text:
Page:United States Statutes at Large Volume 91.djvu/762

 91 STAT. 728

Reports to Coordinating Committee.

Report to congressional committees.

PUBLIC LAW 95-95—AUG. 7, 1977 appropriate official responsible for the relevant research efforts of each of the following agencies: "(A) the National Oceanic and Atmospheric Administration, "(B) the National Aeronautics and Space Administration, "(C) the Federal Aviation Administration, "(D) the Department of Agriculture, " (E) the National Cancer Institute, " (F) the National Institute of Environmental Health Sciences, "(G) the National Science Foundation, and the appropriate officials responsible for the relevant research efforts of such other agencies carrying out related efforts as the Chairman shall designate. A representative of the Department of State shall sit on the Coordinating Committee to encourage and facilitate international coordination. "(3) The Coordinating Committee shall review and comment on plans for, and the execution and results of, pertinent research and studies. For this purpose, the agencies named in or designated under paragraph (2) of this subsection shall make appropriate and timely reports to the Coordinating Committee on plans for and the execution and results of such research and studies. " (4) The Chairman may request a report from any Federal Agency for the purpose of determining if that agency should sit on the Coordinating Committee. "(g) Not later than January 1, 1978, and biennially thereafter, the Administrator shall report to the appropriate conmiittees of the House and the Senate, the results of the studies and research conducted under this section and the results of related research and studies conducted by other Federal agencies. "RESEARCH AND MONITORING BY OTHER AGENCIES

42 USC 7454.

Reports to Administrator and Congress.

42 USC 2481.

Reports to Administrator and Congress.

Reports to Administrator and Congress.

"SEC. 154. (a) The Administrator of the National Oceanic and Atmospheric Administration shall establish a continuing program of research and monitoring of the stratosphere for the purpose of early detection of changes in the stratosphere and climatic effects of such changes. Such Administrator shall on or before January 1, 1978, and biennially thereafter, transmit such report to the Administrator and the Congress on the findings of such research and monitoring. Such report shall contain any appropriate recommendations for legislation or regulation (or both). "(b) The National Aeronautics and Space Administration shall, pursuant to its authority under title IV of the National Aeronautics and Space Act of 1958, continue programs of research, technolo<ry, and monitoring of the stratosphere for the purpose of understanding the physics and chemistry of the stratosphere and for the early detection of potentially harmful changes in the ozone in the stratosphere. Such Administration shall transmit reports by January 1, 1978, and biennially thereafter to the Administrator and the Congress on the results of the programs authorized in this subsection, together with any appropriate recommendations for legislation or regulation (or both). " (c) The Director of the National Science Foundation shall encourage and support ongoing stratospheric research programs and continuing research programs that will increase scientific knowledcre of the effects of changes in the ozone laver in the stratosphere upon living organisms and ecosystems. Such Director shall transmit reports by January 1, 1978, and biennially thereafter to the Administrator and

�


text:
Page:United States Statutes at Large Volume 91.djvu/763

 PUBLIC LAW 95-95—AUG. 7, 1977 the Congress on the results of such programs, together with any appropriate recommendations for legislation or regulation (or both). "(d) The Secretary of Agriculture shall encourage and support continuing research programs that will increase scientific knowledge of the effects of changes in the ozone in the stratosphere upon animals, crops, and other plant life. Such Secretary shall transmit reports by January 1, 1978, and biennially thereafter to the Administrator and the Congress on the results of such programs together with any appropriate recommendations for legislation or regulation (or both). "(e) The Secretary of Health, Education, and Welfare shall encourage and support continuing research programs that will increase scientific knowledge of the effects of changes in the ozone in the stratosphere upon human health. Such Secretary shall transmit reports by January 1, 1978, and biennially thereafter, to the Administrator and the Congress on the results of such programs, together with any appropriate recommendations for legislation or regulation (or both). "(f) In carrying out subsections (a) through (e) of this section, the agencies involved (1) shall enlist and encourage cooperation and assistance from other Federal agencies, universities, and private industry, and (2) shall solicit the views of the Administrator with regard to plans for the research involved so that any such research will, if regulatory action by the Administrator is indicated, provide the preliminary information base for such action.

91 STAT. 729

Report to Administrator and Congress.

Report to Administrator and Congress.

a.PROGRESS OF REGULATION

"SEC. 155. The Administrator shall provide an interim report to Interim, final, the Congress by January 1, 1978, shall provide a final report within and annual two years after date of enactment, and shall provide follow-up reports reports to annually thereafter on the actions taken by the Environmental Pro- Congress. tection Agenc;^ and all other Federal agencies to r e f l a t e sources of 42 USC 7455. halocarbon emissions, the results of such regulations m protecting the ozone layer, and the need for additional regulatory action, if any. The reports under this section shall also include recommendations for the control of substances, practices, processes, and activities other than those involving halocarbons, which are found to affect the ozone in the stratosphere and which may cause or contribute to harmful effects on public health or welfare. INTERNATIONAL

COOPERATION

"SEC. 156. The President shall undertake to enter into international Agreements. agreements to foster cooperative research which complements studies Standards and and research authorized by this part, and to develop standards and regulations. regulations which protect the stratosphere consistent with regula- 42 USC 7456. tions applicable within the United States. For these purposes the Presi- Report to dent through the Secretary of State and the Assistant Secretary of Congress. State for Oceans and International Environmental and Scientific Affairs, shall negotiate multilateral treaties, conventions, resolutions, or other agreements, and formulate, present, or support proposals at the United Nations and other appropriate international forums and shall report to the Congress periodically on efforts to arrive at such agreements. "REGULATIONS

"SEC. 157. (a) If at any time prior to the submission of the final report referred to in section 155 in the Administrator's judgment, any

Notice to Congress. 42 USC 7457.

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 91.djvu/764

 91 STAT. 730

PUBLIC LAW 95-95—AUG. 7, 1977 substance, practice, process, or activity may reasonably be anticipated to affect the stratosphere, especially ozone in the stratosphere, and such effect may reasonably be anticipated to endanger public health or welfare, the Administrator shall promptly promulgate regulations respecting the control of such substance, practice, process, or activity, and shall simultaneously submit notice of the promulgation of such regulations to the Congress. "(b) Upon submission of the final report referred to in section 155, and after consideration of the research and study under sections 153 and 154 and, consultation with appropriate Federal agencies and scientific entities, the Administrator shall propose regulations for the control of any substance, practice, process, or activity (or any combination thereof) which in his judgment may reasonably be anticipated to affect the stratosphere, especially ozone in the stratosphere, if such effect in the stratosphere may reasonably be anticipated to endanger public health or welfare. Such regulations shall take into account the feasibility and the costs of achieving such control. Such regulations may exempt medical use products for which the Administrator determines there is no suitable substitute. Not later than three months after proposal of such regulations the Administrator shall promulgate such regulations in final form. From time to time, and under the same procedures, the Administrator may revise any of the regulations submitted under this subsection. uOTHER PROVISIONS UNAFFECTED

42 USC 7458. Post, pp. 769, 791.

15 USC 2601 note. 15 USC 2608.

"SEC. 158. Nothing in this part shall be construed to alter or affect the authority of the Administrator under section 303 (relating to emergency powers), under section 231 (relating to aircraft emission standards), or under any other provision of this Act or to affect the authority of any other department, agency, or instrumentality of the United States under any other provision of law to promulgate or enforce any requirement respecting the control of any substance, practice, process, or activity for purposes of protecting the stratosphere or ozone in the stratosphere. In the case of any proposed rule respecting ozone in the stratosphere which has been published under the Toxic Substances Control Act prior to the date of enactment of this Act notwithstanding section 9(b) of such Act, nothing in this part shall be construed to prohibit or restrict the Administrator from taking any action under the Toxic Substances Control Act respecting the promulgation or enforcement of such rule. uSTATE

42 USC 7459.

AUTHORITY

"SEC. 159. (a) Nothing in this part shall preclude or deny any State or political subdivision thereof from adopting or enforcing any requirement respecting the control of any substance, practice, process, or activity for purposes of protecting the stratosphere or ozone in the stratosphere except as otherwise provided in subsection (b). "(b) If a regulation of any substance, practice, process, or activity is in effect under this part in order to prevent or abate any risk to the stratosphere, or ozone in the stratosphere, no State or political subdivision thereof may adopt or attempt to enforce any requirement respecting the control of any such substance, practice, process, or activity to prevent or abate such risk, unless the requirement of the State or political subdivision is identical to the requirement of such

�


text:
Page:United States Statutes at Large Volume 91.djvu/765

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 731

regulation. The preceding sentence shall not apply with respect to any law or regulation of any State or political subdivision controlling the use of haiocarbons as propellants in aerosol spray containers.". PREVENTION OF SIGNIFICANT DETERIORATION

SEC. 127. (a) Title I of the Clean Air Act is amended by adding the following new part at the end thereof: "PART C—PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY "SUBPART I "PURPOSES

42 USC 7470. "SEC. 160. The purposes of this part are as follows: "(1) to protect public health and welfare from any actual or potential adverse effect which in the Administrator's judgment may reasonably be anticipate to occur from air pollution or from exposures to pollutants in other media, which pollutants originate as emissions to the ambient air), notwithstanding attainment and maintenance of all national ambient air quality standards; " (2) to preserve, protect, and enhance the air quality in national parks, national wilderness areas, national monuments, national seashores, and other areas of special national or regional natural, recreational, scenic, or historic value; "(3) to insure that economic growth will occur in a manner consistent with the preservation of existing clean air resources; "(4) to assure that emissions from any source in any State will not interfere with any portion of the applicable implementation plan to prevent significant deterioration of air quality for any other State; and "(5) to assure that any decision to permit increased air pollution in any area to which this section applies is made only after careful evaluation of all the consequences of such a decision and after adequate procedural opportunities for informed public participation in the decisionmaking process. 'PLAN

REQUIREMENTS

"SEC. 161. In accordance with the policy of section 101(b)(1), each applicable implementation plan shall contain emission limitations and such other measures as may be necessary, as determined under regulations promulgated under this part, to prevent significant deterioration of air quality in each region (or portion thereof) identified pursuant to section 107(d)(1)(D) or (E).

