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Page:United States Statutes at Large Volume 91.djvu/705

 PUBLIC LAW 9 5 - 9 4 — A U G. 5, 1977

91 STAT. 671

law so long as these positions are held by the present incumbents, and (5) to pay the three sergeants of the uniform force detailed under the authority of this paragraph the salary of sergeant and such increases in basic compensation as may be subsequently provided by law so long as these positions are held by the present incumbents. Xo part of any appropriation contained in this Act shall be paid Limitation. as compensation to any person appointed after June 30, 1935, as an officer or member of the Capitol Police who does not meet the standards to be prescribed for such appointees by the Capitol Police ":• B o a r d: Provided, That the Capitol Police Board is hereby authorized to detail police from the House Office, Senate Office, and Capitol Buildings for police duty on the Capitol Grounds and on the L i b r a r y of Congress Grounds. EDUCATION OF PAGES

For education of congressional pages and pages of the Supreme Court, pursuant to part 9 of title IV of the Legislative Eeorganization Act, 1970, and section 243 of the Legislative Reorganization Act, 1946, $193,700, wdiich amount shall be advanced and credited to the applicable appropriation of the District of Columbia, and the Board of Education of the District of Columbia is hereby authorized to employ such personnel for the education of pages as may be required and to pay compensation for such services in accordance with such rates of compensation as the Board of Education may prescribe. OrriGix\L M A I L

2 USC 88b-l and note, 40 u s e 184a. 2 USC 88a. D.C. eode 31-121.

COSTS

For expenses necessary for official mail costs pursuant to title 39, U.S.C. section 3216, $48,926,000, to be available immediately on enactment of this Act. The foregoing amounts under "other joint items" shall be disbursed by the Clerk of the House. CAPITOL G U I D E

SERVICE

For salaries and expenses of the Capitol Guide Service, $403,700, to be disbursed by the Secretary of the Senate: Provided, That, effective October 1, 1977, section 441(c)(2) of the Legislative Reorganization Act of 1970 (40 U.S.C. 851(c)(2)) is amended by striking out "a Chief Guide and an Assistant Chief Guide" and inserting in lieu thereof "a Chief Guide, a Deputy Chief Guide, and an Assistant Chief G u i d e ": Provided further, That none of these funds shall be Limitation. used to employ more than twenty-eight individuals: Provided further, That the Capitol Guide Board is authorized, during emergencies, to employ not more than two additional individuals for not more than one hundred twenty days each for the Capitol Guide Service. STATEMENTS or

APPROPRIATIONS

For the preparation, under the direction of the Committees on contracts. Appropriations of the Senate and House of Representatives, of the statements for the first session of the Ninety-fifth Congress, showing appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular appropriation bills as required by law, $13,000, to be paid to the persons designated by the chairman of such committees to supervise the work.

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Page:United States Statutes at Large Volume 91.djvu/706

 PUBLIC LAW 95-94—AUG. 5, 1977

91 STAT. 672 lah,

OFFICE OF TECHNOLOGY ASSESSMENT SALARIES AXD EXPENSES

For salaries and expenses necessary to carry out the provisions of 2 USC 471 note, the Technology Assessment Act of 1972 (Public Law 92^84), including rental of space in the District of Columbia, $7,400,000: Provided, That the appropriation under this head for the fiscal year 1977 (Public 90 Stat. 1452. Law 94-440) is hereby amended by adding after the amount "$6,624,000" a comma and the words "of which $900,000 shall remain Limitation. available until expended": Provided further, That none of the funds in this Act shall be available for salaries or expenses of any employee of the Office of Technology Assessment in excess of 130 staff employees, except that any reduction in total employment necessary to meet this limitation on employment is to be accomplished by attrition: ATid provided further, That this limitation shall not prevent staff appointments necessary to maintain an operating balance between professional staff skills and support staff or prevent the position of Director or i " ^ ^ - ""' Deputy Director from being filled should it become vacant. CONGRESSIONAL BUDGET OFFICE SALARIES AND EXPENSES

31 USC 1301 note. Limitation.

For salaries and expenses necessary to carry out the provisions of the Congressional Budget Act of 1974 (Public Law 93-344), $10,400,000: Provided, That none of these funds shall be available for the purchase or hire of a passenger motor vehicle: Provided further, That none of the funds in this Act shall be available for salaries or expenses of any employee of the Congressional Budget Office in excess of 208 staff employees. ARCHITECT OF THE CAPITOL OFFICE OF THE ARCHITECT OF THE CAPITOL SALARIES

Limitation. 40 USC 166a.

For the Architect of the Capitol; the Assistant Architect of the Capitol; the Executive Assistant; and other personal services; at rates of pay provided by law, $2,002,800. Appropriations under the control of the Architect of the Capitol shall be available for expenses of travel on official business not to exceed in the aggregate under all funds the sum of $20,000. For an additional amount for "Office of the Architect of the Capitol, salaries", fiscal year 1977, $27,400. C O N T I N G E N T EXPENSES

Studies. 40 USC 166d.

To enable the Architect of the Capitol to make surv^eys and studies, to incur expenses authorized by the Act of December 13, 1973 (87 Stat. 704), and to meet unforeseen expenses in connection with activities under his care, $120,000.

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Page:United States Statutes at Large Volume 91.djvu/707

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PUBLIC LAW 95-94—AUG. 5, 1977 CAPITOL BUILDINGS AND GROUNDS

91 STAT. 673 •

,;

CAPITOL BUILDINGS

For necessary expenditures for the Capitol Building and electrical substations of the Senate and House Office Buildings, under the jurisdiction of the Architect of the Capitol, including improvements, maintenance, repair, equipment, supplies, material, fuel, oil, waste, and appurtenances; security installations authorized by House Concurrent Eesolution 550, Ninety-second Congress, agreed to September 19, 1972, the cost limitation of which is hereby further increased by $24,000; furnishings and office equipment; special and protecrive clothing for workmen; uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902); personal and other services; cleaning and repairing works of art and prevention and eradication of insect and other pests without regard to section 3709 of the Revised Statutes, as amended; preservation of historic drawings through use of document 41 USC 5. conservation laboratory facilities of the Library of Congress on a reimbursable basis; purchase or exchange, maintenance and operation of a passenger motor vehicle; purchase of necessary reference boolvS and ]:)eriodicals; for expenses of attendance, when specifically authorized by the Architect of the Capitol, at meetings or conventions in connection with subjects related to work under the Architect of the Capitol, $5,516,000, of which $57,500 shall remain available until expended: Provided, That the appropriation under this head for the fiscal year 1977 (Public Law 94-440) is hereby amended by adding 90 Stat. 1453. at the end of the first paragraph a comma and the words "of which $500,000 shall remain available until expended". CAPITOL GROUNDS

For care and improvement of grounds surrounding the Capitol, the Senate and House Office Buildings, and the Capitol Power Plant; personal and other services; care of trees; planting; fertilizer; repairs to pavements, walks, and roadways; waterproof wearing apparel; maintenance of signal lights; and for snow removal by hire of men and equipment or under contract without regard to section 3709 of the Revised Statutes, as amended, $1,919,500.' 41 USC 5. SENATE OFFICE BUILDINGS

For maintenance, miscellaneous items and supplies, including furni;..^;,.,. ture, furnishings, and equipment, and for labor and material incident thereto, and repairs thereof; for purchase of waterproof wearing a pparel, and for personal and other services; for the care and operation of the Senate Office Buildings; including the subway and subway transportation systems connecting the Senate Office Buildings with the Capitol; uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902), prevention and eradication of insect and other pests without regard to section 3709 of the Revised Statutes as amended; to be expended under the control and supervision of the Architect of the Capitol in all $9,102,000, of which $200,000 shall remain available until expended: Provided, That the appropriation under this head for the fiscal year 1977 (Public Law 94-440) is 90 Stat. 1453. hereby amended by striking out the amount "$980,000" in the first paragraph and inserting in lieu thereof the amount "$1,208,000"Provided further, That effective as of the beginning of the first

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Page:United States Statutes at Large Volume 91.djvu/708

 91 STAT. 674

PUBLIC LAW 95-94—AUG. 5, 1977 applicable pay period which begins on or after the date of enactment hereof and thereafter, so long as the position is held by the present incumbent, the per annum gross rate of compensation of the position of Assistant Superintendent, Senate Office Buildings, under the Architect of the Capitol, shall be fixed by the Architect, without regard to Chapter 51 and Subchapters III and IV of Chapter 53 of Title 5, United States Code, at an annual rate of $42,000, and shall thereafter be adjusted in accordance with the provisions of section 5307 of Title 5, United States Code. For an additional amount for "Senate Office Buildings", fiscal year 1977, $380,000, for preliminary planning for modifications and alterations to the Russell and Dirksen Buildings, to remain available until September 30, 1979. SENATE GARAGE

For maintenance, repairs, alterations, personal and other services, and all other necessary expenses, $153,500. HOUSE OFFICE BUILDINGS

.;.. i u -

For maintenance, including equipment; waterproof wearing apparel; uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902); prevention and eradication of insect and other pests without regard to section 3709 of the Revised Statutes, as amended; miscellaneous items; and for all necessary services, includjj^^ ^]^Q position of Superintendent of Garages as authorized by law, $18,176,900, of which $4,875,000 shall remain available until expended. CAPITOL POWER PLANT

