
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7411]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
              Part A--Air Quality and Emission Limitations
 
Sec. 7411. Standards of performance for new stationary sources


(a) Definitions

    For purposes of this section:
        (1) The term ``standard of performance'' means a standard for 
    emissions of air pollutants which reflects the degree of emission 
    limitation achievable through the application of the best system of 
    emission reduction which (taking into account the cost of achieving 
    such reduction and any nonair quality health and environmental 
    impact and energy requirements) the Administrator determines has 
    been adequately demonstrated.
        (2) The term ``new source'' means any stationary source, the 
    construction or modification of which is commenced after the 
    publication of regulations (or, if earlier, proposed regulations) 
    prescribing a standard of performance under this section which will 
    be applicable to such source.
        (3) The term ``stationary source'' means any building, 
    structure, facility, or installation which emits or may emit any air 
    pollutant. Nothing in subchapter II of this chapter relating to 
    nonroad engines shall be construed to apply to stationary internal 
    combustion engines.
        (4) The term ``modification'' means any physical change in, or 
    change in the method of operation of, a stationary source which 
    increases the amount of any air pollutant emitted by such source or 
    which results in the emission of any air pollutant not previously 
    emitted.
        (5) The term ``owner or operator'' means any person who owns, 
    leases, operates, controls, or supervises a stationary source.
        (6) The term ``existing source'' means any stationary source 
    other than a new source.
        (7) The term ``technological system of continuous emission 
    reduction'' means--
            (A) a technological process for production or operation by 
        any source which is inherently low-polluting or nonpolluting, or
            (B) a technological system for continuous reduction of the 
        pollution generated by a source before such pollution is emitted 
        into the ambient air, including precombustion cleaning or 
        treatment of fuels.

        (8) A conversion to coal (A) by reason of an order under section 
    2(a) of the Energy Supply and Environmental Coordination Act of 1974 
    [15 U.S.C. 792(a)] or any amendment thereto, or any subsequent 
    enactment which supersedes such Act [15 U.S.C. 791 et seq.], or (B) 
    which qualifies under section 7413(d)(5)(A)(ii) \1\ of this title, 
    shall not be deemed to be a modification for purposes of paragraphs 
    (2) and (4) of this subsection.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

(b) List of categories of stationary sources; standards of performance; 
        information on pollution control techniques; sources owned or 
        operated by United States; particular systems; revised standards

    (1)(A) The Administrator shall, within 90 days after December 31, 
1970, publish (and from time to time thereafter shall revise) a list of 
categories of stationary sources. He shall include a category of sources 
in such list if in his judgment it causes, or contributes significantly 
to, air pollution which may reasonably be anticipated to endanger public 
health or welfare.
    (B) Within one year after the inclusion of a category of stationary 
sources in a list under subparagraph (A), the Administrator shall 
publish proposed regulations, establishing Federal standards of 
performance for new sources within such category. The Administrator 
shall afford interested persons an opportunity for written comment on 
such proposed regulations. After considering such comments, he shall 
promulgate, within one year after such publication, such standards with 
such modifications as he deems appropriate. The Administrator shall, at 
least every 8 years, review and, if appropriate, revise such standards 
following the procedure required by this subsection for promulgation of 
such standards. Notwithstanding the requirements of the previous 
sentence, the Administrator need not review any such standard if the 
Administrator determines that such review is not appropriate in light of 
readily available information on the efficacy of such standard. 
Standards of performance or revisions thereof shall become effective 
upon promulgation. When implementation and enforcement of any 
requirement of this chapter indicate that emission limitations and 
percent reductions beyond those required by the standards promulgated 
under this section are achieved in practice, the Administrator shall, 
when revising standards promulgated under this section, consider the 
emission limitations and percent reductions achieved in practice.
    (2) The Administrator may distinguish among classes, types, and 
sizes within categories of new sources for the purpose of establishing 
such standards.
    (3) The Administrator shall, from time to time, issue information on 
pollution control techniques for categories of new sources and air 
pollutants subject to the provisions of this section.
    (4) The provisions of this section shall apply to any new source 
owned or operated by the United States.
    (5) Except as otherwise authorized under subsection (h) of this 
section, nothing in this section shall be construed to require, or to 
authorize the Administrator to require, any new or modified source to 
install and operate any particular technological system of continuous 
emission reduction to comply with any new source standard of 
performance.
    (6) The revised standards of performance required by enactment of 
subsection (a)(1)(A)(i) and (ii) \1\ of this section shall be 
promulgated not later than one year after August 7, 1977. Any new or 
modified fossil fuel fired stationary source which commences 
construction prior to the date of publication of the proposed revised 
standards shall not be required to comply with such revised standards.