Regulations. 42 USC 7471. 42 USC 7401.

Ante, p. 687.

" I N I T I A L CLASSIFICATIONS

"SEC. 162. (a) Upon the enactment of this part, all— 42 USC 7472. "(1) international parks, "(2) national wilderness areas which exceed 5,000 acres in size, "(3) national memorial parks which exceed 5,000 acres in size, and

�


text:
Page:Hockey, Canada's Royal Winter Game.djvu/41

 A player who intends to aspire to senior ranks, should, in justice to himself, consult a physician and have his heart examined. If the advice that he receives is to abandon the game, let him do so at once before it is too late, because, so fast, so intensely exciting is the play that, if long continued, it may easily be the cause, to a forward with a weak heart, of the enlargement of that organ. This serious danger, however, should scarcely be mentioned, because it seldom happens that a man who is strong enough to play hockey the least bit well, is liable to contract this formidable disease. Proper training and careful practice soon put a man in a condition to stand the hard strain of an interesting contest, without any injury to himself, because the muscles are developed, and the "wind" increased to such an extent, that in the short space of two half hours, his endurance is not overtaxed, however fast the game may be.

It happens that by frequently falling on it, a player contracts water on the knee. But in what game is a man not exposed to the same accident?

It is realy surprising how many players court danger by playing hockey in short pants which affords no protection to the knees. This is a foolish, dangerous practice. A pair of pants, well padded at the knees, prevent the player


text:
Page:United States Statutes at Large Volume 91.djvu/766

 91 STAT. 732

Ante, p. 687.

PUBLIC LAW 95-95—AUG. 7, 1977 "(4) national parks which exceed six thousand acres in size and which are in existence on the date of enactment of the Clean Air Act Amendments of 1977 shall be class I areas and may not be redesignated. All areas which were redesignated as class I under regulations promulgated before such date of enactment shall be class I areas which may be redesignated as provided in this part. "(b) All areas in such State identified pursuant to section 107(d) (1)(D) or (E) which are not established as class I under subsection (a) shall be class II areas unless redesignated under section 164. INCREMENTS AND CEILINGS

Sulfur oxide and particulate matter.

42 USC 7473.

"SEC. 163. (a) In the case of sulfur oxide and particulate matter, each applicable implementation plan shall contain measures assuring that maximum allowable increases over baseline concentrations of, and maximum allowable concentrations of, such pollutant shall not be exceeded. In the case of any maximum allowable increase (except an allowable increase specified under 165(d)(2)(C) (iv) for a pollutant based on concentrations permitted under national ambient air quality standards for any period other than an annual period, such regulations shall permit such maximum allowable increase to be exceeded during one such period per year. "(b)(1) For any class I area, the maximum allowable increase in concentrations of sulfur dioxide and particulate matter over the baseline concentration of such pollutants shall not exceed the following amounts: "Pollutant > Particulate m a t t e r: Annual geometric mean Twenty-four-hour maximum Sulfur dioxide: Annual arithmetic mean Twenty-four-hour maximum Three-hour maximum

Maximum allowable increase (In mlcroRrams per cubic meter) 5 10 2 5 25

"(2) For any class II area, the maximum allowable increase in concentrations of sulfur dioxide and particulate matter over the baseline concentration of such pollutants shall not exceed the following amounts: "Pollutant Particulate m a t t e r: Annual geometric mean Twenty-four-hour maximum Sulfur dioxide: Annual arithmetic mean Twenty-four-hour maximum Three-hotir maximum

Maximum allowable increase (In micrograms per cubic meter) 19 37 ^

20 91 512

,

"(3) For any class III area, the maximum allowable increase in concentrations of sulfur dioxide and particulate matter over the baseline concentration of such pollutants shall not exceed the following amounts: Poi.«/.,ii^+JTftof+n,.. x-arucuiate m a t t e r. Annual geometric mean Twenty-four-hour maximum Sulfur dioxide: Annual arithmetic mean Twenty-four-hour maximum Three-hour maximum

Maximum allowable increase (in micrograms per cubic meter) 37 75 ..

.

40 182 700

�


text:
Page:United States Statutes at Large Volume 91.djvu/767

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 733

"(4) The maximum allowable concentration of any air pollutant in any area to which this part applies shall not exceed a concentration for such pollutant for each period of exposure equal to— "(A) the concentration permitted under the national secondary ambient air quality standard, or "(B) the conceiitration permitted under the national primary ambient air quality standard, whichever concentration is lowest for such pollutant for such period of exposure. "(c)(1) In the case of any State which has a plan approved by Notice and the Administrator for purposes of carrying out this part, the Governor hearing. of such State may, after notice and opportunity for public hearing, issue orders or promulgate rules providing that for purposes of determining compliance with the maximum allowable increases in ambient concentrations of an air pollutant, the following concentrations of such pollutant shall not be taken into account: "(A) concentrations of such pollutant attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, or natural gas, or both, by reason of an order which is in effect under the provisions of sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any subsequent legislation which 15 USC 792. supersedes such provisions) over the emissions from such sources before the effective date of such order. "(B) the concentrations of such pollutant attributable to the increase in emissions from stationary sources which have converted from using natural gas by reason of a natural gas curtailment pursuant to a natural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions from such sources 16 USC 791a. before the effective date of such plan, "(C) concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities, and "(D) the increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration determined in accordance with section 169(4). "(2) No action taken with respect to a source under paragraph (1)(A) or (1)(B) shall apply more than five years after the effective date of the order referred to in paragraph (1)(A) or the plan referred to in paragraph (1)(B), whichever is applicable. If both such order and plan are applicable, no such action shall apply more than five years after the later of such effective dates. "(3) No action under this subsection shall take effect unless the Order or rule. Governor submits the order or rule providing for such exclusion to the Administrator and the Administrator determines that such order or rule is in compliance with the provisions of this subsection. a AREA KEDESIGNATION

"SEC. 164. (a) Except as otherwise provided under subsection (c), 42 USC 7474. a State may redesignate such areas as it deems appropriate as class I areas. The following areas may be redesignated only as class I or II: "(1) an area which exceeds ten thousand acres in size and is a national monument, a national primitive area, a national preserve, a national recreation area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore, and

�


text:
Page:United States Statutes at Large Volume 91.djvu/768

 91 STAT. 734

Notice and hearing.

Notice of redesignation.

list

Regulations. Public inspection of plan.

Notice and hearing.

PUBLIC LAW 95-95—AUG. 7, 1977 "(2) a national park or national wilderness area established after the date of enactment of this Act which exceeds ten thousand acres in size. Any area (other than an area referred to in paragraph (1) or (2) or an area established as class I under the first sentence of section 162(a)) may be redesignated by the State as class III if— "(A) such redesignation has been specifically approved by the Governor of the State, after consultation with the appropriate Committees of the legislature if it is in session or with the leadership of the legislature if it is not in session (unless State law provides that such redesignation must be specifically approved by State legislation) and if general purpose units of local government representing a majority of the residents of the area so redesignated enact legislation (including for such units of local government resolutions where appropriate) concurring in the State's redesignation; " (B) such redesignation will not cause, or contribute to, concentrations of any air pollutant which exceed any maximum allowable increase or maximum allowable concentration permitted under the classification of any other area; and "(C) such redesignation otherwise meets the requirements of this part. Subparagraph (A) of this paragraph shall not apply to area redesignations by Indian tribes. "(b)(1)(A) Prior to redesignation of any area under this part, notice shall be ajfforded and public hearings shall be conducted in areas proposed to be redesignated and in areas which may be affected by the proposed redesignation. Prior to any such public hearing a satisfactory description and analysis of the health, environmental, economic, social, and energy effects of the proposed redesignation shall be prepared and made available for public inspection and prior to any such redesignation, the description and analysis of such effects shall be reviewed and examined by the redesignating authorities. " (B) Prior to the issuance of notice under subparagraph (A) respecting the redesignation of any area under this subsection, if such area includes any Federal lands, the State shall provide written notice to the appropriate Federal land manager and afford adequate opportunity (but not in excess of 60 days) to confer with the State respecting the intended notice of redesignation and to submit written comments and recommendations with respect to such intended notice of redesignation. In redesignating any area under this section with respect to which any Federal land manager has submitted written comments and recommendations, the State shall publish a list of any inconsistency between such redesignation and such recommendations and an explanation of such inconsistency (together with the reasons for making such redesignation against the recommendation of the / Federal land manager). "(C) The Administrator shall promulgate regulations not later than six months after date of enactment of this part, to assure, insofar as practicable, that prior to any public hearing on redesignation of any area, there shall be available for public inspection any specific plans for any new or modified major emitting facility which may be permitted to be constructed and operated only if the area in question is designated or redesignated as class III. "(2) The Administrator may disapprove the redesignation of any area only if he finds, after notice and opportunity for public hearing, that such redesignation does not meet the procedural requirements of