^^'-

90 Stat. 1454.

For lighting, heating, and power (including the purchase of electrical energy) for the Capitol, Senate and House Office Buildings, Supreme Court Building, Congressional Library Buildings, and the grounds about the same, Botanic Garden, Senate garage, and for airconditioning refrigeration not supplied from plants in any of such buildings; for heating the Government Printing Office, Washington City Post Office, and Folger Shakespeare Library, reimbursement for which shall be made and covered into the Treasury; personal and other services, fuel, oil, materials, waterproof wearing apparel, and all other necessary expenses in connection with the maintenance and operation of the plant, $12,317,000: Provided, That the appropriation under this head for the fiscal year 1977 (Public Law 94-440) is hereby amended by adding after the amount "$11,172,000" a comma and the words "of which $24,000 shall remain available until expended". LIBRARY OF CONGRESS CONGRESSIONAL RESEARCH SERVICE SALARIES AND EXPENSES

>; !... ••

For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946, as amended by section 321 of the Legislative Reorganization Act of 1970 (2 U.S.C. 166) and to revise and extend the Annotated Constitution of the United States of America, $21,795,000: Provided, That no part of this appropriation may be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of

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Page:United States Statutes at Large Volume 91.djvu/709

 PUBLIC LAW 9 5 - 9 4 — A U G. 5, 1977

91 STAT. 675

Public General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either the Committee on House Administration or the Senate Committee on Eules and Administration. For an additional amount for "Congressional Research Service, salaries and expenses", fiscal year 1977, $259,000, of which $127,000 shall be derived by transfer from the appropriation "Copyright Office, salaries and expenses". GOVERNMENT PRINTING

OFFICE

CONGRESSIONAL P R I N T I N G AND B I N D I N G

For authorized p r i n t i n g and binding for the Congress; for p r i n t i n g and binding for the Architect of the Capitol; expenses necessary for p r e p a r i n g the semimonthly and session index to the Congressional Record, as authorized by law (44 U.S.C. 902); and p r i n t i n g and binding of Government publications authorized by law to be distributed to Members of Congress, $71,674,000: Provided, That this appropriation shall not be available for p r i n t i n g and binding part 2 of the annual report of the Secretary of Agriculture (known as the Yearbook of Agriculture): Prodded further, That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal year s: Provided furtlier^ That no part of this appropriation shall be used to p r i n t a Congressional Directory for the second regular session of the 95th Congress other than a pamphlet supplement to the Congressional Directory for the first session of such Congress. This title may be cited as the "Congressional Operations A p p r o - Citation of title, priation Act, 1978". ' J T T L E II — R E L A T E D AGENC^IES BOTANIC GARDEN SALARIES AND

^

EXPENSES

For all necessary expenses incident to maintaining, operating, repairing, and improving the Botanic Garden and the nurseries, buildings, grounds, collections, and equipment pertaining thereto, including personal services; waterproof wearing a p p a r e l; emergency medical supplies; traveling expenses, including bus fares, not to exceed $275; the prevention and eradication of insect and other pests and plant diseases by purchase of materials and procurement of personal services by contract without regard to the provisions of any other Act; purchase and exchange of motor t r u c k s; purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; purchase of botanical books, periodicals, and books of reference; all under the direction of the Joint Committee on the Library, $1,283,000. LIBRARY OF CONGRESS SALARIES AND E X P E N S E S

For necessary expenses of the Library of Congress, not otherwise provided for, including development and maintenance of the Union Catalogs; custody, care, and maintenance of the L i b r a r y B u i l d i n g s; special clothing; cleaning, laundering, and repair of uniforms; pres-

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Page:United States Statutes at Large Volume 91.djvu/710

 9 1 STAT. 676

PUBLIC LAW 9 5 - 9 4 — A U G. 5, 1977 ervation of motion pictures in the custody of the L i b r a r y; for the National Program for Acquisition and Cataloging of L i b r a r y mater i a l; operation and maintenance of the American Folklife Center in the L i b r a r y; preparation and distribution of catalog cards and other publications of the L i b r a r y; and expenses of the L i b r a r y of Congress T r u s t F u n d Board not properly chargeable to the income of any trust fund held by the Board, $81,295,000, of which $4,026,000 is to remain available until expended for acquisition of books, periodicals, and newspapers, and all other material including subscriptions for bibliographic services for the L i b r a r y and the law library, including $40,000 to be available solely for the purchase, when specifically approved by the Librarian, of special and unique materials for additions to the collections: Provided, That not to exceed $6,500,000 of the funds credited to this appropriation during fiscal year 1978 under the Act of June 28, 1902 (2 U.S.C. 150) shall be available for obligation during such fiscal year. COPYRIGHT

OFFICE

SALARIES AND EXPENSES

_,,:.->,,.:„,^,

For necessary expenses of the Copyright Office, including publication of the decisions of the United States courts involving copyrights, $7,945,500: Provided, That not to exceed $3,000,000 of the funds credited to this appropriation during fiscal year 1978 under section 203 of Title 17, United States Code (as in effect prior to January 1, 1978), and under section 708(c) of such title (as in effect on and after January 1, 1978) shall be available for obligation during such fiscal year. NATIONAL COMMISSION ON N E W TECHNOLOGICAL U S E S OF COPYRIGHTED WORKS ,^.^ .• SALARIES AND EXPENSES

Post, p. 1226.

For necessary expenses of the National Commission on New Technological Uses of Copyrighted W o r k s, $520,500: Provided, That $272,000 of this appropriation shall be available only upon enactment into law of H.R. 4836 or equivalent legislation. BOOKS FOR THE B L I N D AND P H Y S I C A L L Y

HANDICAPPED

SALARIES A N D EXPENSES

For salaries and expenses to carry out the provisions of the Act approved March 3, 1931 (2 U.S.C. 135a), as amended, $28,720,700. COLLECTION AND DISTRIBUTION OF LIBRARY MATERIALS ( S P E C I A L FOREIGN CURRENCY PROGRAM)

For necessary expenses for carrying out the provisions of section 1 0 4 (b)(5) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), to remain available until expended, $3,441,200, of which $3,184,600 shall be available only for payments in any foreign currencies owed to or owned by the United States which the Treasury Department shall determine to be excess to the normal requirements of the United States.

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Page:United States Statutes at Large Volume 91.djvu/711

 PUBLIC LAW 95-94—AUG. 5, 1977

91 STAT. 677

FURNITURE AXD FURNISHINGS

For necessary expenses for the purchase and repair of furniture, furnishings, office and library equipment, and purchase of a medium sedan for replacement, $7,030,700, of which $6,214,000 shall be available until expended only for the purchase and supply of furniture, book stacks, shelving, furnishings, and related costs necessary for the initial outfitting of the James Madison Memorial Library Building. ADMINISTRATIVE PROVISIONS

SEC. 201. Appropriations in this Act available to the Library of Congress for salaries shall be available for expenses of personnel security and suitability investigations of Library employees; special and temporary services (including employees engaged by day or hour or in piecework); and services as authorized by 5 U.S.C. 3109. SEC. 202. Not to exceed fifteen positions in the Library of Congress may be exempt from the provisions of appropriation acts concerning the employment of aliens during the current fiscal year, but the Librarian shall not make any appointment to any such position until he has ascertained that he cannot secure for such appointments a person in any of the categories specified in such provisions who possesses the special qualifications for the particular position and also otherwise meets the general requirements for employment in the Library of Congress. SEC. 203. Funds available to the Library of Congress may be expended to reimburse the Department of State for medical services rendered to employees of the Library of Congress stationed abroad and for contracting on behalf of and hiring alien employees for the Library of Congress under compensation plans comparable to those authorized by section 444 of the Foreign Service Act of 1946, as amended (22 U.S.C. 889(a)); for purchase or hire of passenger motor vehicles; for payment of travel, storage and transportation of household goods, and transportation and per diem expenses for families enroute (not to exceed twenty-four); for benefits comparable to those payable under sections 911(9), 9 i l ( l l), and 941 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1136(9), 1136(11), and 1156, respectively); and travel benefits comparable with those which are now or hereafter may be granted single employees of the Agency for International Development, including single Foreign Service personnel assigned to A.I.D, projects, by the Administrator of the Agency for International Development—or his designee—under the authority of section 636(b) of the Foreign Assistance Act of 1961 (Public Law 87-195, 22 U.S.C. 2396(b)); subject to such rules and regulations as may be issued by the Librarian of Congress. SEC. 204. Payments in advance for subscriptions or other charges for bibliographical data, publications, materials in any other form, and services may be made by the Librarian of Congress whenever he determines it to be more prompt, efficient, or economical to do so in the interest of carrying out required Library programs. SEC. 205. Appropriations in this Act available to the Library of Congress shall be available, in an amount not to exceed $99,600, when specifically authorized by the Librarian, for expenses of attendance at meetings concerned with the function or activity for which the appropriation is made. SEC. 206. Funds available to the Library of Congress may be expended to provide additional parking facilities for Library of Congress employees in an area or areas in the District of Columbia out-

Library of Congress,

Aliens, employment.

2 USC 169.

2 USC 143a.

Advance payment,

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Page:United States Statutes at Large Volume 91.djvu/712

 91 STAT. 678

2 USC 142e.

Certificate.