(c) State implementation and enforcement of standards of performance

    (1) Each State may develop and submit to the Administrator a 
procedure for implementing and enforcing standards of performance for 
new sources located in such State. If the Administrator finds the State 
procedure is adequate, he shall delegate to such State any authority he 
has under this chapter to implement and enforce such standards.
    (2) Nothing in this subsection shall prohibit the Administrator from 
enforcing any applicable standard of performance under this section.

(d) Standards of performance for existing sources; remaining useful life 
        of source

    (1) The Administrator shall prescribe regulations which shall 
establish a procedure similar to that provided by section 7410 of this 
title under which each State shall submit to the Administrator a plan 
which (A) establishes standards of performance for any existing source 
for any air pollutant (i) for which air quality criteria have not been 
issued or which is not included on a list published under section 
7408(a) of this title or emitted from a source category which is 
regulated under section 7412 of this title but (ii) to which a standard 
of performance under this section would apply if such existing source 
were a new source, and (B) provides for the implementation and 
enforcement of such standards of performance. Regulations of the 
Administrator under this paragraph shall permit the State in applying a 
standard of performance to any particular source under a plan submitted 
under this paragraph to take into consideration, among other factors, 
the remaining useful life of the existing source to which such standard 
applies.
    (2) The Administrator shall have the same authority--
        (A) to prescribe a plan for a State in cases where the State 
    fails to submit a satisfactory plan as he would have under section 
    7410(c) of this title in the case of failure to submit an 
    implementation plan, and
        (B) to enforce the provisions of such plan in cases where the 
    State fails to enforce them as he would have under sections 7413 and 
    7414 of this title with respect to an implementation plan.

In promulgating a standard of performance under a plan prescribed under 
this paragraph, the Administrator shall take into consideration, among 
other factors, remaining useful lives of the sources in the category of 
sources to which such standard applies.

(e) Prohibited acts

    After the effective date of standards of performance promulgated 
under this section, it shall be unlawful for any owner or operator of 
any new source to operate such source in violation of any standard of 
performance applicable to such source.

(f) New source standards of performance

    (1) For those categories of major stationary sources that the 
Administrator listed under subsection (b)(1)(A) of this section before 
November 15, 1990, and for which regulations had not been proposed by 
the Administrator by November 15, 1990, the Administrator shall--
        (A) propose regulations establishing standards of performance 
    for at least 25 percent of such categories of sources within 2 years 
    after November 15, 1990;
        (B) propose regulations establishing standards of performance 
    for at least 50 percent of such categories of sources within 4 years 
    after November 15, 1990; and
        (C) propose regulations for the remaining categories of sources 
    within 6 years after November 15, 1990.

    (2) In determining priorities for promulgating standards for 
categories of major stationary sources for the purpose of paragraph (1), 
the Administrator shall consider--
        (A) the quantity of air pollutant emissions which each such 
    category will emit, or will be designed to emit;
        (B) the extent to which each such pollutant may reasonably be 
    anticipated to endanger public health or welfare; and
        (C) the mobility and competitive nature of each such category of 
    sources and the consequent need for nationally applicable new source 
    standards of performance.

    (3) Before promulgating any regulations under this subsection or 
listing any category of major stationary sources as required under this 
subsection, the Administrator shall consult with appropriate 
representatives of the Governors and of State air pollution control 
agencies.