�


text:
Page:United States Statutes at Large Volume 91.djvu/769

 PUBLIC LAW 95-95—AUG. 7, 1977 this section. If any such disapproval occurs, the classification of the area shall be that which was in effect prior to the redesignation which was disapproved. "(c) Lands within the exterior boundaries of reservations of federally recognized Indian tribes may be redesignated only by the appropriate Indian governing body. Such Indian governing body shall be subject in all respect to the provisions of subsection (e). "(d) The Federal Land Manager shall review all national monuments, primitive areas, and national preserves, and shall recommend any appropriate areas for redesignation as class I where air quality related values are important attributes of the area. The Federal Land Manager shall report such recommendations, within supporting analysis, to the Congress and the affected States within one year after enactment of this section. The Inderal Land Manager shall consult with the appropriate States before making such recommendations. "(e) If any State affected by the redesignation of area by an Indian tribe or any Indian tribe affected by the redesignation of an area by a State disagrees with such redesignation of any area, or if a permit is proposed to be issued for any new major emitting facility proposed for construction in any State which the Governor of an affected State or governing body of an affected Indian tribe determines will cause or contribute to a cumulative change in air quality in excess of that allowed in this part within the affected State or tribal reservation, the Governor or Indian ruling body may request the Administrator to enter into negotiations with the parties involved to resolve such dispute. If requested by any State or Indian tribe involved, the Administrator shall make a recommendation to resolve the dispute and protect the air quality related values of the lands involved. If the parties involved do not reach agreement, the Administrator shall resolve the dispute and his determination, or the results of agreements reached through other means, shall become part of the applicable plan and shall be enforceable as part of such plan. In resolving such disputes relating to area redesignation, the Administrator shall consider the extent to which the lands involved are of sufficient size to allow effective air quality management or have air quality related values of such an area.

91 STAT. 735

Indian reservations.

Report to Congress.

PRECONSTRUCTION REQUIREMENTS

"SEC. 165. (a) No major emitting facility on which construction is 42 USC 7475. commenced after the date of the enactment of this part, may be constructed in any area to which this part applies unless— "(1) a permit has been issued for such proposed facility in accordance with this part setting forth emission limitations for such facility which conform to the requirements of this part: "(2) the proposed permit has been subject to a review in Regulation, accordance with this section, the required analysis has been con- Hearing, ducted in accordance with regulations promulgated by the Administrator, and a public hearing has been held with opportunity for interested persons including representatives of the Administrator to appear and submit written or oral presentations on the air quality impact of such source, alternatives thereto, control technology requirements, and other appropriate considerations; "(3) the owner or operator of such facility demonstrates that emissions from construction or operation of such facility will not cause, or contribute to, air pollution in excess of any (A) maximum allowable increase or maximum allowable concentration for

29-191+ 0

-

�


text:
Page:United States Statutes at Large Volume 91.djvu/770

 91 STAT. 736

Ante, pp. 697, 699-701, 703; Post, p. 791.

Permit applications, transmittal to Administrator. Ante, pp. 691-696.

Notice.

PUBLIC LAW 95-95—AUG. 7, 1977 any pollutant in any area to which this part applies more than one time per year, (B) national ambient air quality standard in any air quality control region, or (C) any other applicable emission standard or standard of performance under this Act; " (4) the proposed facility is subject to the best available control technology for each pollutant subject to regulation under this Act emitted from, or which results from, such facility; "(5) the provisions of subsection (d) with respect to protection of class I areas have been complied with for such facility; "(6) there has been an analysis of any air quality impacts projected for the area as a result of growth associated with such facility; "(7) the person who owns or operates, or proposes to own or operate, a major emitting facility for which a permit is required under this part agrees to conduct such monitoring as may be necessary to determine the effect which emissions from any such facility may have, or is having, on air quality in any area which may be affected by emissions from such source; and "(8) in the case of a source which proposes to construct in a class III area, emissions from which would cause or contribute to exceeding the maximum allowable increments applicable in a class II area and where no standard under section 111 of this Act has been promulgated subsequent to enactment of the Clean Air Act Amendments of 1977, for such source category, the Administrator has approved the determination of best available technology as set forth in the permit. "(b) The demonstration pertaining to maximum allowable increases required under subsection (a)(3) shall not apply to maximum allowable increases for class II areas in the case of an expansion or modification of a major emitting facility which is in existence on the date of enactment of the Clean Air Act Amendments of 1977, whose actual allowable emissions of air pollutants, after compliance with subsection (a)(4), will be less than fifty tons per year and for which the owner or operator of such facility demonstrates that emissions of particulate matter and sulfur oxides will not contribute to ambient air quality levels in excess of the national secondary ambient air quality standard for either of such pollutants. "(c) Any completed permit application under section 110 for a major emitting facility in any area to which this part applies shall be granted or denied not later than one year after the date of filing of such completed application. "(d)(1) Each State shall transmit to the Administrator a copy of each permit application relating to a major emitting facility received by such State and provide notice to the Administrator of every action related to the consideration of such permit. "(2)(A) The Administrator shall provide notice of the permit application to the Federal Land Manager and the Federal official charged with direct responsibility for management of any lands within a class I area which may be affected by emissions from the proposed facility. "(B) The Federal Land Manager and the Federal official charged with direct responsibility for management of such lands shall have an affirmative responsibility to protect the air quality related values (including visibility) of any such lands within a class I area and to consider, in consultation with the Administrator, whether a proposed major emitting facility will have an adverse impact on such values.

�


text:
Page:United States Statutes at Large Volume 91.djvu/771

 91 STAT. 737

PUBLIC LAW 95-95—AUG. 7, 1977 "(C)(i) In any case where the Federal official charged with direct responsibility for management of any lands within a class I area or the Federal Land Manager of such lands, or the Administrator, or the governor of an adjacent State containing such a class I area files a notice alleging that emissions from a proposed major emitting facility may cause or contribute to a change in the air quality in such area and identifying the potential adverse impact of such change, a permit shall not l^ issued unless the owner or operator of such facility demonstrates that emissions of particulate matter and sulfur dioxide will not cause or contribute to concentrations which exceed the maximum allowable increases for a class I area. "(ii) In any case where the Federal Land Manager demonstrates to the satisfaction of the State that the emissions from such facility will have an adverse impact on the air quality-related values (including visibility) of such lands, notwithstanding the fact that the change in air quality resulting from emissions from such facility will not cause or contrbute to concentrations which exceed the maximum allowable increases for a class I area, a permit shall not be issued. "(iii) In any case where the owner or operator of such facility demonstrates to the satisfaction of the Federal Land Manager, and the Federal Land Manager so certifies, that the emissions from such facility will have no adverse impact on the air quality related values of such lands (including visibility), notwithstanding the fact that the change in air quality resulting from emissions from such facility will cause or contribute to concentrations, which exceed the maximum allowable increases for class I areas, the State may issue a permit. "(iv) In the case of a permit issued pursuant to clause (iii), such facility shall comply with such emission limitations under such permit as may be necessary to assure that emissions of sulfur oxides and particulates from such sources together with all other sources, will not exceed the following maximum allowable increases over the baseline concentration for such pollutants: ,,_. ^., ^ ^^ "Particulate m a t t e r: Annual geometric mean Twenty-four-hour maximum Sulfur dioxide: Annual arithmetic mean Twenty-four-hour maximum Three-hour maximum

Maximum allowable increase (in mlcroRrams per cubic meter) 19 37 20 91 325

" (D)(i) In any case where the owner or operator of a proposed major emitting facility who has been denied a certification under subparagraph (C) (iii) demonstrates to the satisfaction of the Governor, after notice and public hearing, and the Governor finds, that the facility cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for periods of twenty-four hours or less applicable to any class I area and, in the case of Federal mandatory class I areas, that a variance under this clause will not adversely affect the air quality related values of the area (including visibility), the Governor, after consideration of the Federal Land Manager's recommendation (if any) and subject to his concurrence, may grant a variance from such maximum allowable increase. If such variance is granted, a permit may be issued to such source pursuant to the requirements of this subparagraph. "(ii) In any case in which the Governor recommends a variance under this subparagraph in which the Federal Land Manager does not concur, the recommendations of the Governor and the Federal Land Manager shall be transmitted to the President. The President may

Notice and hearing.

Variance recommendations, transmittal to President.