17 USC app. 805 note.

PUBLIC LAW 95-94—AUG. 5, 1977 side the limits of the Library of Congress grounds, and to provide for transportation of such employees to and from such area or areas and the Library of Congress grounds without regard to the limitations imposed by 31 U.S.C. 638a (c)(2). SEC. 207. The Disbursing Officer of the Library of Congress is authorized to disburse funds appropriated for the Congressional Budget Office, and the Library of Congress shall provide financial management support to the Congressional Budget Office as may be required and mutually agreed to by the Librarian of Congress and the Director of the Congressional Budget Office. From and after January 1, 1976, the Library of Congress is authorized to compute and disburse the basic pay of all personnel of the Congressional Budget Office pursuant to the provisions of section 5504 of Title 5 of the United States Code, except the Director, who as head of an agency, shall have pay computed and disbursed pursuant to the provisions of section 5505 of Title 5 of the United States Code. All vouchers certified for payment by duly authorized certifying officers of the Library of Congress shall be supported with a certification by an officer or employee of the Congressional Budget Office duly authorized in writing by the Director of the Congressional Budget Office to certify payments from appropriations of the Congressional Budget Office. The Congressional Budget Office certifying officers shall (1) be held responsible for the existence and correctness of the facts recited in the certificate or otherwise stated on the voucher or its supporting paper and the legality of the proposed payment under the appropriation or fund involved, (2) be held responsible and accountable for the correctness of the computations of certifications made, and (3) be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by him, as well as for any payment prohibited hj law which did not represent a legal obligation under the appropriation or fund involved: Provided, That the Comptroller General of the United States may, at his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds (1) that the certification was based on official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained the actual facts, or (2) that the obligation was incurred in good faith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment: Provided further, That the Comptroller General shall relieve such certifying officer or employee of liability for an overpayment for transportation services made to any common carrier covered by section 66 of Title 49 of the United States Code, whenever he finds that the overpayment occurred solely because the administrative examination made prior to payment of the transportation bill did not include a verification of transportation rates, freight classifications, or land grant deduction. The Disbursing Officer of the Library of Congress shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate, the responsibility for which is imposed upon a certifying officer or employee of the Congressional Budget Office. SEC. 208. The Library of Congress is authorized to compute and disburse basic pay of all personnel of the Copyright Royalty Tribunal pursuant to the provisions of section 5504 of title 5 of the United States Code.

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Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/424

 386 And I regret especially that I have been able to say so little about early local history; for I hold the belief that this study is particularly necessary to folklorists. Theories grounded on folklore alone seem to me very one-legged affairs, sure to topple over unless they can be supported by the results of kindred studies; and I should be sorry if any of the theories I have advanced were to be taken as proven results, not as suggestions thrown out for further examination. All students of newly-discovered branches of human knowledge must, I suppose, knock their heads against the ends of many blind alleys before they find the clear road to the desired goal; but even mistakes and unsuccessful attempts are not without their uses if they put others on the right scent; and so long as we are content to go slowly and are careful not to be "cocksure," but to keep before our minds the possibility that even we may make mistakes, I have no fear but that we shall discover our North-west Passage at last.


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Page:United States Statutes at Large Volume 91.djvu/713

 PUBLIC LAW 9 5 - 9 4 — A U G. 5, 1977 ARCHITECT OF THE

91 STAT. 679

CAPITOL

LIBRARY BUILDINGS AND GROUNDS STRUCTURAL AND MECHANICAL CARE

For necessary expenditures for mechanical and structural maintenance, including improvements, equipment, supplies, waterproof wearing apparel, and personal and other services, $2,169,100, of which $100,000 shall remain available until expended. COPYRIGHT ROYALTY

TRIBUNAL

SALARIES AND E X P E N S E S

For necessary expenses of the Copyright Royalty Tribunal, $726,000. GOVERNMENT PRINTING OFFICE

P R I N T I N G AND B I N D I N G

For authorized printing, binding, and distribution of the Federal Register (including the Code of Federal Regulations) as authorized by law (44 U.S.C. 1509, 1510); and p r i n t i n g and binding of Government publications authorized by law to be distributed without charge to the recipient, $12,952,500: Provided, That this appropriation shall not be available for p r i n t i n g and binding part 2 of the annual report of the Secretary of Agriculture (known as the Yearbook of Agriculture): Provided further, That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding jfiscal year s: Provided further, That Limitation. this appropriation shall not be available to provide more than 34 copies of the daily edition of the Congressional Record to any Representative (including Delegates to Congress and the Resident Commissioner from P u e r to Rico) for distribution to designees of their choice: Provided further, That no part of this appropriation shall be used to furnish more than fifty transferable copies of the daily edition of the Congressional Record to each Senator under section 906 of title 44, United States Code, nor to furnish any such copy to a Senator for transfer other than to a public agency or institution. On or before September 1, 1977, or as soon thereafter as practicable, the Public P r i n t e r shall notify each Member of the Senate and House of Representatives of the names and addresses of all those receiving the Congressional Record that are charged to such Member of the Senate and House of Representatives. OFFICE OF SUPERINTENDENT OF DOCUMENTS SALARIES AND EXPENSES

For necessary expenses of the Office of Superintendent of Documents, including compensation of all employees in accordance with the provisions of 44 U.S.C. 305; travel expenses (not to exceed $88,300): Provided, That expenditures in connection with travel expenses of the Depository Library Council to the Public P r i n t e r shall be deemed necessary to carry out the provisions of chapter 19 of title 44, United States Code; price lists and bibliographies; repairs to buildings, elevators, and machinery; and supplying books to deposi-

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Page:United States Statutes at Large Volume 91.djvu/714

 9 1 STAT. 680

PUBLIC LAW 9 5 - 9 4 — A U G. 5, 1977 tory libraries; $21,751,000: Provided further, That $300,000 of this appropriation shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), with the approval of the Public P r i n t e r, only to the extent necessary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments. For an additional amount for "Salaries and Expenses, Superintendent of Documents", fiscal year 1977, $900,000. GOVERNMENT P R I N T I N G OFFICE REVOLVING

31 USC 849.

FUND

The Government P r i n t i n g Office is hereby authorized to make such expenditures, within the limits of funds available and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs and purposes set forth in the budget for the current fiscal year for the "Government P r i n t i n g Office revolving f u n d ": Provided, That not to exceed $5,000 may be expended on the certification of the Public P r i n t e r in connection with special studies of governmental printing, binding, and distribution practices and procedures: Provided further. That during the current fiscal year the revolving fund shall be available for the hire of two passenger motor vehicles and the purchase of one passenger motor vehicle. GENERAL ACCOUNTING

OFFICE

SALARIES AND E X P E N S E S

For necessary expenses of the General Accounting Office, including not to exceed $5,000 to be expended on the certification of the Comptroller General of the United States in connection with special studies of governmental financial practices and procedures; services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per 5 USC 5332 note, diem rate equivalent to the rate for g r a d e G S - 1 8; hire of one passenger motor vehicle; advance payments in foreign countries notwithstanding section 3648, Revised Statutes, as amended (31 U.S.C. 529); benefits comparable to those payable under sections 911(9), 911(11) and 942 (a) of the Foreign Service Act of 1946, as amended (22 U.S.C. 1136 (9), 1136(11), and 1157(a), respectively); and under regulations prescribed by the Comptroller General of the United States, rental of living quarters in foreign countries and travel benefits comparable with those which are now or hereafter may be granted single employees of the Agency for International Development, including single Foreign Service personnel assigned to A.I.D. projects, by the Administrator of the Agency for International Development—or his designee—under the authority of section 636(b) of the Foreign Assistance Act of 1961 (Public Law 87-195,22 U.S.C. 2396 (b)), $167,000,000: Provided, That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the Joint F i n a n cial Management Improvement Program ( J F M I P) shall be available to finance an appropriate share of J F M I P costs as determined by the J F M I P, including but not limited to the salary of the Executive Secretary and secretarial s u p p o r t: Provided further, That this appropriation and appropriations for administrative expenses of any other

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Page:United States Statutes at Large Volume 91.djvu/715

 PUBLIC LAW 9 5 - 9 4 — A U G. 5, 1977

91 STAT. 6 8 1

department or agency which is a member of the National Intergovernmental A u d i t For u m or a Regional Intergovernmental A u d i t For u m shall be available to finance an appropriate share of For u m costs as determined by the For u m, including necessary travel expenses of nonFederal participants. Payments hereunder to either the For u m or the J F M I P may be credited as reimbursements to any appropriation from which costs involved are initially financed.

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COST-ACCOT'XTIXG STANDARDS ]K)ARD SALARIES AXD EXPENSES

For expenses of the Cost-Accounting Standard s Board necessary to carry out the provisions of section 719 of the Defense Production Act of 1950, as amended (Public Law 91-379, approved August 15, 1970), $1,837,000. 50 USC app. 2168.

TITLE III—CAPITAL

IMPROVEMENTS

ARCHITECT OF THE CAPITOL W E S T CENTRAL F R O N T OF THE CAPITOL

The Architect of the Capitol is authorized and directed (1) to conduct a study of the utilization of space in the United States Capitol for the purpose of recommending and reporting to the Speaker of the House of Representatives and the President of the Senate and to the Committees on Appropriations of both Houses, and the Senate Committee on Rules and Administration, those offices which, by virtue of the functions performed therein, should be located in the Capitol and those offices which could be relocated to the House and Senate Office Buildings and Annexes; (2) to prepare drawings and specifications for restoration of the West Central F r o n t of the United States Capitol in accordance with each of the various plans and alternatives proposed to the Committees on Appropriations during hearings on Legislative Branch Appropriatons for 1978; and (3) to prepare drawings and specifications for extension of the West Central F r o n t of the United States Capitol in accordance with the modified plan for extension of the West Central F r o n t approved by the Commission for Extension of the United States Capitol on April 7, 1977; the drawings and specifications to be prepared in such detail as will enable the cost of such restoration proposals and extension proposal to be ascertained. The unexpended balance of appropriations heretofore appropriated under the heading, " E X T E N S I O N OF THE CAPITOL" shall be transfer r e d imme-

diately upon approval of this Act to a Commission on the West Cent r a l F r o n t of the United States Capitol which shall be composed of the following: The Vice President of the United States, who shall be the Chairman, the Speaker of the House of Representatives, the Majority and Minority Leaders of the House of Representatives, and the Majority and Minority l e a d e r s of the Senate. Such unexpended balances shall be available for (1) the conduct of such study and (2) the preparation of such drawings and specifications under the direction of the Commission on the West Central F r o n t of the United States Capitol. The drawings and specifications shall be completed by March 1, 1978, and submitted for the approval of the Committees on A p p r o priations of the Senate and House of Representatives and the Corn-

Study. Report to Speaker of the House, President of the Senate, and congressional committees. 40 USC 166 note. Hearings.