(g) Revision of regulations

    (1) Upon application by the Governor of a State showing that the 
Administrator has failed to specify in regulations under subsection 
(f)(1) of this section any category of major stationary sources required 
to be specified under such regulations, the Administrator shall revise 
such regulations to specify any such category.
    (2) Upon application of the Governor of a State, showing that any 
category of stationary sources which is not included in the list under 
subsection (b)(1)(A) of this section contributes significantly to air 
pollution which may reasonably be anticipated to endanger public health 
or welfare (notwithstanding that such category is not a category of 
major stationary sources), the Administrator shall revise such 
regulations to specify such category of stationary sources.
    (3) Upon application of the Governor of a State showing that the 
Administrator has failed to apply properly the criteria required to be 
considered under subsection (f)(2) of this section, the Administrator 
shall revise the list under subsection (b)(1)(A) of this section to 
apply properly such criteria.
    (4) Upon application of the Governor of a State showing that--
        (A) a new, innovative, or improved technology or process which 
    achieves greater continuous emission reduction has been adequately 
    demonstrated for any category of stationary sources, and
        (B) as a result of such technology or process, the new source 
    standard of performance in effect under this section for such 
    category no longer reflects the greatest degree of emission 
    limitation achievable through application of the best technological 
    system of continuous emission reduction which (taking into 
    consideration the cost of achieving such emission reduction, and any 
    non-air quality health and environmental impact and energy 
    requirements) has been adequately demonstrated,

the Administrator shall revise such standard of performance for such 
category accordingly.
    (5) Unless later deadlines for action of the Administrator are 
otherwise prescribed under this section, the Administrator shall, not 
later than three months following the date of receipt of any application 
by a Governor of a State, either--
        (A) find that such application does not contain the requisite 
    showing and deny such application, or
        (B) grant such application and take the action required under 
    this subsection.

    (6) Before taking any action required by subsection (f) of this 
section or by this subsection, the Administrator shall provide notice 
and opportunity for public hearing.

(h) Design, equipment, work practice, or operational standard; 
        alternative emission limitation

    (1) For purposes of this section, if in the judgment of the 
Administrator, it is not feasible to prescribe or enforce a standard of 
performance, he may instead promulgate a design, equipment, work 
practice, or operational standard, or combination thereof, which 
reflects the best technological system of continuous emission reduction 
which (taking into consideration the cost of achieving such emission 
reduction, and any non-air quality health and environmental impact and 
energy requirements) the Administrator determines has been adequately 
demonstrated. In the event the Administrator promulgates a design or 
equipment standard under this subsection, he shall include as part of 
such standard such requirements as will assure the proper operation and 
maintenance of any such element of design or equipment.
    (2) For the purpose of this subsection, the phrase ``not feasible to 
prescribe or enforce a standard of performance'' means any situation in 
which the Administrator determines that (A) a pollutant or pollutants 
cannot be emitted through a conveyance designed and constructed to emit 
or capture such pollutant, or that any requirement for, or use of, such 
a conveyance would be inconsistent with any Federal, State, or local 
law, or (B) the application of measurement methodology to a particular 
class of sources is not practicable due to technological or economic 
limitations.
    (3) If after notice and opportunity for public hearing, any person 
establishes to the satisfaction of the Administrator that an alternative 
means of emission limitation will achieve a reduction in emissions of 
any air pollutant at least equivalent to the reduction in emissions of 
such air pollutant achieved under the requirements of paragraph (1), the 
Administrator shall permit the use of such alternative by the source for 
purposes of compliance with this section with respect to such pollutant.
    (4) Any standard promulgated under paragraph (1) shall be 
promulgated in terms of standard of performance whenever it becomes 
feasible to promulgate and enforce such standard in such terms.
    (5) Any design, equipment, work practice, or operational standard, 
or any combination thereof, described in this subsection shall be 
treated as a standard of performance for purposes of the provisions of 
this chapter (other than the provisions of subsection (a) of this 
section and this subsection).

(i) Country elevators

    Any regulations promulgated by the Administrator under this section 
applicable to grain elevators shall not apply to country elevators (as 
defined by the Administrator) which have a storage capacity of less than 
two million five hundred thousand bushels.