�


text:
Page:United States Statutes at Large Volume 91.djvu/772

 91 STAT. 738

PUBLIC LAW 95-95—AUG. 7, 1977 approve the Governor's recommendation if he finds that such variance is in the national interest. No Presidential finding shall be reviewable in any court. The variance shall take effect if the President approves the Governor's recommendations. The President shall approve or disapprove such recommendation within ninety days after his receipt of the recommendations of the Governor and the Federal Land Manager. "(iii) In the case of a permit issued pursuant to this subparagraph, such facility shall comply with such emission limitations under such permit as may be necessary to assure that emissions of sulfur oxides from such source, together with all other sources, will exceed the otherwise applicable maximum allowable increases for a period of exposure of twenty-four hours or less on not more than eighteen days during any annual period and that during such day such emissions will not exceed the following maximum allowable increases over the baseline concentration for such pollutant: MAXIIVIUIVI ALLOWABLE INCREASE [In micrograms per cubic meter] Low terrain areas

Period of exposure 24-hr maximum 3-hr maximum

Analysis.

Continuous air quality monitoring data.

Regulations.

Regulations.

..

High terrain areas

36 130

62 221

"(e)(1) The review provided for in subsection (a) shall be preceded by an analysis in accordance with regulations of the Administrator, promulgated under this subsection, which may be conducted by the State (or any general purpose unit of local government) or by the major emitting facility applying for such permit, of the ambient air quality at the proposed site and in areas which may be affected by emissions from such facility for each pollutant subject to regulation under this Act M^hich will be emitted from such facility. "(2) Effective one year after date of enactment of this part, the analysis required by this subsection shall include continuous air quality monitoring data gathered for purposes of determining whether emissions from such facility will exceed the maximum allowable increases or the maximum allowable concentration permitted under this part. Such data shall be gathered over a period of one calendar year preceding the date of application for a permit under this part unless the State, in accordance with regulations promulgated by the Administrator, determines that a complete and adequate analysis for such purposes may be accomplished in a shorter period. The results of such analysis shall be available at the time of the public hearing on the application for such permit. "(3) The Administrator shall within six months after the date of enactment of this part promulgate regulations respecting the analysis required under this subsection which regulations— "(A) shall not require the use of any automatic or uniform buffer zone or zones, "(B) shall require an analysis of the ambient air quality, climate and meteorology, terrain, soils and vegetation, and visibility at the site of the proposed major emitting facility and in the area potentially affected by the emissions from such facility for each pollutant regulated under this Act which will be emitted from, or which results from the construction or operation of, such facility, the size and nature of the proposed facility, the degree of

�


text:
Page:United States Statutes at Large Volume 91.djvu/773

 PUBLIC LAW 95-95—AUG. 7, 1977 continuous emission reduction which could be achieved by such facility, and such other factors as may be relevant in determining the effect of emissions from a proposed facility on any air quality control region, "(C) shall require the results of such analysis shall be available at the time of the public hearing on the application for such permit, and "(D) shall specify with reasonable particularity each air quality model or models to be used under specified sets of conditions for purposes of this part. Any model or models designated under such regulations may be adjusted upon a determination, after notice and opportunity for public hearing, by the Administrator that such adjustment is necessary to take into account unique terrain or meteorological characteristics of an area potentially affected by emissions from a source applying for a permit required under this part.

91 STAT. 739

Models, adjustment. Notice and hearing.

a OTHER POLLUTANTS

"SEC. 166. (a) In the case of the pollutants hydrocarbons, carbon monoxide, photochemical oxidants, and nitrogen oxides, the Administrator shall conduct a study and not later than two years after the date of enactment of this part, promulgate regulations to prevent the significant deterioration of air quality which would result from the emissions of such pollutants. In the case of pollutants for which national ambient air quality standards are promulgated after the date of the enactment of this part, he shall promulgate such regulations not more than 2 years after the date of promulgation of such standards. "(b) Eegulations referred to in subsection (a) shall become effective one year after the date of promulgation. Within 21 months after such date of promulgation such plan revision shall be submitted to the Administrator who shall approve or disapprove the plan within 25 months after such date or promulgation in the same manner as required under section 110. "(c) Such regulations shall provide specific numerical measures against which permit applications may be evaluated, a framework for stimulating improved control technology, protection of air quality values, and fulfill the goals and purposes set forth in section 101 and section 160. "(d) The regulations of the Administrator under subsection (a) shall provide specific measures at least as effective as the increments established in section 163 to fulfill such goals and purposes, and may contain air quality increments, emission density requirements, or other measures. "(e) With respect to any air pollutant for which a national ambient air quality standard is established other than sulfur oxides or particulate matter, an area classification plan shall not be required under this section if the implementation plan adopted by the State and submitted for the Administrator's approval or promulgated by the Administrator under section 110(c) contains other provisions which when considered as a whole, the Administrator finds will carry out the purposes in section 160 at least as effectively as an area classification plan for such pollutant. Such other provisions referred to in the preceding sentence need not require the establishment of maximum allowable increases with respect to such pollutant for any area to which this section applies.

Study and regulations.

42 USC 7476.

Effective date.

Ante, pp. 691-696. 42 USC 7401.

^n^. P- 694.

�


text:
Page:United States Statutes at Large Volume 91.djvu/774

 91 STAT. 740

PUBLIC LAW 95-95—AUG. 7, 1977 a. ENFORCEMENT

42 USC 7477.

Ante, p. 687.

.-

.

"SEC. 167. The Administrator shall, and a State may, take such measures, including issuance of an order, or seeking injunctive relief, as necessary to prevent the construction of a major emitting facility which does not conform to the requirements of this part, or which is proposed to be constructed in any area included in the list promulgated pursuant to paragraph (1)(D) or (E) of subsection (d) of section 107 of this Act and which is not subject to an implementation plan which meets the requirements of this part. a PERIOD BEFORE PLAN APPROVAL

42 USC 7478.

"SEC. 168. (a) Until such time as an applicable implementation plan is in effect for any area, which plan meets the requirements of this part to prevent significant deterioration of air quality with respect to any air pollutant, applicable regulations under this Act prior to enactment of this part shall remain in effect to prevent significant deterioration of air quality in any such area for any such pollutant except as otherwise provided in subsection (b). Regulation. "(b) If any regulation in effect prior to enactment of this part to prevent significant deterioration of air quality would be inconsistent with the requirements of section 162(a), section 163(b) or section 164(a), then such regulations shall be deemed amended so as to conform with such requirements. In the case of a facility on which construction was commenced in accordance with this definition after June 1, 1975, and prior to the enactment of the Clean Air Act Amendments of 1977, the review and permitting of such facility shall be in w, >.; • accordance with the regulations for the prevention of significant deterioration in effect prior to the enactment of the Clean Air Act Amendments of 1977. "DEFINITIONS

42 USC 7479.

lOl^'C^giS

.;

"SEC. 169. For purposes of this part— "(1) The term 'major emitting facility' means any of the following stationary sources of air pollutants which emit, or have the potential to emit, one hundred tons per year or more of any J ^ii" pollutant from the following types of stationary sources: fossil-fuel fired steam electric plants of more than two hundred, and fifty million British thermal units per hour heat input, coal cleaning plants (thermal dryers), kraft pulp mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than two hundred and fifty tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production facilities, chemical process plants, fossil-fuel boilers of more than two hundred and fifty million British thermal units per hour heat input, petroleum storage and transfer facilities with a capacity exceeding three hundred thousand barrels, taconite ore processing facilities, glass fiber processing plants, charcoal production facilities. Such term also includes any other source with the potential to emit two hundred and fifty tons per year or more of any air pollutant. This term shall not include new or modified facilities

�


text:
Page:United States Statutes at Large Volume 91.djvu/775

 PUBLIC LAW 95-95—AUG. 7, 1977 which are nonprofit health or education institutions which have been exempted by the State. "(2)(A) The term 'commenced' as applied to construction of a major emitting facility means that the owner or operator has obtained all necessary preconstruction approvals or permits required by Federal, State, or local air pollution emissions and air quality laws or regulations and either has (i) begun, or caused to begin, a continuous program of physical on-site construction of the facility or (ii) entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of construction of the facility to be completed within a reasonable time. "(B) The term 'necessary preconstruction approvals or permits' means those permits or approvals, required by the permitting authority as a precondition to undertaking any activity under clauses (i) or (ii) of subparagraph (A) of this paragraph. "(3) The term 'best available control technology' means an emis= sion limitation based on the maximum degree of reduction of each pollutant subject to regulation under this Act emitted from or which results from any major emitting facility, which the permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such facility through application of production processes and available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of each such pollutant. In no event shall application of 'best available control technology' result in emissions of any pollutants which will exceed the emissions allowed by any applicable standard established pursuant to section 111 or 112 of this Act. " (4) The term 'baseline concentration' means, with respect to a pollutant, the ambient concentration levels which exist at the time of the first application for a permit in an area subject to this part, based on air quality data available in the Environmental Protection Agency or a State air pollution control agency and on such monitoring data as the permit applicant is required to submit. Such ambient concentration levels shall take into account all projected emissions in, or which may affect, such area from any major emitting facility on which construction commenced prior to January 6, 1975, but which has not begun operation by the date of the baseline air quality concentration determination. Emissions of sulfur oxides and particulate matter from any major emitting facility on which construction commenced after January 6, 1975, shall not be included in the baseline and shall be counted against the maximum allowable increases in pollutant concentrations established under this part.". (b) Within one year from the date of enactment of this Act the Administrator shall report to the Congress on the consequences of that portion of the definition of "major emitting facility" under the amendment made by subsection (a) which applies to facilities with the potential to emit two hundred and fifty tons per year or more. Such study shall examine the type of facilities covered, the air quality benefits of including such facilities, and the administrative aspect of regulating such facilities. (c) Not later than one year after the date of enactment of this Act, the Administrator shall publish a guidance document to assist the

91 STAT. 741

Ante, pp. 697, 699-701, 703; Post, p. 791. Ante, pp. 701, 703; Post, p. 791.