Funds, transfer.

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Page:United States Statutes at Large Volume 91.djvu/716

 91 STAT. 682

PUBLIC LAW 9 5 - 9 4 — A U G. 5, 1977 mission on the West Central F r o n t of the United States Capitol prior to the issuance of invitations to bid on the restoration or extension of the West Central F r o n t of the United States Capitol. TITLE IV—GENERAL PROVISIONS

Limitation. Regulations.

Fiscal year limitation.

SEC. 401. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating to p a r k i n g facilities for the House of Representatives issued by the Committee on House Administration. SEC. 402. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 403. Notwithstanding any other provision of law, none of the funds in this Act shall be used to pay pages of the House of Representatives at a gross annual maximum rate of compensation in excess of that in effect on June 30, 1975. SEC. 404. Section 721 of title 44, United States Code, is amended to read as follows:

"§ 721. Congressional Directory " (a) There shall be prepared under the direction of the Joint Committee on P r i n t i n g (1) a Congressional Directory, which shall be printed and distributed as early as practicable during the first session of each Congress and (2) a supplement to each Congressional Directory, which shall be printed and distributed as early as practicable during the second regular session of each Congress. The Joint Committee shall control the number and distribution of the Congressional Directory and each supplement. " (b) One copy of the Congressional Directory delivered to Members of the Senate and the House of Representatives (including Delegates and the Resident Commissioner) shall be bound in cloth and imprinted on the cover with the name of the Member. Copies of the Congressional Directory delivered to depository libraries may be bound in cloth. All other copies of the Congressional Directory shall be bound in paper and names shall not be imprinted thereon, except that copies printed for sale under section 722 may be bound in cloth.". SEC. 405. (a) The paragraph beginning "The Librarian of Congress" under heading " P U B L I C P R I N T I N G A N D B I N D I N G " in the Act of June 28, 1902 (32 Stat. 480; 2 U.S.C. 150), is amended by inserting before the period at the end thereof "and shall be credited to the appropriation for necessary expenses for the preparation and distribution of catalog cards and other publications of the Library". Effective date. (b) The amendment made by subsection (a) shall take effect on 2 USC 150 note. October 1, 1977. Effective date. SEC. 406. (a) Effective October 1, 1977, section 203 of title 17, United States Code, is amended by adding at the end thereof the following: "All moneys deposited with the Secretary of the Treasury under this section shall be credited to the appropriation for necessary expenses of the Copyright Office.". Effective date. (b) Effective January 1, 1978, the first sentence of section 708(c) of title 17, United States Code, is amended to read as follows: "All fees received under this section shall be deposited by the Register of Copyrights in the Treasury of the United States and shall be credited to the appropriation for necessary expenses of the Copyright Office.".

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Page:United States Statutes at Large Volume 91.djvu/717

 PUBLIC LAW 95-94—AUG. 5, 1977 SEC. 407. (a) The first paragraph of section 906 of title U, United States Code, is amended— (1) by striking out "to the Vice President and each Senator, one hundred copies;" and inserting in lieu thereof "to the Vice President, one hundred copies; "to each Senator, fifty copies (which may be transferred only to public agencies and institutions);" (2) by striking out "to each Representative, and Resident Commissioner in Congress, sixty-eight copies;" and inserting in lieu thereof "to each Member of the House of Representatives, the Resident Commissioner from Puerto Rico, the Delegate from the District of Columbia, the Delegate from Guam, and the Delegate from the Virgin Islands, thirty-four copies (which may be transferred only to public agencies and institutions);". (b) The amendment made by subsection (a) shall take effect on October 1, 1977. SEC. 408. (a)(1) Section 1509 of title 44, United States Code, is amended to read as follows: "§ 1509. Costs of publication, etc. "(a) The cost of printing, reprinting, wrapping, binding, and distributing the Federal Register and the Code of Federal Regulations, and, except as provided in subsection (b), other expenses incurred by the Government Printing Office in carrying out the duties placed upon it by this chapter shall be charged to the revolving fund provided in section 309. Reimbursements for such costs and expenses shall be made by the Federal agencies and credited, together with all receipts, as provided in section 309(b). "(b) The cost of printing, reprinting, wrapping, binding, and distributing all other publications of the Federal Register program, and other expenses incurred by the Government Printing Office in connection with such publications, shall be borne by the appropriations to the Go\ernment Printing Office and the a]:)propriations are made available, and are authorized to be increased by additional sums necessary for the purposes, the increases to be based upon estimates submitted by the Public Printer.". (2) The table of sections of chapter 15 of title 44, United States Code, is amended by striking out the item relating to section 1509 and inserting in lieu thereof the following:

91 STAT. 683

Effective date. 44 USC 906 note. Federal Register and Code of Federal Regulations.

"1509. Costs of publication, etc.".

(b) The amendments made by subsection (a) shall take effect on October 1, 1977. SEC. 409. (a) The last sentence of the first paragraph of section 1708 of title 44, United States Code, is amended by striking out "Surplus receipts from sales" and inserting in lieu thereof "Receipts from general sales of publications in excess of the total costs and expenses incurred in connection with the publication and sale thereof, as determined by the Public Printer,". (b) The amendment made by subsection (a) shall take effect on October 1, 1977.

Effective date. 44 USC 1509 note.

Effective date. 44 USC 1708

note.

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Page:United States Statutes at Large Volume 91.djvu/718

 91 STAT. 684 D.C. Code 40-603c.

PUBLIC LAW 95-94—AUG. 5, 1977 SEC. 410. Each Senator, Member of the House of Representatives, and other individual who is authorized by law to be issued a congressional tag for his automobile shall, upon application therefor, be entitled to be issued a duplicate tag bearing the same number. This Act may be cited as the "Legislative Branch Appropriation Act, 1978".

Short title. V

Approved August 5, 1977.

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i'H'HiJ

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-450 (Comm. on Appropriations) and 95-506 (Comm. of Conference). SENATE REPORT No. 95-338 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 123 (1977): June 29, considered and passed House. July 15, 18, considered and passed Senate, amended. July 26, House agreed to conference report; receded and concurred in certain Senate amendments, in others with amendment, and disagreed to Senate amendment No. 61. Senate agreed to conference report; resolved amendments in disagreement.

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Page:United States Statutes at Large Volume 91.djvu/719

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 685

Public Law 95-95 95th Congress An Act To amend the Clean Air Act, and for other purposes.

Aug. 7, 1977 [H.R. 6161]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. Clean Air Act Amendments of SHORT TITLE AND TABLE OF CONTENTS

1911.

1. This Act, together with the following table of contents, ^2 USC 7401 may be cited as the "Clean Air Act Amendments of 1977". note.i» SECTION

TABLE OF CONTENTS Sec. 1. Short title and table of contents. TITLE I—AMENDMENTS RELATING PRIMARILY TO TITLE I OF THE CLEAN AIR ACT Sec. 101. Training. Sec. 102. Waiver of maintenance of effort requirement. Sec. 103. Air quality control regions. Sec. 104. Criteria and control techniques. Sec. 105. Transportation planning and guidelines. Sec. 106. Air quality standards. Sec. 107. Energy or economic emergency authority. Sec. 108. Implementation plans. Sec. 109. New source standards of performance. Sec. 110. Standards for hazardous air pollutants. Sec. 111. Enforcement provisions. Sec. 112. Compliance orders (including coal conversion). Sec. 113. Notice to State in case of certain inspections, et cetera. Sec. 114. International air pollution. Sec. 115. President's air quality advisory board. See. 116. Control of pollution from Federal facilities. Sec. 117. Primary nonferrous smelter orders. Sec. 118. Noncompliance penalty. Sec. 119. Consultation. Sec. 120. Unregulated pollutants. Sec. 121. Stack heights. Sec. 122. Assurance of plan adequacy. Sec. 123. Interstate pollution abatement. Sec. 124. Public notification. Sec. 125. State boards. Sec. 126. Ozone protection. Sec. 127. Prevention of significant deterioration. Sec. 128. Visability protection. Sec. 129. Nonattainment areas. TITLE II—AMENDMENTS RELATING PRIMARILY TO TITLE II OF THE CLEAN AIR ACT Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

201. 202. 203. 204. 205. 206. 207. 208. 209. 210. 211.

Light-duty motor vehicle emissions. Studies and research objective for oxides of nitrogen. Study and report of fuel consumption. State grants. Cost of certain emission control parts. Warranties. California waiver. Maintenance instructions. Warranties and motor vehicle parts certification. Repair at owner's place of choosing. High altitude performance adjustments.

, " '

„,, ^,.' '

..^'.s'i now classified to 42 USC 7401 et seq. Marginal citations to the U.S. Code for sections of the Clean Air Act in this slip law are to the new classifications. For former classifications of the Clean Air Act, consult the Tables volume of the U.S. Code.
 * The Clean Air Act which was formerly classified to 42 USC 1857 et seq. has been transferred and is

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Page:United States Statutes at Large Volume 91.djvu/720

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 686

TABLE OF CONTENTS—Continued

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TITLE II—AMENDMENTS RELATING PRIMARILY TO TITLE II O F THE CLEAN AIR ACT—Continued Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

212. Dealer certification. 213. High altitude regulations. •;; 214. Assurance of protection of public health and safety. 215. Fill pipe standards. 216. Onboard hydrocarbon technology. 217. Test procedures for measuring evaporative emissions. 218. Certain minor and technical and conforming amendments. 219. Tampering. 220. Testing by small manufacturers. 221. Parts standards; preemption of State law. 222. Testing of fuels and fuel additives. 223. Small refineries. 224. Emission standards for heavy duty vehicles or engines and certain other vehicles or engines. Sec. 225. Aircraft emissions standards. Sec. 226. Carbon monoxide intrusion into sustained use vehicles. "

TITLE III—AMENDMENTS RELATING PRIMARILY TO TITLE III OP THE CLEAN AIR ACT Sec. 301. Sec. 302. Sec. 303. Sec. 304. Sec. 305. Sec. 306. Sec. 307. Sec. 308. Sec. 309. Sec. 310. Sec. 311. Sec. 312. Sec. 313. Sec. 314. Sec. 315.