(j) Innovative technological systems of continuous emission reduction

    (1)(A) Any person proposing to own or operate a new source may 
request the Administrator for one or more waivers from the requirements 
of this section for such source or any portion thereof with respect to 
any air pollutant to encourage the use of an innovative technological 
system or systems of continuous emission reduction. The Administrator 
may, with the consent of the Governor of the State in which the source 
is to be located, grant a waiver under this paragraph, if the 
Administrator determines after notice and opportunity for public 
hearing, that--
        (i) the proposed system or systems have not been adequately 
    demonstrated,
        (ii) the proposed system or systems will operate effectively and 
    there is a substantial likelihood that such system or systems will 
    achieve greater continuous emission reduction than that required to 
    be achieved under the standards of performance which would otherwise 
    apply, or achieve at least an equivalent reduction at lower cost in 
    terms of energy, economic, or nonair quality environmental impact,
        (iii) the owner or operator of the proposed source has 
    demonstrated to the satisfaction of the Administrator that the 
    proposed system will not cause or contribute to an unreasonable risk 
    to public health, welfare, or safety in its operation, function, or 
    malfunction, and
        (iv) the granting of such waiver is consistent with the 
    requirements of subparagraph (C).

In making any determination under clause (ii), the Administrator shall 
take into account any previous failure of such system or systems to 
operate effectively or to meet any requirement of the new source 
performance standards. In determining whether an unreasonable risk 
exists under clause (iii), the Administrator shall consider, among other 
factors, whether and to what extent the use of the proposed 
technological system will cause, increase, reduce, or eliminate 
emissions of any unregulated pollutants; available methods for reducing 
or eliminating any risk to public health, welfare, or safety which may 
be associated with the use of such system; and the availability of other 
technological systems which may be used to conform to standards under 
this section without causing or contributing to such unreasonable risk. 
The Administrator may conduct such tests and may require the owner or 
operator of the proposed source to conduct such tests and provide such 
information as is necessary to carry out clause (iii) of this 
subparagraph. Such requirements shall include a requirement for prompt 
reporting of the emission of any unregulated pollutant from a system if 
such pollutant was not emitted, or was emitted in significantly lesser 
amounts without use of such system.
    (B) A waiver under this paragraph shall be granted on such terms and 
conditions as the Administrator determines to be necessary to assure--
        (i) emissions from the source will not prevent attainment and 
    maintenance of any national ambient air quality standards, and
        (ii) proper functioning of the technological system or systems 
    authorized.

Any such term or condition shall be treated as a standard of performance 
for the purposes of subsection (e) of this section and section 7413 of 
this title.
    (C) The number of waivers granted under this paragraph with respect 
to a proposed technological system of continuous emission reduction 
shall not exceed such number as the Administrator finds necessary to 
ascertain whether or not such system will achieve the conditions 
specified in clauses (ii) and (iii) of subparagraph (A).
    (D) A waiver under this paragraph shall extend to the sooner of--
        (i) the date determined by the Administrator, after consultation 
    with the owner or operator of the source, taking into consideration 
    the design, installation, and capital cost of the technological 
    system or systems being used, or
        (ii) the date on which the Administrator determines that such 
    system has failed to--
            (I) achieve at least an equivalent continuous emission 
        reduction to that required to be achieved under the standards of 
        performance which would otherwise apply, or
            (II) comply with the condition specified in paragraph 
        (1)(A)(iii),

    and that such failure cannot be corrected.

    (E) In carrying out subparagraph (D)(i), the Administrator shall not 
permit any waiver for a source or portion thereof to extend beyond the 
date--
        (i) seven years after the date on which any waiver is granted to 
    such source or portion thereof, or
        (ii) four years after the date on which such source or portion 
    thereof commences operation,

whichever is earlier.
    (F) No waiver under this subsection shall apply to any portion of a 
source other than the portion on which the innovative technological 
system or systems of continuous emission reduction is used.
    (2)(A) If a waiver under paragraph (1) is terminated under clause 
(ii) of paragraph (1)(D), the Administrator shall grant an extension of 
the requirements of this section for such source for such minimum period 
as may be necessary to comply with the applicable standard of 
performance under this section. Such period shall not extend beyond the 
date three years from the time such waiver is terminated.
    (B) An extension granted under this paragraph shall set forth 
emission limits and a compliance schedule containing increments of 
progress which require compliance with the applicable standards of 
performance as expeditiously as practicable and include such measures as 
are necessary and practicable in the interim to minimize emissions. Such 
schedule shall be treated as a standard of performance for purposes of 
subsection (e) of this section and section 7413 of this title.