Report to Congress. 42 USC 7479 note.

Guidance document, publication. 42 USC 7470 note.

�


text:
Page:Hockey, Canada's Royal Winter Game.djvu/42

 from injuring this tender, vulnerable spot, and in their weight, differ so little from the others, that in every respect, they are a great improvement upon the latter. Of course, there are other ways of padding the knees to prevent injury, but pants padded at hips and knees is the most satisfactory, because the cords or straps that bind the pads to the knees, are so tightly tied that they may easily stop the circulation of the blood in the leg, and cause parts of the feet to freeze, or cramp.

A blow from the stick or the puck, is, perhaps, the most frequent cause of injury to a player, unless he be singularly unfortunate, but this never, or scarcely ever, amounts to anything serious. Our rules have been carried to such perfection, that, with rare exceptions, this accident of being struck with the stick occurs only in games between inexperienced men, because referees are so strict in enforcing the rule that forbids a man to raise his stick above the shoulder, that players who are up in the game, and respect the decision of the latter, are chary about erring in this manner.

Beginners are the most serious offenders against this rule, either because they are not sufficiently conversant with the game or because the referees of important matches err on the side of leniency.


text:
Page:United States Statutes at Large Volume 91.djvu/776

 91 STAT. 742 Ante, p. 731.

Ante, pp. 691-696. Study, report to Congress. 42 USC 7470 note.

PUBLIC LAW 95-95—AUG. 7, 1977 States in carrying out their functions under part C of title I of the Clean Air Act (relating to prevention of significant deterioration of air quality) with respect to pollutants, other than sulfur oxides and particulates, for which national ambient air quality standards are promulgated. Such guidance document shall include recommended strategies for controlling photochemical oxidants on a regional or multistate basis for the purpose of implementing part C and section 110 of such Act. (d) Not later than two years after the date of enactment of this Act, the Administrator shall complete a study and report to the Congress on the progress made in carrying out part C of title I of the Clean Air Act (relating to significant deterioration of air quality) and the problems associated with carrying out such section, including recommendations for legislative changes necessary to implement strategies for controlling photochemical oxidants on a regional or multistate basis. VISIBILITY PROTECTION

SEC. 128. (a) Part C of title I of the Clean Air Act, is amended by adding the following new section after section 168: "SUBPART 2 u VI S I B I L I T Y PROTECTION FOR FEDERAL CLASS I AREAS

42 USC 7491.

Review, consultation. Revision. List.

Study, report to Congress. Recommendations,

V,

Regulations, notice and hearing.

"SEC. 169A. (a)(1) Congress hereby declares as a national ^oal the prevention of any future, and the remedying of any existing, impairment of visibility in mandatory class I Federal areas which impairment results from manmade air pollution. "(2) Not later than six months after the date of the enactment of this section, the Secretary of the Interior in consultation with other Federal land managers shall review all mandatory class I Federal areas and identify those where visibility is an important value of the area. From time to time the Secretary of the Interior may revise such identifications. Not later than one year after such date of enactment, the Administrator shall, after consultation with the Secretary of the Interior, promulgate a list of mandatory class I Federal areas in which he determines visibility is an important value. "(3) Not later than eighteen months after the date of enactment of this section, the Administrator shall complete a study and report to Congress on available methods for implementing the national goal set forth in paragraph (1). Such report shall include recommendations for— "(A) methods for identifying, characterizing, determining, quantifying, and measuring visibility impairment in Federal areas referred to in paragraph (1), and "(B) modeling techniques (or other methods) for determining the extent to which manmade air pollution may reasonably be anticipated to cause or contribute to such impairment, and "(C) methods for preventing and remedying such manmade air pollution and resulting visibility impairment. Such report shall also identify the classes or categories of sources and the types of air pollutants which, alone or in conjunction with other sources or pollutants, may reasonably be anticipated to cause or contribute significantly to impairment of visibility. " (4) Not later than twenty-four months after the date of enactment of this section, and after notice and public hearing, the Administrator shall promulgate regulations to assure (A) reasonable progress toward

�


text:
Page:United States Statutes at Large Volume 91.djvu/777

 PUBLIC LAW 95-95—AUG. 7, 1977 meeting the national goal specified in paragraph (1), and (B) compliance with the requirements of this section. "(b) Regulations under subsection (a)(4) shall— "(1) provide guidelines to the States, taking into account the recommendations under subsection (a)(3) on appropriate techniques and methods for implementing this section (as provided in subparagraphs (A) through (C) of such subsection (a)(3)), and "(2) require each applicable implementation plan for a State in which any area listed by the Administrator under subsection (a)(2) is located (or for a State the emissions from which may reasonably be anticipated to cause or contribute to any impairment of visibility in any such area) to contain such emission limits, schedules of compliance and other measures as may be necessary to make reasonable progress toward meeting the national goal specified in subsection (a), including— "(A) except as otherwise provided pursuant to subsection (c), a requirement that each major stationary source which is in existence on the date of enactment of this section, but which has not been in operation for more than fifteen years as of such date, and which, as determined by the State (or the Administrator in the case of a plan promulgated under section 110(c)) emits any air pollutant which may reasonably be anticipated to cause or contribute to any impairment of visibility in any such area, shall procure, install, and operate, as expeditiously as practicable (and maintain thereafter) the best available retrofit technology, as determined by the State (or the Administrator in the case of a plan promulgated under section 110(c)) for controlling emissions from such source for the purpose of eliminating or reducing any such impairment, and "(B) a long-term (ten to fifteen years) strategy for making reasonable progress toward meeting the national goal specified in subsection (a). In the case of a fossil-fuel fired generating powerplant having a total generating capacity in excess of 750 megawatts, the emission limitations required under this paragraph shall be determined pursuant to guidelines, promulgated by the Administrator under paragraph (1). "(c)(1) The Administrator may, by rule, after notice and opportunity for public hearing, exempt any major stationary source from the requirement of subsection (b)(2)(A), upon his determination that such source does not or will not, by itself or in combination with other sources, emit any air pollutant which may reasonably be anticipated to cause or contribute to a significant impairment of visibility in any mandatory class I Federal area. "(2) Paragraph (1) of this subsection shall not be applicable to any fossil-fuel fired powerplant with total design capacity of 750 megawatts or more, unless the owner or operator of any such plant demonstrates to the satisfaction of the Administrator that such powerplant is located at such distance from all areas listed by the Administrator under subsection (a)(2) that such powerplant does not or will not, by itself or in combination with other sources, emit any air pollutant which may reasonably be anticipated to cause or contribute to significant impairment of visibility in any such area. " (3) An exemption under this subsection shall be effective only upon concurrence by the appropriate Federal land manager or managers with the Administrator's determination under this subsection.

91 STAT. 743

Guidelines to States.

Emissions control retrofit technology.

Ante, p. 694.

Exemption, notice and hearing.

Applicability.

Concurrence by Federal land manager.

�


text:
Page:United States Statutes at Large Volume 91.djvu/778

 91 STAT. 744 Consultation. Land manager's recommendations, summary. Ante, p. 694.

Buffer zones.

Nondiscretionary duty. 42 USC 7604. Definitions.

J;M;;

PUBLIC LAW 95-95—AUG. 7, 1977 "(d) Before holding the public hearing on the proposed revision of an applicable implementation plan to meet the requirements of this section, the State (or the Administrator, in the case of a plan promulgated under section 110(c)) shall consult in person with the appropriate Federal land manager or managers and shall include a summary of the conclusions and recommendations of the Federal land managers in the notice to the public. "(e) In promulgating regulations under this section, the Administrator shall not require the use of any automatic or uniform buffer zone or zones. "(f) For purposes of section 304(a)(2), the meeting of the national goal specified in subsection (a)(1) by any specific date or dates shall not be considered a 'nondiscretionary duty' of the Administrator. "(g) For the purpose of this section— "(1) in determining reasonable progress there shall be taken into consideration the costs of compliance, the time necessary for compliance, and the energy and nonair quality environmental impacts of compliance, and the remaining useful life of any existing source subject to such requirements; "(2) in determining best available retrofit technology the State (or the Administrator in determining emission limitations which reflect such technology) shall take into consideration the costs of compliance, the energy and nonair quality environmental impacts of compliance, any existing pollution control technology in use at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology; " (3) the term 'manmade air pollution' means air pollution which results directly or indirectly from human activities; "(4) the term 'as expeditiously as practicable means as expeditiously as practicable but in no event later than five years after the date of approval of a plan revision under this section (or the date of promulgation of such a plan revision in the case of action by the Administrator under section 110(c) for purposes of this section); "(5) the term 'mandatory class I Federal areas' means Federal areas which may not be designated as other than class I under this part; "(6) the terms 'visibility impairment' and 'impairment of visibility' shall include reduction in visual range and atmospheric discoloration; and "(7) the term 'major stationary source' means the following types of stationary sources with the potential to emit 250 tons or more of any pollutant: fossil-fuel fired steam electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants (thermal dryers), kraft pulp mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incenerators capable of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production facilities, chemical process plants, fossil-fuel boilers of more than 250 million British thermal units per hour heat input, petroleum storage and transfer