Definitions. Emergency powers. Citizen suits. Civil litigation. Administrative procedures and judicial review. Sewage treatment grants. Economic impact assessment. Financial disclosure; conflicts of interest. Air quality monitoring by environmental protection agency. Modeling. Employment effects. Employee protection. National Commission on Air Quality. Vapor recovery. Authorizations.

TITLE IV—GENERAL AND MISCELLANEOUS PROVISIONS Sec. 401. Basis of administrative standards. Sec. 402. Interagency cooperation on prevention of environmental cancer and heart and lung disease. Sec. 403. Studies. Sec. 404: Railroad emission study. Sec. 405. Study and report concerning economic approaches to controlling air pollution. Sec. 406. Savings provision; effective dates.

TITLE I—AMENDMENTS KELATING PEIMARILY TO TITLE I OF THE CLEAN AIR ACT TRAINING

Grants. 42 USC 7403.

Fees.

SEC. 101. (a) Section 103(b) of the Clean A i r Act is amended by striking out paragraph (5), redesignating the following paragraph s accordingly, and a d d i n g the following at the end thereof: " I n carryi n g out the provisions of subsection (a), the A d m i n i s t r a to r shall p r o vide t r a i n i n g for, and make t r a i n i n g g r a n t s to, personnel of air pollution control agencies and other persons with suitable qualifications and make g r a n t s to such agencies, to other public or nonprofit p r i v a t e agencies, institutions, and organizations for the purposes stated in subsection (a)(5). Reasonable fees may be charged for such

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Page:United States Statutes at Large Volume 91.djvu/721

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 687

training provided to persons other than personnel of air pollution control agencies but such training shall be provided to such personnel of air pollution control agencies without charge.". (b) Section 103(a) of such Act is amended by striking out "train- 42 USC 7403. ing," in paragraph (1); by striking out the period at the end of paragraph (4) and inserting in lieu thereof "; and"; and by inserting the following paragraph at the end thereof: "(5) conduct and promote coordination and acceleration of training for individuals relating to the causes, effects, extent, prevention, and control of air pollution.". (c) The Administrator of the Environmental Protection Agency Research, shall consult with the House Committee on Science and Technology development, and demonstration. on the environmental and atmospheric research, development, and Consultation with demonstration aspects of this Act. In addition, the reports and studies House committee. required by this Act that relate to research, development, and demon- Reports and stration issues shall be transmitted to the Committee on Science and studies, Technology at the same time they are made available to other commit- transmittal to congressional tees of the Congress. WAIVER OF M A I N T E N A N C E OF EFFORT REQUIREMENT

SEC. 102. (a) The third sentence of subsection (b) of section 105 of the Clean Air Act is amended to read as follows: "No agency shall receive any grant under this section during any fiscal year when its expenditures of non-Federal funds for other than nonrecurrent expenditures for air pollution control programs will be less than its expenditures were for such programs during the preceding fiscal year, unless the Administrator, after notice and opportunity for public hearing, determines that a reduction in expenditures is attributable to a nonselective reduction in expenditures in the programs of all executive branch agencies of the applicable unit of Government; and no agency shall receive any grant under this section with respect to the maintenance of a program for the prevention and control of air pollution unless the Administrator is satisfied that such grant will be so used to supplement and, to the extent practicable, increase the level of State, local, or other non-Federal funds that would in the absence of such grant be made available for the maintenance of such program, and will in no event supplant such State, local, or other non-Federal funds.". (b) Subsection (c) of section 105 of such Act is amended by adding the following at the end thereof: "In fiscal year 1978 and subsequent fiscal years, subject to the provisions of subsection (b) of this section, no State shall receive less than one-half of 1 per centum of the annual appropriation for grants under this section for grants to agencies within such State.".

committees. 42 USC 7403 note.

Notice and hearing. 42 USC 7405.

State agencies, availability of funds.

AIR QUALITY CONTROL REGIONS

SEC. 103. Section 107 of the Clean Air Act is amended by adding the following new subsections at the end thereof: "(d)(1) For the purpose of transportation control planning, part D (relating to nonattainment), part C (relating to prevention of significant deterioration of air quality), and for other purposes, each State, within one hundred and twenty days after the date of enactment of the Clean Air Act Amendments of 1977, shall submit to the Administrator a list, together with a summary of the available information, identifying those air quality control regions, or portions

7q_iqu n

List, noncomplying regions. 42 USC 7407. Post, pp. 746, 731.

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Page:United States Statutes at Large Volume 91.djvu/722

 91 STAT. 688

List, modification. Notice.

Revised lists.

Air quality control regions, redesignations.

Post, p. 705.

PUBLIC LAW 95-95—AUG. 7, 1977 thereof, established pursuant to this section in such State which on the date of enactment of the Clean Air Act Amendments of 1977— " (A) do not meet a national primary ambient air quality standard for any air pollutant other than sulfur dioxide or particulate matter; "(B) do not meet, or in the judgment of the State may not in the time period required by an applicable implementation plan attain or maintain, any national primary ambient air quality standard for sulfur dioxide or particulate matter; "(C) do not meet a national secondary ambient air quality standard; "(D) cannot be classified under subparagraph (B) or (C) of this paragraph on the basis of available information, for ambient air quality levels for sulfur oxides or particulate matter; or " (E) have ambient air quality levels better than any national primary or secondary air quality standard other than for sulfur dioxide or particulate matter, or for which there is not sufficient data to be classified under subparagraph (A) or (C) of this paragraph. "(2) Not later than sixty days after submittal of the list under paragraph (1) of t^iis subsection the Administrator shall promulgate each such list with such modifications as he deems necessary. Whenever the Administrator proposes to modify a list submitted by a State, he shall notify the State and request all available data relating to such region or portion, and provide such State with an opportunity to demonstrate why any proposed modification is inappropriate. "(4) Any region or portion thereof which is not classified under subparagraph (B) or (C) of paragraph (1) of this subsection for sulfur dioxide or particulate matter within one hundred and eighty days after enactment of the Clean Air Act Amendments of 1977 shall be deemed to be a region classified under subparagraph (D) of paragraph (1) of this subsection. "(5) A State may from time to time review, and as appropriate revise and resubmit, ithe list required under this subsection. The Administrator shall consider and promulgate such revised list in accordance with this subsection. "(e)(1) Except as otherwise provided in paragraph (2), the Governor of each State is authorized, with the approval of the Administrator, to redesignate from time to time the air quality control regions within such State for purposes of efficient and effective air quality management. Upon such redesignation, the list under subsection (d) shall be modified accordingly. "(2) In the case of an air quality control region in a State, or part of such region, which the Administrator finds may significantly affect air pollution concentrations in another State, the Governor of the State in which such region, or part of a region, is located may redesignate from time to time the boundaries of so much of such air quality control region as is located within such State only with the approval of the Administrator and with the consent of all Governors of all States which the Administrator determines may be significantly affected. "(3) No compliance date extension granted under section 113(d) (5) (relating to coal conversion) shall cease to be effective by reason of the regional limitation provided in section 113(d)(6) if the violation of such limitation is due solely to a redesignation of a region under this subsection."

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Page:United States Statutes at Large Volume 91.djvu/723

 PUBLIC LAW 95-95—AUG. 7, 1977 '

" ^

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91 STAT. 689

CRITERIA AND CONTROL TECHNIQUES

SEC. 104. (a) The first sentence of section 108(b)(1) of the Clean Air Act is amended by striking the words "technology and costs of 42 USC 7408. emission control" and inserting in lieu thereof the words "cost of installation and operation, energy requirements, emission reduction benefits, and environmental impact of the emission control technology". (b) Section 108(c) of such Act is amended by adding the following NO2 criteria, at the end thereof: "Not later than six months after the date of the revision and enactment of the Clean Air Act Amendments of 1977, the Administra- reissuance. tor shall revise and reissue criteria relating to concentrations of NO2 over such period (not more than three hours) as he deems appropriate. Such criteria shall include a discussion of nitric and nitrous acids, nitrites, nitrates, nitrosamines, and other carcinogenic and potentially carcinogenic derivatives of oxides of nitrogen.". TRANSPORTATION P L A N N I N G AND GUIDELINES

SEC. 105. Section 108 of the Clean Air Act is amended by adding the following new subsections at the end thereof: "(e) The Administrator shall, after consultation with the Secretary of Transportation and the Secretary of Housing and Urban Development and State and local officials and within 180 days after the enactment of this subsection, and from time to time thereafter, publish guidelines on the basic program elements for the planning process assisted under section 175 of part D. Such guidelines shall include information on— "(1) methods to identify and evaluate alternative planning and control activities; " (2) methods of reviewing plans on a regular basis as conditions change or new information is presented; "(3) identification of funds and other resources necessary to implement the plan, including interagency agreements on providing such funds and resources; "(4) methods to assure participation by the public in all phases of the planning process; and "(5) such other methods as the Administrator determines necessary to carry out a continuous planning process. "(f)(1) The Administrator shall publish and make available to appropriate Federal agencies, States, and air pollution control agencies, including agencies assisted under section 175 within 6 months after enactment of this subsection for clauses (i), (ii), (iii), and (iv) of subparagraph (A) and within one year after the enactment of this subsection for the balance of this subsection (and from time to time thereafter), " (A) information, prepared, as appropriate, in cooperation with the Secretary of Transportation, regarding processes, procedures, and methods to reduce or control each such pollutant, including but not limited to— "(i) motor vehicle emission inspection and maintenance programs; " (ii) programs to control vapor emissions from fuel transfer and storage operations and operations using solvents; P^p:,. 4. "(iii) programs for improved public transit; "(iv) programs to establish exclusive bus and carpool lanes and area wide carpool programs;

Federal, State, and local agencies, consultation. Publication.