(July 14, 1955, ch. 360, title I, Sec. 111, as added Pub. L. 91-604, 
Sec. 4(a), Dec. 31, 1970, 84 Stat. 1683; amended Pub. L. 92-157, title 
III, Sec. 302(f), Nov. 18, 1971, 85 Stat. 464; Pub. L. 95-95, title I, 
Sec. 109(a)-(d)(1), (e), (f), title IV, Sec. 401(b), Aug. 7, 1977, 91 
Stat. 697-703, 791; Pub. L. 95-190, Sec. 14(a)(7)-(9), Nov. 16, 1977, 91 
Stat. 1399; Pub. L. 95-623, Sec. 13(a), Nov. 9, 1978, 92 Stat. 3457; 
Pub. L. 101-549, title I, Sec. 108(e)-(g), title III, Sec. 302(a), (b), 
title IV, Sec. 403(a), Nov. 15, 1990, 104 Stat. 2467, 2574, 2631.)

                       References in Text

    Such Act, referred to in subsec. (a)(8), means Pub. L. 93-319, June 
22, 1974, 88 Stat. 246, as amended, known as the Energy Supply and 
Environmental Coordination Act of 1974, which is classified principally 
to chapter 16C (Sec. 791 et seq.) of Title 15, Commerce and Trade. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 791 of Title 15 and Tables.
    Section 7413 of this title, referred to in subsec. (a)(8), was 
amended generally by Pub. L. 101-549, title VII, Sec. 701, Nov. 15, 
1990, 104 Stat. 2672, and, as so amended, subsec. (d) of section 7413 no 
longer relates to final compliance orders.
    Subsection (a)(1) of this section, referred to in subsec. (b)(6), 
was amended generally by Pub. L. 101-549, title VII, Sec. 403(a), Nov. 
15, 1990, 104 Stat. 2631, and, as so amended, no longer contains 
subpars.

                          Codification

    Section was formerly classified to section 1857c-6 of this title.


                            Prior Provisions

    A prior section 111 of act July 14, 1955, was renumbered section 118 
by Pub. L. 91-604 and is classified to section 7418 of this title.