�


text:
Page:United States Statutes at Large Volume 91.djvu/779

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 745

facilities with a capacity exceeding 300,000 barrels, taconite ore processing facilities, glass fiber processing plants, charcoal production facilities.". N O N A T T A I N M E N T AREAS

SEC. 129. (a)(1) Before July 1, 1979, the interpretative regulation 42 USC 7502 of the Administrator of the Environmental Protection Agency pub- note. lished in 41 Federal Register 55524-30, December 21, 1976, as may be 41 CFR 51.18. modified by rule of the Administrator, shall apply except that the baseline to be used for determination of appropriate emission offsets under such regulation shall be the applicable implementation plan of the State in effect at the time of application for a permit by a proposed major stationary source (within the meaning of section 302 of the Post, pp. 761, Clean Air Act). (2) Before July 1, 1979, the requirements of the regulation referred 769, 770. to in paragraph (1) shall be waived by the Administrator with respect Waiver. to any pollutant if he determines that the State has— (A) an inventory of emissions of the applicable pollutant for Emissions each nonattainment area (as defined in section 171 of the Clean inventory. Air Act) that identifies the type, quantity, and source of such pol- Post, p. 746. lutant so as to provide information sufficient to demonstrate that the requirements of subparagraph (C) are being met; Permit program. (B) an enforceable permit program which— f ^ (i) requires new or modified major stationary sources to meet emission limitations at least as stringent as required under the permit requirements referred to in paragraphs (2) and (3) of section 173 of the Clean Air Act (relating to Post, p. 748. lowest achievable emission rate and compliance by other sources) and which assures compliance with the annual reduction requirements of subparagraph (C); and (ii) requires existing sources to achieve such reduction in emissions in the area as may be obtained through the adoption, at a minimum of reasonably available control technology, and (C) a program which requires reductions in total allowable emissions in the area prior to January 1, 1979, so as to provide for the same level of emission reduction as would result from the application of the regulation referred to in paragraph (1), The Administrator shall terminate such waiver if in his judgment at Termination. the reduction in emissions actually being attained is less than the reduction on which the waiver was conditioned pursuant to subparagraph (C), or if the Administrator determines that the State is no longer in compliance with any requirement of this paragraph. Upon Reinstatement, application by the State, the Administrator may reinstate a waiver application. terminated under the preceding sentence if he is satisfied that such State is in compliance with all requirements of this subsection. (3) Operating permits may be issued to those applicants who were Permits. properly granted construction permits, in accordance with the law and applicable regulations in effect at the time granted, for construction of a new or modified source in areas exceeding national primary air quality standards on or before the date of the enactment of this Act if such construction permits were granted prior to the date of the enactment of this Act and the person issued any such permit is able to demonstrate that the emissions from the source will be within the limitations set forth in such construction permit. (b) Title I of such Act is amended by adding the following new part at the end thereof:

�


text:
Page:United States Statutes at Large Volume 91.djvu/780

 91 STAT. 746

PUBLIC LAW 95-95—AUG. 7, 1977 "PART D — P L A N REQUIREMENTS FOR NONATTAINMENT AREAS DEFINITIONS

42 USC 7501. Ante, p. 694>. )

^

Ante, 1^.687. ' •: • •' -

' f

42 USC 7411.

«SEC.

171. For the purpose of this part and section 110(a)

(2)(I) — " (1) The term 'reasonable further progress' means annual ineremental reductions in emissions of the applicable air pollutant (including substantial reductions in the early years following approval or promulgation of plan provisions under this part and section 110(a)(2)(I) and regular reductions thereafter) which are sufficient in the judgment of the Administrator, to provide for attainment of the applicable national ambient air quality standard by the date required in section 172(a). "(2) The term 'nonattainment area' means, for any air pollutant an area which is shown by monitored data or which is calculated by air quality modeling (or other methods determined by the Administrator to be reliable) to exceed any national ambient air quality standard for such pollutant. Such term includes any area identified under subparagraphs (A) through (C) of section 107(d)(1). "(3) The term 'lowest achievable emission rate' means for any source, that rate of emissions which reflects— "(A) the most stringent emission limitation which is contained in the implementation plan of any State for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable, or "(B) the most stringent emission limitation which is achieved in practice by such class or category of source, { whichever is more stringent. In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source standards of performance. "(4) The terms 'modifications' and 'modified' mean the same as the term 'modification' as used in section 111(a)(4) of this Act. "NONATTAINMENT

42 USC 7502. ^,

>.

PLAN

PROVISIONS

"SEC. 172. (a)(1) The provisions of an applicable implementation plan for a State relating to attainment and maintenance of national ambient air quality standards in any nonattainment area which are required by section 110(a)(2)(I) as a precondition for the construction or modification of any major stationary source in any such area on or after July 1, 1979, shall provide for attainment of each such national ambient air quality standard in each such area as expeditiously as practicable, but, in the case of national primary ambient air qualify standards, not later than December 31, 1982. "(2) In the case of the national primary ambient air quality standard for photochemical oxidants or carbon monoxide (or both) if the State demonstrates to to the satisfaction of the Administrator (on or before the time required for submission of such plan) that such attainment is not possible in an area with respect to either or both of such pollutants within the period prior to December 31, 1982, despite the implementation of all reasonably available measures, such provisions shall provide for the attainment of the national primary standard

�


text:
Page:United States Statutes at Large Volume 91.djvu/781

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 747

for the pollutant (or pollutants) with respect to which such demon-^ stration is made, as expeditiously as practicable but not later than December 31, 1987. "(b) The plan provisions required by subsection (a) shall— "(1) be adopted by the State (or promulgated by the Admin- Notice and istrator under section 110(c)) after reasonable notice and public hearing. Ante, p. 694. hearing; "(2) provide for the implementation of all reasonably available control measures as expeditiously as practicable; "(3) require, in the interim, reasonable further progress (as defined in section 171(1)) including such reduction in emissions from existing sources in the area as may be obtained through the adoption, at a minimum, of reasonably available control technology; "(4) include a comprehensive, accurate, current inventory of Emissions actual emissions from all sources (as provided by rule of the inventory. Administrator) of each such pollutant for each such area which is revised and resubmitted as frequently as may be necessary to assure that the requirements of paragraph (3) are met and to assess the need for additional reductions to assure attainment of each standard by the date required under paragraph (1); "(5) expressly identify and quantify the emissions, if any, of any such pollutant which will be allowed to result from the construction and operation of major new or modified stationary sources for each such area; "(6) require permits for the construction and operation of new Permits. or modified major stationary sources in accordance with section 173 (relating to permit requirements); "(7) identify and commit the financial and manpower resources necessary to carry out the plan provisions required by this subsection; "(8) contain emission limitations, schedules of compliance and such other measures as may be necessary to meet the requirements of this section; "(9) evidence public, local government, and State legislative involvement and consultation in accordance with section 174 (relating to planning procedures) and include (A) an identification and analysis of the air quality, health, welfare, economic, energy, and social effects of the plan provisions required by this subsection and of the alternatives considered by the State, and (B) a summary of the public comment on such analysis; "(10) include written evidence that the State, the general purpose local government or governments, or a regional agency designated by general purpose local governments for such purpose, have adopted by statute, regulation, ordinance, or other legally enforceable document, the necessary requirements and s'^hedules and timetables for compliance, and are committed to implement and enforce the appropriate elements of the pl-m; ,... "(11) in the case of plans which make a demonstration pursuant to paragraph (2) of subsection (a)— "(A) establish a program which requires, prior to issuance Program of any permit for construction or modification of a major emitting facility, an analysis of alternative sites, sizes, production processes, and environmental control techniques for such proposed source which demonstrates that benefits of the proposed source significantly outweigh the environmental and

�


text:
Page:United States Statutes at Large Volume 91.djvu/782

 91 STAT. 74S

PUBLIC LAW 95-95—AUG. 7, 1977 -,kj'

Schedule establishment.

social easla i«^)osed as a result of its location, construction, or modification; "(B) establish a specific schedule for implementation of a vehicle emission control inspection and maintenance program; and "(C) identify other measures necessary to provide for. attainment of the applicable national ambient air quality standard not later than December 31, 1987. "(c) In the case of a State plan revision required under the Clean Air Act Amendments of 1977 to be submitted before July 1, 1982, by reason of a demonstration under subsection (a)(2), effective on &uch date such plan shall contain enforceable measures to assure attainment of the applicable standard not later than July 1, 1987. "PERMIT REQUIREMENTS

42 USC 7503.

"SEC. 173. The permit program required by section 172(b)(6) shall provide that permits to construct and operate may be issued if— "(1) the permitting agency determines that— j "(A) by the time the facility is to commence operation, total allowable emissions from existing sources in the region, I from new sources which are not major emitting facilities, and from the proposed facility will be sufficiently less than total emissions from existing sources allowed under the implementation plan prior to the application for such permit to construct or modify so as to represent (when considered together with the plan provisions required under section 172) reasonable further progress (as defined in section 171); or "(B) that emissions of such pollutant resulting from the proposed new or modified major stationary source will not cause or contribute to emissions levels which exceed the allow} ance permitted for such pollutant for such area from new or modified major stationary sources under section 172(b); "(2) the proposed source is required to comply with the lowest achievable emission rate; and "(3) the owner or operator of the proposed new or modified source has demonstrated that all major stationary sources owned or operated by such person (or by any entity controlling, controlled by, or under common control with such person) in such State are subject to emission limitations and are in compliance, or on a schedule for compliance, with all applicable emission limitations and standards under this Act. Any emission reductions required as a precondition of the issuance of a permit under paragraph (1)(A) shall be legally binding before such permit may be issued. li