Post, p. 746. Contents.

Information, publication. Availability to Federal and State agencies.

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Page:United States Statutes at Large Volume 91.djvu/724

 91 STAT. 690

Post, pjp. 751-753, 7fi7~7fio' 7m' 767, 769, 791.

Additional information.

PUBLIC LAW 95-95—AUG. 7, 1977 " (v) programs to limit portions of road surfaces or certain sections of the metropolitan areas to the use of common carriers, both as to time and place; "(vi) programs for long-range transit improvements involving new transportation policies and transportation facilities or major changes in existing facilities; " (vii) programs to control on-street parking; "(viii) programs to construct new parking facilities and operate existing parking facilities for the purpose of park and ride lots and fringe parking; " (ix) programs to limit portions of road surf aces or certain sections of the metropolitan area to the use of nonmotorized vehicles or pedestrian use, both as to time and place; " (x) provisions for employer participation in programs to encourage carpooling, vanpooling, mass transit, bicycling, and walking; "(xi) programs for secure bicycle storage facilities and other facilities, including bicycle lanes, for the convenience and protection of bicyclists, in both public and private areas; " (xii) programs of staggered hours of work; "(xiii) programs to institute road user charges, tolls, or differential rates to discourage single occupancy automobile trips; "(xiv) programs to control extended idling of vehicles; "(xv) programs to reduce emissions by improvements in traffic flow; "(xvi) programs for the conversion of fleet vehicles to cleaner engines or fuels, or to otherwise control fleet vehicle operations; "(xvii) programs for retrofit of emission devices or controls on vehicles and engines, other than light duty vehicles, not subject to regulations under section 202 of title II of this Act; and "(xviii) programs to reduce motor vehicle emissions which ^^^ caused by extreme cold start conditions; "(B) information on additional methods or strategies that will contribute to the reduction of mobile source related pollutants during periods in which any primary ambient air quality standard will be exceeded and during episodes for which an air pollution alert, warning, or emergency has been declared; "(C) information on other measures which may be employed to reduce the impact on public health or protect the health of sensitive or susceptible individuals or groups; and " (D) information on the extent to which any process, procedure, or method to reduce or control such air pollutant may cause an increase in the emissions or formation of any other pollutant. "(2) In publishing such information the Administrator shall also include an assessment of— "(A) the relative effectiveness of such processes, procedures, and methods; "(B) the potential effect of such processes, procedures, and methods on transportation systems and the provision of transportation services; and "(C) the environmental, energy, and economic impact of such processes, procedures, and methods.".

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Page:United States Statutes at Large Volume 91.djvu/725

 PUBLIC LAW 95-95—AUG. 7, 1977 AIR QUALITY

91 STAT. 691

STANDARDS

SEC. 106, (a) Section 109 of the Clean Air Act, as amended by 42 USC 7409. subsection (b) of this section, is amended by adding the following new subsection at the end thereof: "(d)(1) Not later than December 31, 1980, and at five-year intervals Review and thereafter, the Administrator shall complete a thorough review of the revision. criteria published under section 108 and the national ambient air qual- Ante, p. 689; ity standards pronmlgated under this section and shall make such Post, p. 790. revisions in such criteria and standards and promulgate such new standards as may be appropriate in accordance with section 108 and subsection (b) of this section. The Administrator may review and revise criteria or promulgate new standards earlier or more frequently than required under this paragraph. "(2)(A) The Administrator shall appoint an independent scientific Scientific review review committee composed of seven members including at least one committee, member of the National Academy of Sciences, one physician, and one appointment. person representing State air pollution control agencies. "(B) Not later than January 1, 1980, and at five-year intervals thereafter, the committee referred to in subparagraph (A) shall complete a review of the criteria published under section 108 and the national primary and secondary ambient air quality standards promulgated under this section and shall recommend to the Administrator any new national ambient air quality standards and revisions of existing criteria and standards as may be appropriate under section 108 and subsection (b) of this section. "(C) Such committee shall also (i) advise the Administrator of areas in which additional knowledge is required to appraise the adequacy and basis of existing, new, or revised national ambient air quality standards, (ii) describe the research efforts necessary to provide the required information, (iii) advise the Administrator on the relative contribution to air pollution concentrations of natural as well as anthropogenic activity, and (iv) advise the Administrator of any adverse public health, welfare, social, economic, or energy effects which may result from various strategies for attainment and'maintenance of such national ambient air quality standards.". / (b) Section 109 of such Act is amended by adding the following new NO2 standards, promulgation. subsection at the end thereof: "(c) The Administrator shall, not later than one year after the date Supra. of the enactment of the Clean Air Act Amendments of 1977, promulgate a national primary ambient air quality standard for NO2 concentrations over a period of not more than 3 hours unless, based on the criteria issued under section 108(c), he finds that there is no significant evidence that such a standard for such a period is requisite to protect public health.". ENERGY OR ECONOMIC EMERGENCY

AUTHORITY

SEC. 107. (a) Section 110(f) of the Clean Air Act is amended to read as follows: "(f)(1) Upon application by the owner or operator of a fuel burning stationary source, and after notice and opportunity for public hearing, the Governor of the State in which such source is located may petition the President to determine that a national or regional energy emergency exists of such severity that—

Energy emergency, Presidential determination. Notice and hearing. Petition. 42 USC 7410.

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Page:United States Statutes at Large Volume 91.djvu/726

 91 STAT. 692

Energy emergency, plan suspension.

Requirements.

Suspension period.

Post, p. 694.

Compliance schedule delay.

Post, pp. 709, 712. Post, p. 705.

Temporary economic emergency, plan suspension. 42 USC 7410.

PUBLIC LAW 95-95—AUG. 7, 1977 "(A) a temporary suspension of any part of the applicable implementation plan may be necessary, and "(B) other means of responding to the energy emergency may be inadequate. Such determination shall not be delegable by the President to any other person. If the President determines that a national or regional energy emergency of such severity exists, a temporary emergency suspension of any part of an applicable implementation plan adopted by the State may be issued by the Governor of any State covered by the President's determination under the condition specified in paragraph (2) and may take effect immediately. "(2) A temporary emergency suspension under this subsection shall be issued to a source only if the Governor of such State finds that— "(A) there exists in the vicinity of such source a temporary energy emergency involving high levels of unemployment or loss of necessary energy supplies for residential dwellings; and ' "(B) such unemployment or loss can be totally or partially alleviated by such emergency suspension. Not more than one such suspension may be issued for any source on the basis of the same set of circumstances or on the basis of the same emergency. " (3) A temporary emergency suspension issued by a Governor under this subsection shall remain in ejffect for a maximum of four months or such lesser period as may be specified in a disapproval order of the Administrator, if any. The Administrator may disapprove such suspension if he determines that it does not meet the requirements of paragraph (2). "(4) This subsection shall not apply in the case of a plan provision or requirement promulgated by the Administrator under subsection (c) of this section, but in any such case the President may grant a temporary emergency suspension for a four month period of any such provision or requirement if he makes the determinations and findings specified in paragraphs (1) and (2). "(5) The Governor may include in any temporary emersjency suspension issued under this subsection a provision delaying for a period identical to the period of such suspension any compliance S'^hednle (or increment of progress) to which such source is subiect under section 119, as in effect before the date of the enactment of this paragraph or section 113(d) of this Act, upon a finding that such source is unable to comply with such schedule (or increment) solely because of the conditions on the basis of which a suspension was issued under this subsection.". (b) Section 110 of such Act is amended by adding the following new subsection at the end thereof: "(g)(1) In the case of any State which has adopted and submitted to the Administrator a proposed plan revision which the State determines— " (A) meets the requirements of this section, and ' " (B) is necessary (i) to prevent the closing for one year or more of any source of air pollution, and (ii) to prevent substantial increases in unemployment which would result from such closing, and which the Administrator has not approved or disapproved under this section within the required four month period, the Governor may issue a temporary emergency suspension of the part of the applicable implementation plan for such State which is proposed to be revised with respect to such source. The determination under subparagraph (B)

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Page:United States Statutes at Large Volume 91.djvu/727

 PUBLIC LAW 95-95—AUG. 7, 1977 may not be made with respect to a source which would close without regard to whether or not the proposed plan revision is approved. "(2) A temporary emergency suspension issued by a Governor under this subsection shall remain in effect for a maximum of four months or such lesser period as may be specified in a disapproval order of the Administrator. The Administrator may disapprove such suspension if he determines that it does not meet the requirements of this subsection. "(3) The Governor may include in any temporary emergency suspension issued under this subsection a provision delaying for a period identical to the period of such suspension any compliance schedule (or increment of progress) to which such source is subject under section 119 as in effect before the date of the enactment of this paragraph, or under section 113(d) upon a finding that such source is unable to comply with such schedule (or increment) solely because of the conditions on the basis of which a suspension was issued under this subsection.".

91 STAT. 693

Suspension period.

Compliance schedule delay.

Post, pp. 709, 712. Post, p. 705.

