Page:United States Statutes at Large Volume 92 Part 3.djvu/713

 PUBLIC LAW 95-620—NOV. 9, 1978

92 STAT. 3345

Subtitle G—Coordination with other Provisions of Law SEC. 761. EFFECT ON ENVIRONMENTAL REQUIREMENTS. (a)

COMPLIANCE W I T H

APPLICABLE ENVIRONMENTAL REQUIRE-

42 USC 8471.

MENTS.—Except as provided i n section 404, nothing in this Act shall be '^"'^e, p. 3319. construed as permitting any existing or new electric powerplant or major fuel-burning installation to delay or avoid compliance with applicable environmental requirements. (b)

LOCAL ENVIRONMENTAL REQUIREMENTS. — I n the case of

any

new or existing facility— (1) which is subject to any prohibition under this Act, and (2) which is also subject to any requirement of any local environmental requirement which may be stricter than any Federal or State environmental requirement, the existence of such local requirement shall not be construed to affect the validity or applicability of such prohibition to such facility, except to the extent provided under section 212(b) or section 312(b); Ante, pp. 3300, and the existence of such prohibition shall not be construed to pre- 3309. empt such local requirement with respect to that facility. SEC. 762. EFFECT OF ORDERS UNDER SECTION 2 OF ESECA; AMENDMENTS TO ESECA. (a) E F F E C T OF CONSTRUCTION ORDERS.—Any electric p o w e r p l a n t or

42 USC 8472.

major fuel-burning installation issued an order pursuant to section 2(c) of the E n e r ^ Supply and Environmental Coordination Act of 1974 that is pending on the effective date of this Act shall, notwith- 15 USC 792. standing the provisions of such section 2(c) o r any other provision of this Act, be subject to the provisions of this Act as if it were a new electric powerplant or new major fuel-burning installation, as the case may be, except that if such order became final before such date, the provisions of title II of this Act shall not apply to such power- Ante, p. 3298. plant or installation. (b) E F F E C T OF PROHIBITION ORDERS.—The provisions of titles II

and III shall not apply to any powerplant or installation for which Ante, pp. 3298, an order issued pursuant to section 2(a) of the Energy Supply and ^^QEnvironmental Coordination Act of 1974 before the effective date of 15 USC 792. this Act is pending o r final o r which, on review, was held unlawful and set aside on the m e r i t s; except that any installation issued such an order under such section 2(a) which is pending on the effective date of this Act may elect to be covered by title II or III (as the case may be) rather than such section 2. Such a n election shall be irrevocable and shall be made in such form and manner as the Secretary shall, within 90 days after the date of the enactment of this Act, prescribe. Such an election shall be made not later than 60 days after the date on which the Secretary prescribes the form and manner of making such election. (c)

VALIDITY OF ORDERS.—The preceding provisions of t h i s Act

shall not affect the validity of any order issued under subsection (a), or any final order under subsection (c), of section 2 of the Energy S u p p l y and Environmental Coordination Act of 1974, and the authority of the Secretary to amend, repeal, rescind, modify, o r enforce any such order, o r rules applicable thereto, shall remain in effect notwithstanding any limitation of time otherwise applicable to such

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