42 USC 7504.

P L A N N I N G PROCEDURES

"SEC. 174. (a) Within six months after the enactment of the Clean Air Act Amendments of 1977, for each region in which the national primary ambient air quality standard for carbon monoxide or photochemical oxidants will not be attained by July 1, 1979, the State and elected officials of affected local governments shall jointly determine which elements of a revised implementation plan will be planned for and implemented or enforced by the State and which such elements will be planned for and implemented or enforced by local governments or regional agencies, or any combination of local

�


text:
Folk-Lore/Volume 7/Staffordshire Folk and their Lore

--Oldmacc (talk) 17:15, 31 July 2015 (UTC)


text:
Page:United States Statutes at Large Volume 91.djvu/783

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 749

governments, regional agencies, or the State. Where possible within the time required under this subsection, the implementation plan required by this part shall be prepared by an organization of elected officials of local governments designated by agreement of the local governments in an affected area, and certified by the State for this purpose. Where such an organization has not been designated by Consultation. agreement within six months after the enactment of the Clean Air Act Amendments of 1977, the Governor (or, in the case of an interstate area, Governors), after consultation with elected officials of local governments, and in accordance with the determination under the first sentence of this subparagraph, shall designate an organization of elected officials of local governments in the affected area or a State agency to prepare such plan. Where feasible, such organization shall be the metropolitan planning organization designated to conduct the continuing, cooperative and comprehensive transportation planning process for the area under section 134 of title 23, United States Code, or the organization responsible for the air quality maintenance planning process under regulations implementing this section, or the organization with both responsibilities. "(b) The preparation of implementation plan provisions under this part shall be coordinated with the continuing, cooperative, and comprehensive transportation planning process required under section 134 of title 23, United States Code, and the air quality maintenance planning process required under section 110, and such planning processes shall Ante, pp. 691-696. take into account the requirements of this part. "ENVIRONMENTAL PROTECTION AGENCY GRANTS

"SEC. 175. (a) The Administrator shall make grants to any or^a- 42 USC 7505. nization of local elected officials with transportation or air quality maintenance planning responsibilities recognized by the State under section 174(a) for payment of the reasonable costs of developing a plan ^ revision under this part. "(b) The amount granted to any organization under subsection (a) shall be 100 percent of any additional costs of developing a plan revision under this part for the first two fiscal years following receipt of the grant under this paragraph, and shall supplement any funds available under Federal law to such organization for transportation or air quality maintenance planning. Grants under this section shall not be used for construction. LIMITATIONS ON CERTAIN FEDERAL ASSISTANCE

"SEC. 176. (a) The Administrator shall not approve any projects or 42 USC 7506. award any grants authorized by this Act and the Secretary of'Transportation shall not approve any projects or award any grants under title 23, United States Code, other than for safety, mass transit, or 23 USC 101 H transportation improvement projects related to air quality improve- *«9ment or maintenance, in any air quality control region— "(1) in which any primary ambient air quality standard has not been attained, "(2) where transportation control measures are necessary for the attainment of such standard, and "(3) where the Administrator finds after July 1, 1979, that the Governor has not submitted an implementation plan which considers each of the elements required by section 172 or that reasonable efforts toward submitting such an implementation plan

�


text:
Page:Hockey, Canada's Royal Winter Game.djvu/43

 Another danger to which a hockey player is exposed, is this, that during a game, after a man is overheated, he is liable to contract a severe cold if he is not careful to wrap himself up immediately on the call of time. As soon as any serious delay occurs the player should either repair to the dressing room or cover up well with a spare sweater or a gown.


text:
Page:United States Statutes at Large Volume 91.djvu/784

 91 STAT. 750

Ante, pp. 691-696.

49 USC 1601 note. 12 USC 1749aa note. 42 USC 7507. 42 USC 7543.

PUBLIC LAW 95-95—AUG. 7, 1977 are not being made (or, after July 1, 1982, in the case of an implementation plan revision required under section 172 to be submitted before July 1, 1982). " (b) In any area in which the State or, as the case may be, the general purpose local government or governments or any regional agency designated by such general purpose local governments for such purpose, is not implementing any requirement of an approved or promulgated plan under section 110, including any requirement for a revised implementation plan under this part, the Administrator shall not make any grants under this Act. "(c) No department, agency, or instrumentality of the Federal Government shall (1) engage in, (2) support in any way or provide financial assistance for, (3) license or permit, or (4) approve, any activity which does not conform to a plan after it has been approved or promulgated under section 110. No metropolitan planning organization designated under section 134 of title 23, United States Code, shall give its approval to any project, program, or plan which does not conform to a plan approved or promulgated under section 110. The assurance of conformity to such a plan shall be an affirmative responsibility of the head of such department, agency, or instrumentality. "(d) Each department, agency, or instrumentality of the Federal Government having authority to conduct or support any program with air-quality related transportation consequences shall give priority in the exercise of such authority, consistent with statutory requirements for allocation among States or other jurisdictions, to the implementation of those portions of plans prepared under this section to achieve and maintain the national primary ambient air quality standard. This paragraph extends to, but is not limited to, authority exercised under the Urban Mass Transportation Act, title 23 of the United States Code, and the Housing and Urban Development Act. "NEW MOTOR VEHICLE EMISSION STANDARDS IN NONATTAINMENT AREAS

"SEC. 177. Notwithstanding section 209(a), any State which has plan provisions approved under this part may adopt and enforce for any model year standards relating to control of emissions from new motor vehicles or new motor vehicle engines and take such other actions as are referred to in section 209(a) respecting such vehicles if— "(1) such standards are identical to the California standards for which a waiver has been granted for such model year, and "(2) California and such State adopt such standards at least two years before commencement of such model year (as determined by regulations of the Administrator), " G U r o A N C E DOCUMENTS

42 USC 7508. Ante, p. 689; Post, p. 790.

Implementation plan revision. 42 USC 7502' note. Post, p. 795. Ante, pp. 693, 694.

"SEC. 178. The Administrator shall issue guidance documents under section 108 for purposes of assisting States in implementing requirements of this part respecting the lowest achievable emission rate. Such a document shall be published not later than nine months after the date of enactment of this part and shall be revised at least every two years thereafter.". (c) Notwithstanding the requirements of section 406(d)(2) (relating to date required for submission of certain implementation plan revisions), for purposes of section 110(a)(2) of the Clean Air Act each State in which there is any nonattainment area (as defined in

�


text:
Page:United States Statutes at Large Volume 91.djvu/785

 PUBLIC LAW 95-95—AUG. 7, 1977 subpart D of the Clean Air Act) shall adopt and submit an implementation plan revision which meets the requirements of section 101 (a)(2)(I) and subpart D of the Clean Air Act not later than January 1, 1979. In the case of any State for which a plan revision adopted and submitted before such date has made the demonstration required under section 172(a)(2) of the Clean Air Act (respecting impossibility of attainment before 1983), such State shall adopt and submit to the Administrator a plan revision before July 1, 1982, which meets the requirements of section 172(b) and (c) oi such Act.

91 STAT. 751

42 USC 7401. Ante, p. 746. State plan adoption, submittal to Administrator.

TITLE II—AMENDMENTS KELATING PRIMARILY TO TITLE II OF THE CLEAN AIR ACT LIGHT-DUTY MOTOR V E H I C I ^ EMISSIONS

SEC. 201. (a) Subparagraph (A) of section 202(b)(1) of the Clean Standards. Air Act is amended to read as follows: 42 USC 7521. "(A) The regulations under subsection (a) applicable to emissions of carbon monoxide and hydrocarbons from light-duty vehicles and engines manufactured during model years 1977 through 1979 shall contain standards which provide that such emissions from such vehicles and engines may not exceed 1.5 grams per vehicle mile of hydrocarbons and 15.0 grams per vehicle mile of carbon monoxide. The regulations under subsection (a) applicable to emissions of carbon monoxide from light-duty vehicles and engines manufactured during the model year 1980 shall contain standards which provide that such emissions may not exceed 7.0 grams per vehicle mile. The regulations under subsection (a) applicable to emissions of hydrocarbons from light-duty vehicles and engines manufactured during or ' after model year 1980 shall contain standards which require a reduction of at least 90 percent from emissions of such pollutant allowable under the standards under this section applicable to light-duty vehicles and engines manufactured in model year 1970. Unless waived as provided in paragraph (5), regulations under subsection (a) applicable to emissions of carbon monoxide from light-duty vehicles and engines manufactured during or after the model year 1981 shall contain standards which require a reduction of at least 90 percent from emissions of such pollutant allowable under the standards under this section applicable to light-duty vehicles and engines manufactured in model year 1970.". (b) Subparagraph (B) of section 202(b)(1) of such Act is Standards, amended to read as follows: "(B) The regulations under subsection (a) applicable to emissions of oxides of nitrogen from light-duty vehicles and engines manufactured during model years 1977 through 1980 shall contain standards which provide that such emissions from such vehicles and engines may not exceed 2.0 grams per vehicle mile. The regulations under subsection (a) applicable to emissions of oxides of nitrogen from light-duty vehicles and engines manufactured during the model year 1981 and thereafter shall contain standards which provide that such emissions from such vehicles and engines may not exceed 1.0 gram per vehicle mile. The Administrator shall prescribe standards in lieu of those required by the preceding sentence, which provide that emissions of oxides of nitrogen may not exceed 2.0 grams per vehicle mile for any light-duty vehicle manufactured during model years 1981 and 1982 by any manufacturer whose production, by corporate identity, for

�


text:
Author:William Henry Howell

Works

 * , United States (with Harriet L. Hennessey)

title: Author:William Henry Howell


text:
Page:Hockey, Canada's Royal Winter Game.djvu/44

 CAPT. HUGH BAIRD


text:
Page:Hockey, Canada's Royal Winter Game.djvu/45

 THE MONTREAL HOCKEY CLUB ☘

AS organized in 1884, two years after the Victorias had formed. Their record is the best of any team in Canada. Winning the senior championship in 1888, they held it until 1894 inclusively.