IMPLEMENTATION PLANS

SEC. 108. (a)(1) Section 110(a)(2)(A) of the Clean Air Act is Contents. amended by inserting "except as may be provided in subparagraph 42 USC 7410. (I) " after ' ' (A) ". (2) Section 110(a)(2)(B) of such Act is amended by striking out "land-use and" and by inserting after "transportation controls" the following: ", air quality maintenance plans, and preconstruction review of direct sources of air pollution as provided in subparagraph (D)". (3) Section 110(a)(2)(D) of such Act is amended by inserting after "(D) it includes" and before "a procedure" the following: "a program to provide for the enforcement of emission limitations and regulation of the modification, construction, and operation of any stationary source, including a permit program as required in parts C and D ai^d a permit or equivalent program for any major emitting facility, Post, pp. 731, within such region as necessary to assure (i) that national ambient air 746. quality standards are achieved and maintained, and (ii)". (4) Section 110(a)(2)(E) of such Act is amended to read as follows: " (E) it contains adequate provisions (i) prohibiting any stationary source within the State from emitting any air pollutant in amounts which will (I) prevent attainment or maintenance by any other State of any such national primary or secondary ambient \ air quality standard, or (II) interfere with measures required to be included in the applicable implementation plan for any other State under part C to prevent significant deterioration of air quality or to protect visibility, and (ii) insuring compliance with the requirements of section 126, relating to interstate pollution Post, p. 724. abatement:". (5) Section 110(a)(2)(F) of such Act is amended by striking out "and" before " (v) " and by inserting the following at the end thereof: "and (vi) requirements that the State comply with the requirements respecting State boards under section 128;" after "such authority;" Post, p. 725. (6)(A) Section 110(a)(2)(H) (ii) of such Act is amended by inserting after "to achieve the national ambient air quality primary or secondary standard which it implements" the following: "or to otherwise comply with any additional requirements established under the Clean Air Act Amendments of 1977".

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Page:United States Statutes at Large Volume 91.djvu/728

 91 STAT. 694 State implementation plan, contents. 42 USC 7410.

Nonattainment area, construction limitation. Post, p. 746.

Post, p. 746. Post, p. 719. Post, p. 725.

Fee.

State implementation plan, revision.

Post, p. 711. Post, p. 705. Ante, pp. 691, 692. Post, pp. 709, 712. Implementation plan, regulations. Post, p. 719.

PUBLIC LAW 95-95—AUG. 7, 1977 (B) Section 110(a)(2)(H) (ii) of such Act is amended by inserting "except as provided in paragraph (3)(C)," before "whenever". (b) Section 110(a)(2) of the Clean Air Act is amended by striking out "and" at the end of subparagraph (G), striking out the period at the end of subparagraph (H), and by adding the following new subparagraphs at the end thereof: " (I) it provides that after June 30, 1979, no major stationary source shall be constructed or modified in any nonattainment area (as defined in section 171(2)) to which such plan applies, if the emissions from such facility will cause or contribute to concentrations of any pollutant for which a national ambient air quality standard is exceeded in such area, unless, as of the time of application for a permit for such construction or modification, such plan meets the requirements of part D (relating to nonattainment areas); " (J) it meets the requirements of section 121 (relating to consultation), section 127 (relating to public notification), part C (relating to prevention of significant deterioration of air quality and visibility protection), and " (K) it requires the owner or operator of each major stationary source to pay to the permitting authority as a condition of any permit required under this Act a fee sufficient to cover— "(i) the reasonable costs of reviewing and acting upon any application for such a permit, and "(ii) if the owner or operator receives a permit for such source, whether before or after the date of enactment of this subparagraph, the reasonable costs (incurred after such date of enactment) of implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement action).". (c) Section 110(a)(3) of such Act is amended by adding the following new subparagraph at the end thereof: "(C) Neither the State, in the case of a plan (or portion thereof) approved under this subsection, nor the Administrator in the case of a plan (or portion thereof) promulgated under subsection (c), shall be required to revise an applicable implementation plan because one or more exemptions under section 118 (relating to Federal facilities), enforcement orders under section 113(d), suspensions under section 110 (f) or (g) (relating to temporary energy or economic authority) or orders under section 119 (relating to primary nonferrous smelters) have been granted, if such plan would have met the requirements of this section if no such exemptions, orders, extension, or variances had been granted.". (d)(1) Section 110(c)(1) of such Act is amended by adding the following new sentence at the end thereof: "Notwithstanding the preceding sentence, any portion of a plan relating to any measure described in the first sentence of section 121 (relating to consultation) or the consultation process required under such section 121 shall not be required to be promulgated before the date eight months after such date required for submission.". (2) Section 110(c)(1)(A) of such Act is amended to read as follows: "(A) the State fails to submit an implementation plan which meets the requirements of this section,". (3) Section 110(c) of such Act is amended by adding the following new paragraphs at the end thereof:

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Page:United States Statutes at Large Volume 91.djvu/729

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 695

"(3) Upon application of the chief executive officer of any general purpose unit of local government, if the Administrator determines that such unit has adequate authority under State or local law, the Administrator may delegate to such unit the authority to implement and enforce within the jurisdiction of such unit any part of a plan promulgated under this subsection. Nothing in this paragraph shall prevent the Administrator from implementing or enforcing any applicable provision of a plan promulgated under this subsection. " (4) In the case of any applicable implementation plan containing measures requiring— "(A) retrofits on other than commercially owned in-use vehicles, "(B) gas rationing which the Administrator finds would have seriously disruptive and widespread economic or social effects, or "(C) the reduction of the supply of on-street parking spaces, the Governor of the State may, after notice and opportunity for public hearing, temporarily suspend such measures notwithstanding the requirements of this section until January 1, 1979, or the date on which a plan revision under section 110(a)(2)(I) is submitted, whichever is earlier. No such suspension shall be granted unless the State agrees to prepare, adopt, and submit such plan revision as determined by the Administrator. "(5)(A) Any measure in an applicable implementation plan which requires a toll or other charge for the use of a bridge located entirely within one city shall be eliminated from such plan by the Administrator upon application by the Governor of the State, which application shall include a certification by the Governor that he will revise such plan in accordance with subparagraph (B). "(B) In the case of any applicable implementation plan with respect to which a measure has been eliminated under subparagraph (A), such plan shall, not later than one year after the date of the enactment of this subparagraph, be revised to include comprehensive measures (including the written evidence required by part D), to: "(i) establish, expand, or improve public transportation measures to meet basic transportation needs, as expeditiously as is practicable; and "(ii) implement transportation control measures necessary to attain and maintain national ambient air quality standards, and such revised plan shall, for the purpose of implementing such comprehensive public transportation measures, include requirements to use (insofar as is necessary) Federal grants. State or local funds, or any combination of such grants and funds as may be consistent with the terms of the legislation providing such grants and funds. Such measures shall, as a substitute for the tojls of charges eliminated under subparagraph (A), provide for emissions reductions equivalent to the reductions which may reasonably be expected to be achieved through the use of the tolls or charges eliminated. "(C) Any revision of an implementation plan for purposes of meeting the requirements of subparagraph (B) shall be submitted in coordination wth any plan revision required under part D.". (e) Section 110(a) of such Act is amended by adding at the end thereof the following new paragraphs: "(5)(A)(i) Any State may include in a State implementation plan, but the Administrator may not require as a condition of approval of such plan under this section, any indirect source review program. The Administrator may approve and enforce, as part of an applicable

Plan, State implementation and enforcement.

Temporary suspension. Notice and hearing.

Ante, p. 694.

Certain bridge tolls, elimination.

Implementation plan, public transportation measures, revision. Post, p. 746

Indirect source review program. Ante, p. 693.

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The New International Encyclopædia/Müller, Friedrich (engraver)

MÜLLER, (1782-1816). A German engraver, born at Stuttgart. He first studied under his father, Johann Gotthard Müller, an engraver of note, and subsequently in Paris. In 1808 his engraving of “Saint John About to Write His Revelation,” after Domenichino, won him a high reputation, which was maintained by his “Adam and Eve Under the Tree of Life,” after Raphael. In 1814 he was appointed professor of engraving in the Dresden Academy, and the rest of his life was devoted to the execution of the plate of his greatest work, the “Madonna di San Sisto,” after Raphael. His health broke down under the labor imposed by this undertaking, and he did not live to see a finished print of his work. His engravings are only eighteen in number, mostly portraits, including Schiller, Jerome Bonaparte, Jacobi, and a medallion of Napoleon I.


text:
Page:United States Statutes at Large Volume 91.djvu/730

 9 1 STAT. 696

Ante, pp.

693-695.

Ante, p. 694.

Definitions.

42 USC 7410.

Post, p. 705. Post, pp. 709, 712. 42 USC 7410.

State documents. Publication in Federal Register.

