Page:United States Statutes at Large Volume 91.djvu/829

 PUBLIC LAW 95-95—AUG. 7, 1977 tive problems. In formulating any such measure which provides for a charge, the appropriate level of the charge should be determined, if possible, and the environmental and economic impacts should be identified. (f) Within one year after the date of enactment of this Act, the Administrator shall complete a study and report to the Congress on the advantages and disadvantages (including an analysis of the feasibility) of establishing a system of penalties for stationary sources on emissions of oxides of nitrogen and make recommendation regarding the establishment of such a system. Such study shall determine if such a system will effectively encourage the development of more effective systems and technologies for control of emissions of oxides of nitrogen for new major emitting facilities, or existing major emitting facilities, or both. In any case in which a proposed penalty system is recommended by the Administrator, the report should include— (1) a recommendation respecting the appropriate period during which such system of penalties should apply, and the appropriate termination date or dates for such system, if any, taking mto account— (A) the time at which adequate technology may reasonably be anticipated to be available to control oxides of nitrogen for that category of facilities, CB) the degree to which such technology can be expected to be used on such facilities, and (C) the Administrator's authorities to require the use of such technology, and (2) recommendations respecting the compilation of records by facilities subject to such penalties for purposes of determining the applicability and amount of such penalty. (g) Not later than two years after the date of the enactment of this section, the Administrator and the Council shall conclude the study and assessment under this section and submit a report containing the results thereof to the President and to the Congress. Interim reports on specific pollution problems and solutions recommended shall be made available to the President and the Congress by the Administrator whenever available.

91 STAT. 795

Report to Congress.

Report to President and Congress. Interim reports to President and Congress.

SAVING P R O VI S I O N; KFFI'CnVE DATES

SEC. 406. (a) No suit, action, or other proceeding lawfully com- 42 USC 7401 menced by or against the Administrator or any other officer or note. employee of the United States in his official capacity or in relation to the discharge of his official duties under the Clean Air Act, as in effect 42 USC 7401 immediately prior to the date of enactment of this Act shall abate by "o^e. reason of the taking effect of the amendments made by this Act. The court may, on its own motion or that of any party made at any time within twelve months after such taking effect, allow the same to be maintained by or against the Administrator or such officer or employee. (b) All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to the Clean Air Act as in effect immediately prior to the date of enactment of this Act, and pertaining to any functions, powers, requirements, and duties under the Clean Air Act, as in effect immediately prior to the date of enactment of this Act, and

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