Restriction. making of any grant for construction referred to in subsection (a) only if he determines that— "(1) such treatment works will not comply with applicable Ante, pp. 697., standards under section 111 or 112, "(2) the State does not have in effect, or is not carrying out, a 699-701, 703; State implementation plan approved by the Administrator which Post, p. 791. pp. expressly quantifies and provides for the increase in emissions of Ante, Post,701,, p. 796. each air pollutant (from stationary and mobile sources in any 703; Emissions, area to which either part C or part D of title I applies for such increase. pollutant) which increase may reasonably be anticipated to result Ante, pp. 731, directly or indirectly from the new sewage treatment capacity 746. which would be created by such construction. "(3) the construction of such treatment works would create new sewage treatment capacity which—

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