PUBLIC LAW 9 5 - 9 5 — A U G. 7, 1977 implementation plan, an indirect source review program which the State chooses to adopt and submit as part of its plan. " ( i i) Except as provided in subparagraph (B), no plan promulgated by the Administrator shall include any indirect source review program for any air quality control region, or portion thereof. " ( i i i) Any State may revise an applicable implementation plan approved under section 110(a) to suspend or revoke any such program included in such plan, provided that such plan meets the requirements of this section. " (B) The Administrator shall have the authority to promulgate, implement and enforce regulations under section 110(c) respecting indirect source review programs which apply only to federally assisted highways, airports, and other major federally assisted indirect sources and federally owned or operated indirect sources. " (C) For purposes of this paragraph, the term 'indirect source' means a facility, building, structure, installation, real property, road, or highway which attracts, or may attract, mobile sources of pollution. Such term includes parking lots, parking garages, and other facilities subject to any measure for management of p a r k i n g supply (within the meaning of section 110(c)(2)(D) ( i i)), including regulation of existing off-street p a r k i n g but such term does not include new or existing on-street parking. Direct emissions sources or facilities at, within, or associated with, any indirect source shall not be deemed indirect sources for the purpose of this paragraph. " (D) For purposes of this paragraph the term 'indirect source review program ' means the facility-by-facility preconstruction or premodification review of indirect sources of air pollution, including such measures as are necessary to assure, or assist in assuring, that a new or modified indirect source will not attract mobile sources of air pollution, the emissions from which would cause or contribute to air pollution concentrations— " (i) exceeding any national p r i m a i y ambient air quality standard for a mobile source-related air pollutant after the primary standard attainment date, or " ( i i) preventing maintenance of any such standard after such date. " (E) For purposes of this paragraph and paragraph (2)(B), the term 'transportation control measure' does not include any measure which is an 'indirect source review program'. " (6) No State plan shall be treated as meeting the requirements of this section unless such plan provides that in the case of any source which uses a supplemental, or intermittent control system for purposes of meeting the requirements of an order under section 113(d) or section 119 (relating to p r i m a r y nonferrous smelter orders), the owner or operator of such source may not temporarily reduce the pay of any employee by reason of the use of such supplemental or intermittent or other dispersion dependent control system.". (f) Section 110(d) of such Act is amended by striking out "implements" and all that follows down through the period at the end thereof and inserting in lieu thereof "implements the requirements of this section.". (g) Section 110 of such Act is amended by adding the following new subsections at the end thereof: " (g)(1) ^ o t later than one year after the date of enactment of the Clean A i r Act Amendments of 1977 and annually thereafter, the Administrator shall assemble and publish a comprehensive document for each State setting forth all requirements of the applicable imple-

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Page:United States Statutes at Large Volume 91.djvu/731

 PUBLIC LAW 9 5 - 9 5 — A U G. 7, 1977 mentation plan for such State and shall publish notice in the Federal Register of the availability of such documents. E a c h such document shall be revised as frequently as practicable but not less often than annually. " (2) The Administrator may promulgate such regulations as may be reasonably necessary to carry out the purpose of this subsection. " (h) Except for a p r i m a r y nonferrous smelter order under section 119, a suspension under section 110(f) or (g) (relating to emergency suspensions), an exemption under section 118 (relating to certain Federal facilities), an order under section 113(d) (relating to compliance orders), a plan promulgation under section 110(c), or a plan revision under section 110(a)(3), no order, suspension, plan revision, or other action modifying any requirement of an applicable implementation plan may be taken with respect to any stationary source bj'^ the State or by the Administrator. " (i) As a condition for issuance of any permit required under this title, the owner or operator of each new or modified stationary source which is required to obtain such a permit must show to the satisfaction of the permitting authority that the technological system of continuous emission reduction which is to be used at such source will enable it to comply with the standards of performance which are to apply to such source and that the constniction or modification and operation of such source will be in compliance with all other requirements of this Act.". NEW

9 1 STAT. 697

Regulations. Modification of requirements, prohibition. Post, pp. 709, 712. \ Ante, pp. 691, 692. Post, p. 711. Post, p. 705. Ante, p. 694.

SOURCE STANDARDS OF PERFORMANCE

SEC. 109. (a) Section 111 of the Clean A i r Act is amended by adding the following new subsections at the end thereof: " (f)(1) Not later than one year after the date of enactment of this subsection, the Administrator shall promulgate regulations listing under subsection (b)(1)(A) the categories of major stationary sources which are not on the date of the enactment of this subsection included on the list required under subsection (b)(1)(A). The Administrator shall promulgate regulations establishing standards of performance for the percentage of such categories of sources set forth in the following table before the expiration of the corresponding period set forth in such t a b l e: Period by which standards must be promulgated after date list "Percentage of source categories required to be is required to be prolisted for which standards must be established: mulgated: 25 2 years. 75 3 years. 100 4 years. " (2) I n determining priorities for promulgating standards for categories of major stationary sources for the purpose of paragraph (1), the Administrator shall consider— " (A) the quantity of air pollutant emissions which each such category will emit, or will be designed to emit; " (B) the extent to which each such pollutant may reasonably be anticipated to endanger public health or welfare; and " (C) the mobility and competitive nature of each such category of sources and the consequent need for nationally applicable new source standards of performance. " (3) Before promulgating any regulations under this subsection or listing any category of major stationary sources as required under

Regulations. 42 USC 7411.

Post, p- 791

State officers, consultation.

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Page:United States Statutes at Large Volume 91.djvu/732

 91 STAT. 698

Regulations, revision. Application, State Governor.

Post, p. 791.

Hazardous air pollutants list, revision.

Post, pp. 701, 703, 791. Stationary sources, standards.

Application, administrative action.

Notice and hearing.

PUBLIC LAW 95-95—AUG. 7, 1977 this subsection, the Administrator shall consult with appropriate representatives of the Governors and of State air pollution control agencies. "(g)(1) Upon application by the Governor of a State showing that the Administrator has failed to specify in regulations under subsection (f)(1) any category of major stationary sources required to be specified under such regulations, the Administrator shall revise such regulations to specify any such category. "(2) Upon application of the Governor of a State, showing that any category of stationary sources which is not included in the list under subsection (b)(1)(A) contributes significantly to air pollution which may reasonably be anticipated to endanger public health or welfare (notwithstanding that such category is not a category of major stationary sources), the Administrator shall revise such regulations to specify such category of stationary sources. "(3) Upon application of the Governor of a State showing that the Administrator has failed to apply properly the criteria required to be considered under subsection (f)(2), the Administrator shall revise the list under subsection (b)(1)(A) to apply properly such criteria. " (4) Upon application of the Governor of a State showing that— "(A) a new, innovative, or improved technology or process which achieves greater continuous emission reduction has been adequately demonstrated for any category of stationary sources, and "(B) as a result of such technology or process, the new source standard of performance in effect under subsection (b) for such category no longer reflects the greatest degree of emission limitation achievable through application of the best technological system of continuous emission reduction which (taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impact and energy requirements) has been adequately demonstrated, the Administrator shall revise such standard of performance for such category accordingly. "(5) Upon application by the Governor of a State showing that the Administrator has failed to list any air pollutant which causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness as a hazardous air pollutant under section 112, the Administrator shall revise the list of hazardous air pollutants under such section to include such pollutant. "(6) Upon application by the Governor of a State showing th"t any category of stationary sources of a hazardous air pollutant listed under section 112 is not subject to emission standards under such section, the Administrator shall propose and promulgate such emission standards applicable to such category of sources. "(7) Unless later deadlines for action of the Administrator are otherwise prescribed under this section or section 112, the Administrator shall, not later than three months following the date of receipt of any application by a Governor of a State, either— "(A) find that such application does not contain the requisite showing and deny such application, or " (B) grant such application and take the action required under this subsection. "(8) Before taking any action required by subsection (f) or by this

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Page:United States Statutes at Large Volume 91.djvu/733

 PUBLIC LAW 95-95—AUG. 7, 1977 subsection, the Administrator shall provide notice and opportunity for public hearing. "(h)(1) For purposes of this section, if in the judgment of the Administrator, it is not feasible to prescribe or enforce a standard of performance, he may instead promulgate a design, equipment, work practice, or operational standard, or combination thereof, which reflects the best technological system of continuous emission reduction which (taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. In the event the Administrator promulgates a design or equipment standard under this subsection, he shall include as part of such standard such requirements as will assure the proper operation and maintenance of any such element of design or equipment. "(2) For the purpose of this subsection, the phrase 'not feasible to prescribe or enforce a standard of performance' means any situation in which the Administrator determines that (A) a pollutant or pollutants cannot be emitted through a conveyance designed and constructed to emit or capture such pollutant, or that any requirement for, or use of, such a conveyance would be inconsistent with any Federal, State, or local law, or (B) the application of measurement methodology to a particular class of sources is not practicable due to technological or economic limitations. "(3) If after notice and opportunity for public hearing, any person establishes to the satisfaction of the Administrator that an alternative means of emission limitation will achieve a reduction in emissions of any air pollutant at least equivalent to the reduction in emissions of such air pollutant achieved under the requirements of paragraph (1), the Administrator shall permit the use of such alternative by the source for purposes of compliance with this section with respect to such pollutant. "(4) Any standard promulgated under paragraph (1) shall be promul'vated in terms of standard of performance whenever it becomes feasible to promulgate and enforce such standard in such terms. " (i) Any regulations promulgated by the Administrator under this section applicable to grain elevators shall not apply to country elevators (as defined by the Administrator) which have a storage capacity of less than two million five hundred thousand bushels." (b)(1) Section 111(d)(1) of such Act is amended by striking out "emissions standards" in each place it appears and inserting in lieu thereof "standards of performance" and by adding at the end thereof the following new sentence: "Regulations of the Administrator under this paragraph shall permit the State in applying a standard of performance to any particular source under a plan submitted under this paragraph to take into consideration, among other factors, the remaining useful life of the existing source to which such standard applies.". (2) Section 111(d)(2) of such Act is amended by adding at the end thereof the following new sentence: "In promulgating a standard of performance under a plan prescribed under this paragraph, the Administrator shall take into consideration, among other factors, remaining useful lives of the sources in the category of sources to which such standard applies.". (c)(1)(A) Section 111(a)(1) of the Clean Air Act, defining standard of performance, is amended to read as follows:

91 STAT. 699

Design or equipment standards.

"Not feasible to prescribe or enforce a standard of performance."

Alternative emission limitation. Notice and hearing.

Standards of performance. 42 USC 7411.

"Standard of performance."

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