17 



such court Uie record ujxjn which the flnal decision 

 complained of was issued, as provided In section 2112 

 of Title 28. Upon the filing of such petition the court 

 shall have jurisdiction to afBrm or set aside the de- 

 termination complained of in whole or In part. The 

 findings of the Administrator with respect to ques- 

 tions of fact (including each determination made 

 under subparagraphs (A), (Bj. 'Ci. and 'D) of 

 paragraph 1 1) ) shall be sustained if based upon a 

 fair evaluation of the entire record at such hearing. 



'(C) Proceedings before the court under this para- 

 graph shall take precedence over all the other causes 

 of action on the docket and shall be assigned for 

 hearing and decision at the earliest practicable date 

 and expedited in every way. 



(D) Section 1857h-5(a) of this title (relating to 



subpoenas) shall be applicable to any proceeding 



under this subsection. (July 14, 1955, ch. 360. title I, 



§ 110, as added Dec. 31, 1970, Pub. L. 91-604, § 4(a) , 



84SUt. 1680.) 



Savings Provisions 



Section 16 of Pub. L 91-604 provided that: 



"(a) (1) Any Implementation plan adopted by any State 

 and submitted to the Secretary of Health. Education, and 

 Welfare, or to the Administrator pursuant to the Clean 

 Air Act [this chapter) prior to enactment of this Act 

 (Dec. 31. 1970] may be approved under section 110 of the 

 Clean Air Act (this section) (as amended by this Act) 

 (Pub. L. 91-604) and shall remain In effect, unless the 

 Administrator determines that such Implementation plan, 

 or any portion thereof. Is not consistent with applicable 

 requirements of the Clean Air Act |thls chapter) (as 

 amended by this Act) and will not provide for the attain- 

 ment of national primary ambient air quality standards in 

 the time required by such Act If the Administrator so 

 determines, he shall, within 90 days after promulgation 

 of any national ambient air quality standards pursuant 

 to section 109(a) of the Clean Air Act )sectlon 1857c-4(a) 

 of this title), notify the State and specify in what respects 

 changes are needed to meet the additional requirements 

 of such Act, Including requirements to Implement na- 

 tional secondary ambient air quality standards If such 

 changes are not adopted by the State after public hear- 

 ings and within six months after such notification, the 

 Administrator shall promulgate such changes pursuant 

 to section 110(c) of such Act |1857c-5(c) of this title). 



"(2) The amendmenu made by section 4(b) [amending 

 sections 1857b and 1857d of this tlUe) shall not be con- 

 strued as repealing or modifying the powers of the Ad- 

 ministrator with respect to any conference convened 

 under section 108(d) of the Clean Air Act [section 1857d 

 of this title) before the date of enactment of this Act 

 [Dec. 31, 1970). 



"(b) Regulations or standards Issued under this title 

 II of the Clean Air Act [subchapter II of this chapter) 

 prior to the enactment of this Act (Dec 31, 1970) shall 

 continue in effect until revised by the Administrator con- 

 sistent with the purposes of such Act." 



§ 1857C-6. 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 achieva- 

 ble through the application of the best system 

 of emission reduction which (taking into account 

 the cost of achieving such reduction) the Admin- 

 istrator determines has been adequately demon- 

 strated. 



(2) The term "new source" means any sta- 

 tionary 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. 



(4) The term "modification" means any phys- 

 ical change in, or change in the method of opera- 

 tion of, a stationary source which increases the 

 amoimt of any air pollutant emitted by such 

 source or which results in the emission of any air 

 pollutant not previously emitted. 



(5 1 The term "owner or operator" means any 

 person who owns, leases, operates, controls, or 

 supervises a stationary source. 



i6i The term "existing source" means any sta- 

 tionary source other than a new^ source. 



(b) Publication and revision by Administrator of list 

 of categories of stationary sources; inclusion of 

 category in list; proposal of regulations by .admin- 

 istrator establishing standards for new sources 

 within category; promulgation and revision of 

 standards; differentiation within categories of new 

 sources; issuance of information on pollution con- 

 trol techniques; applicability to new sources 

 owned or operated by United States. 



(1)(A) The Administrator shall, within 90 days 

 after December 31. 1970, publish land 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 he determines it may con- 

 tribute significantly to air pollution which causes 

 or contributes to the endangerment of public health 

 or welfare. 



(B) Within 120 days after the Inclusion of a cate- 

 gory of stationary sources In a list under subpara- 

 graph (A) , the Administrator shall publish proposed 

 regulations, establishing Federal standards of per- 

 formance 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 90 days after such publica- 

 tions, such standards with such modifications as he 

 deems ajapropriate. The Administrator may, frcan 

 time to time, revise such standards following the pro- 

 cedure required by this subsection for promulgation 

 of such standards. Standards of performance or revi- 

 sions thereof shall become effective upon promulga- 

 tion. 



(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 sub- 

 ject 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. 



(c) Implementation and enforcement by State; pro- 

 cedure; delegation of authority of .\dmLnistrator 

 to State; enforcement power of Administrator un- 

 affected. 



(1) Each State may develop and submit to the 