                               Amendments

    1990--Subsec. (a)(1). Pub. L. 101-549, Sec. 403(a), amended par. (1) 
generally, substituting provisions defining ``standard of performance'' 
with respect to any air pollutant for provisions defining such term with 
respect to subsec. (b) fossil fuel fired and other stationary sources 
and subsec. (d) particular sources.
    Subsec. (a)(3). Pub. L. 101-549, Sec. 108(f), inserted at end 
``Nothing in subchapter II of this chapter relating to nonroad engines 
shall be construed to apply to stationary internal combustion engines.''
    Subsec. (b)(1)(B). Pub. L. 101-549, Sec. 108(e)(1), substituted 
``Within one year'' for ``Within 120 days'', ``within one year'' for 
``within 90 days'', and ``every 8 years'' for ``every four years'', 
inserted before last sentence ``Notwithstanding the requirements of the 
previous sentence, the Administrator need not review any such standard 
if the Administrator determines that such review is not appropriate in 
light of readily available information on the efficacy of such 
standard.'', and inserted at end ``When implementation and enforcement 
of any requirement of this chapter indicate that emission limitations 
and percent reductions beyond those required by the standards 
promulgated under this section are achieved in practice, the 
Administrator shall, when revising standards promulgated under this 
section, consider the emission limitations and percent reductions 
achieved in practice.''
    Subsec. (d)(1)(A)(i). Pub. L. 101-549, Sec. 302(a), which directed 
the substitution of ``7412(b)'' for ``7412(b)(1)(A)'', could not be 
executed, because of the prior amendment by Pub. L. 101-549, 
Sec. 108(g), see below.
    Pub. L. 101-549, Sec. 108(g), substituted ``or emitted from a source 
category which is regulated under section 7412 of this title'' for ``or 
7412(b)(1)(A)''.
    Subsec. (f)(1). Pub. L. 101-549, Sec. 108(e)(2), amended par. (1) 
generally, substituting present provisions for provisions requiring the 
Administrator to promulgate regulations listing the categories of major 
stationary sources not on the required list by Aug. 7, 1977, and 
regulations establishing standards of performance for such categories.
    Subsec. (g)(5) to (8). Pub. L. 101-549, Sec. 302(b), redesignated 
par. (7) as (5) and struck out ``or section 7412 of this title'' after 
``this section'', redesignated par. (8) as (6), and struck out former 
pars. (5) and (6) which read as follows:
    ``(5) Upon application by the Governor of a State showing that the 
Administrator has failed to list any air pollutant which causes, or 
contributes to, air pollution which may reasonably be anticipated to 
result in an increase in mortality or an increase in serious 
irreversible, or incapacitating reversible, illness as a hazardous air 
pollutant under section 7412 of this title the Administrator shall 
revise the list of hazardous air pollutants under such section to 
include such pollutant.
    ``(6) Upon application by the Governor of a State showing that any 
category of stationary sources of a hazardous air pollutant listed under 
section 7412 of this title is not subject to emission standards under 
such section, the Administrator shall propose and promulgate such 
emission standards applicable to such category of sources.''
    1978--Subsecs. (d)(1)(A)(ii), (g)(4)(B). Pub. L. 95-623, 
Sec. 13(a)(2), substituted ``under this section'' for ``under subsection 
(b) of this section''.
    Subsec. (h)(5). Pub. L. 95-623, Sec. 13(a)(1), added par. (5).
    Subsec. (j). Pub. L. 95-623, Sec. 13(a)(3), substituted in pars. 
(1)(A) and (2)(A) ``standards under this section'' and ``under this 
section'' for ``standards under subsection (b) of this section'' and 
``under subsection (b) of this section'', respectively.
    1977--Subsec. (a)(1). Pub. L. 95-95, Sec. 109(c)(1)(A), added 
subpars. (A), (B), and (C), substituted ``For the purpose of 
subparagraphs (A)(i) and (ii) and (B), a standard of performance shall 
reflect'' for ``a standard for emissions of air pollutants which 
reflects'', ``and the percentage reduction achievable'' for 
``achievable'', and ``technological system of continuous emission 
reduction which (taking into consideration the cost of achieving such 
emission reduction, and any nonair quality health and environment impact 
and energy requirements)'' for ``system of emission reduction which 
(taking into account the cost of achieving such reduction)'' in existing 
provisions, and inserted provision that, for the purpose of subparagraph 
(1)(A)(ii), any cleaning of the fuel or reduction in the pollution 
characteristics of the fuel after extraction and prior to combustion may 
be credited, as determined under regulations promulgated by the 
Administrator, to a source which burns such fuel.
    Subsec. (a)(7). Pub. L. 95-95, Sec. 109(c)(1)(B), added par. (7) 
defining ``technological system of continuous emission reduction''.
    Pub. L. 95-95, Sec. 109(f), added par. (7) directing that under 
certain circumstances a conversion to coal not be deemed a modification 
for purposes of pars. (2) and (4).
    Subsec. (a)(7), (8). Pub. L. 95-190, Sec. 14(a)(7), redesignated 
second par. (7) as (8).
    Subsec. (b)(1)(A). Pub. L. 95-95, Sec. 401(b), substituted ``such 
list if in his judgment it causes, or contributes significantly to, air 
pollution which may reasonably be anticipated to endanger'' for ``such 
list if he determines it may contribute significantly to air pollution 
which causes or contributes to the endangerment of''.
    Subsec. (b)(1)(B). Pub. L. 95-95, Sec. 109(c)(2), substituted 
``shall, at least every four years, review and, if appropriate,'' for 
``may, from time to time,''.
    Subsec. (b)(5), (6). Pub. L. 95-95, Sec. 109(c)(3), added pars. (5) 
and (6).
    Subsec. (c)(1). Pub. L. 95-95, Sec. 109(d)(1), struck out ``(except 
with respect to new sources owned or operated by the United States)'' 
after ``implement and enforce such standards''.
    Subsec. (d)(1). Pub. L. 95-95, Sec. 109(b)(1), substituted 
``standards of performance'' for ``emission standards'' and inserted 
provisions directing that regulations of the Administrator permit the 
State, in applying a standard of performance to any particular source 
under a submitted plan, to take into consideration, among other factors, 
the remaining useful life of the existing source to which the standard 
applies.
    Subsec. (d)(2). Pub. L. 95-95, Sec. 109(b)(2), provided that, in 
promulgating a standard of performance under a plan, the Administrator 
take into consideration, among other factors, the remaining useful lives 
of the sources in the category of sources to which the standard applies.
    Subsecs. (f) to (i). Pub. L. 95-95, Sec. 109(a), added subsecs. (f) 
to (i).
    Subsecs. (j), (k). Pub. L. 95-190, Sec. 14(a)(8), (9), redesignated 
subsec. (k) as (j) and, as so redesignated, substituted ``(B)'' for 
``(8)'' as designation for second subpar. in par. (2). Former subsec. 
(j), added by Pub. L. 95-95, Sec. 109(e), which related to compliance 
with applicable standards of performance, was struck out.
    Pub. L. 95-95, Sec. 109(e), added subsec. (k).
    1971--Subsec. (b)(1)(B). Pub. L. 92-157 substituted in first 
sentence ``publish proposed'' for ``propose''.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as 
otherwise expressly provided, see section 406(d) of Pub. L. 95-95, set 
out as a note under section 7401 of this title.