The Montrealers were the first possessors of the Stanley Cup, it being presented to them in 1893.

In 1896 the Montreal and Shamrock teams journeyed to the United States, and played matches in Washington, Baltimore and New York.

In the fifteen years of their existence the senior team has won the championship seven times, and the intermediates just as often.


text:
Page:Hockey, Canada's Royal Winter Game.djvu/46

 CHAPTER III. ☘

OR many reasons, the quality and species of the skate is a most important consideration to a hockey player.

Imagine a man in a championship match wearing a pair of sheep's shank bones, fastened to his feet with hide cords, as the Scandinavians, Hollanders and the English used before the year 1650.

The evolution of the first contrivance for locomotion on ice, has brought to us, after years of improvements and new inventions, the desiderata for general, speed, figure-skating and hockey.

We have the long, thin, flat skates, after the Norwegian pattern, for speed work, the round-bladed Barney & Berry for fancy skating, and the regular hockey skate, for our game. As hockey developed into a scientific game from the crude shinny, skill and experience have turned the art of hockey-skate-making into a science, and for some time past, each succeeding year has seen the death of an old shape and the birth of a new. A hundred shapes and patterns have faded into the past, and a hundred new have risen to succeed them.


text:
Page:Hockey, Canada's Royal Winter Game.djvu/47

 But the skate that seems to have found more favour among hockey players than any other, is one manufactured by a Montreal machinist, Lunn. It has more good points and is altogether more satisfactory, than any skate yet introduced for the game. Built at the heel as at the toe, it affords equal facility for backward, as well as for forward skating, an excellent point, and being forged and hammered, it is stronger and more reliable than the ordinary skate that is only cast. Unfortunately for players living outside of Montreal, many inferior skates built almost in the shape of the Lunn's, have been forced upon them in their ignorance of the genuine article.

The hockey skate should be just high enough to prevent the plate or the sole of the boot from touching the ice when turning or cutting corners, because a low skate is not so straining on the ankle as a high one. The blade should be long enough and sufficiently flat on the ice to admit of great speed, but should not project at the toe or heel so much as to trip the skater on any occasion, and should be curved slightly in front and behind, in order to allow of quick turning. Although it should be so pointed as to enable a player to begin a rush by running on the toes, these should not have a distinct, projecting point, but should be so shaped that they will admit of this start, because


text:
Page:United States Statutes at Large Volume 91.djvu/786

 91 STAT. 752

42 USC 7521. Waiver, application.

Standards, regulations.

Limitation.

Decision. Hearing.

Waiver, petition. Notice and hearing.

PUBLIC LAW 95-95—AUG. 7, 1977 model year 1976 was less than three hundred thousand light-duty motor vehicles worldwide if the Administrator determines that— "(i) the ability of such manufacturer to meet emission standards in the 1975 and subsequent model years was, and is, primarily dependent upon technology developed by United States manufacturers and purchased from such manufacturers; and "(ii) such manufacturer lacks the financial resources and technological ability to develop such technology.", (c) Section 202(b) of such Act is amended by striking out paragraph (5) thereof and substituting the following: "(5)(A) At any time after August 31, 1978, any manufacturer may file an application requesting the waiver for model years 1981 and 1982 of the effective date of the emission standard required by paragraph (1)(A) for carbon monoxide applicable to any model (as determined by the Administration) of light-duty motor vehicles and engines manufactured in such model years. The Administrator shall make his determination with respect to any such application within sixty days after such application is filed with respect to such model. If he determines, in accordance with the provisions of this paragraph, that such waiver should be granted, he shall simultaneously with such determination prescribe by regulsktion emission standards which shall apply (in lieu of the standards required to be prescribed by paragraph (1)(A) of this subsection) to emissions of carbon monoxide from such model of vehicles or engines manufactured during model years 1981 and 1982. "(B) Any standards prescribed under this paragraph shall not permit emissions of carbon monoxide from vehicles and engines to which such waiver applies to exceed 7.0 grams per vehicle per mile. "(C) Within sixty days after receipt of the application for any such waiver and after public hearing, the Administrator shall issue a decision granting or refusing such waiver. The Administrator may grant such waiver if he finds that protection of the public health does not require attainment of such 90 percent reduction for carbon monoxide for the model years to which such waiver applies in the case of such vehicles and engines and if he determines that— "(i) such waiver is essential to the public interest or the public health and welfare of the United States; " (ii) all good faith efforts have been made to meet the standards established by this subsection; "(iii) the applicant has established that effective control technology, processes, operating methods, or other alternatives are not available or have not been available with respect to the model in question for a sufficient period of time to achieve compliance prior to the effective date of such standards, taking into consideration costs, driveability, and fuel economy; and "(iv) studies and investigations of the National Academy of Sciences conducted pursuant to subsection (c) and other information available to him has not indicated that technology, processes, or other alternatives are available (within the meaning of clause (iii)) to meet such standards. "(6)(A) Upon the petition of any manufacturer, the Administrator, after notice and opportunity for public hearing, may waive the standard required under subparagraph (B) of paragraph (1) to not exceed 1.5 grams of oxides of nitrogen per vehicle mile for any class or category of light-duty vehicles or engines manufactured by such manufacturer during any period of up to four model years beginning

�


text:
Page:United States Statutes at Large Volume 91.djvu/787

 PUBLIC LAW 95-95—AUG. 7, 1977 after the model year 1980 if the manufacturer demonstrates that such waiver is necessary to permit the use of an innovative power train technology, or innovative emission control device or system, in such class or category of vehicles or engines and that such technology or system was not utilized by more than 1 percent of the light-duty vehicles sold in the United States in the 1975 model year. Such waiver may be granted only if the Administrator determines— "(i) that such waiver would not endanger public health, "(ii) that there is a substantial likelihood that the vehicles or engines will be able to comply with the applicable standard under this section at the expiration of the waiver, and "(iii) that the technology or system has a potential for longterm air quality benefit and has the potential to meet or exceed the average fuel economy standard applicable under the Energy Policy and Conservation Act upon the expiration of the waiver. No waiver under this subparagraph granted to any manufacturer shall apply to more than 5 percent of such manufacturer's production or more than fifty thousand vehicles or engines, whichever is greater. "(B) Upon the petition of any manufacturer, the Administrator, after notice and opportunity for public hearing, may waive the standard required under subparagraph (B) of paragraph (1) to not to exceed 1.5 grams of oxides of nitrogen per vehicle mile for any class or category of light-duty vehicles and engines manufactured by such manufacturer during the four model year period beginning with the model year 1981 if the manufacturer can show that such waiver is necessary to permit the use of diesel engine technology in such class or category of vehicles or engines. Such waiver may be granted if the Administrator determines— "(i) that such waiver will not endanger public health, "(ii) that such waiver will result in significant fuel savings at least equal to the fuel economy standard applicable in each year under the Energy Policy and Conservation Act, and "(iii) that the technology has a potential for long-term air quality benefit and has the potential to meet or exceed the average fuel economy standard applicable under the Energy Policy and Conservation Act at the expiration of the waiver.".

91 STAT. 753

42 USC 6201 note. Applicability. Waiver, petition. Notice and hearing.

 * V. i t ' i U:

STUDIES AND RESEARCH OBJECTIVE FOR OXIDES OF NITROGEN

SEC. 202. (a) The Administrator of the Environmental Protection Agency shall conduct a study of the public health implications of attaining an emission standard on oxides of nitrogen from light duty vehicles of 0.4 gram per vehicle mile, the cost and technological capability of attaining such standard, and the need for such a standard to protect public health or welfare. The Administrator shall submit a report of such study to the Congress, together with recommendations not later than July 1, 1980. (b) Section 202(b) of the Clean Air Act is amended by adding a new paragraph (7) as follows: "(7) The Congress hereby declares and establishes as a research objective, the development of propulsion systems and emission control technology to achieve standards which represent a reduction of at least 90 per centum from the average emissions of oxides of nitrogen actually measured from light duty motor vehicles manufactured in model year 1971 not subject to any Federal or State emission standard

42 USC 7521 note.

Report to Congress, recommendations. Ante, p. 752.