                               Regulations

    Section 403(b), (c) of Pub. L. 101-549 provided that:
    ``(b) Revised Regulations.--Not later than three years after the 
date of enactment of the Clean Air Act Amendments of 1990 [Nov. 15, 
1990], the Administrator shall promulgate revised regulations for 
standards of performance for new fossil fuel fired electric utility 
units commencing construction after the date on which such regulations 
are proposed that, at a minimum, require any source subject to such 
revised standards to emit sulfur dioxide at a rate not greater than 
would have resulted from compliance by such source with the applicable 
standards of performance under this section [amending sections 7411 and 
7479 of this title] prior to such revision.
    ``(c) Applicability.--The provisions of subsections (a) [amending 
this section] and (b) apply only so long as the provisions of section 
403(e) of the Clean Air Act [42 U.S.C. 7651b(e)] remain in effect.''

                          Transfer of Functions

    Enforcement functions of Administrator or other official in 
Environmental Protection Agency related to compliance with new source 
performance standards under this section with respect to pre-
construction, construction, and initial operation of transportation 
system for Canadian and Alaskan natural gas transferred to Federal 
Inspector, Office of Federal Inspector for the Alaska Natural Gas 
Transportation System, until first anniversary of date of initial 
operation of Alaska Natural Gas Transportation System, see Reorg. Plan 
No. 1 of 1979, eff. July 1, 1979, Secs. 102(a), 203(a), 44 F.R. 33663, 
33666, 93 Stat. 1373, 1376, set out in the Appendix to Title 5, 
Government Organization and Employees. Office of Federal Inspector for 
the Alaska Natural Gas Transportation System abolished and functions and 
authority vested in Inspector transferred to Secretary of Energy by 
section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of 
Federal Inspector note under section 719e of Title 15, Commerce and 
Trade.


                     Pending Actions and Proceedings

    Suits, actions, and other proceedings lawfully commenced by or 
against the Administrator or any other officer or employee of the United 
States in his official capacity or in relation to the discharge of his 
official duties under act July 14, 1955, the Clean Air Act, as in effect 
immediately prior to the enactment of Pub. L. 95-95 [Aug. 7, 1977], not 
to abate by reason of the taking effect of Pub. L. 95-95, see section 
406(a) of Pub. L. 95-95, set out as an Effective Date of 1977 Amendment 
note under section 7401 of this title.


       Modification or Rescission of Rules, Regulations, Orders, 
Determinations, Contracts, Certifications, Authorizations, Delegations, 
                            and Other Actions

    All rules, regulations, orders, determinations, contracts, 
certifications, authorizations, delegations, or other actions duly 
issued, made, or taken by or pursuant to act July 14, 1955, the Clean 
Air Act, as in effect immediately prior to the date of enactment of Pub. 
L. 95-95 [Aug. 7, 1977] to continue in full force and effect until 
modified or rescinded in accordance with act July 14, 1955, as amended 
by Pub. L. 95-95 [this chapter], see section 406(b) of Pub. L. 95-95, 
set out as an Effective Date of 1977 Amendment note under section 7401 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 7412, 7413, 7414, 7416, 
7417, 7418, 7420, 7422, 7425, 7429, 7475, 7479, 7501, 7511a, 7511b, 
7550, 7604, 7607, 7608, 7616, 7617, 7625-1, 7627, 7651a, 7651d, 7651f, 
7651h, 7651n, 7661a, 9601 of this title.
