18 



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 Stcte any authority he hsis under this chap- 

 ter to implement and enforce such standards (ex- 

 cept with respect to new sources owned or operated 

 by the United States) . 



(2) Nothing in this subsection shall prohibit the 

 Administrator from enforcing any applicable stand- 

 ard of performance under this section. 



(d) Emission standards for any existing source for any 

 air pollutant; submission of State plan to Admin- 



' istrator establishing, implementing and enforcing 

 standards ; authority of Administrator to prescribe 

 State plan; authority of Administrator to enforce 

 State plan; procedure. 



(1) The Administrator shall prescribe regulations 

 which shall establish a procedure similar to that 

 provided by section 1857c-5 of this title under which 

 ea«h State shall submit to the Administrator a plan 

 which (A) establishes emission standards for any 

 existing source for any air pollutant (1) for which 

 air quality criteria have not been issued or which 

 is not Included on a list published under section 

 1857c-3(a) or 1857c-7(b) (1) (A) of this title but (11) 

 to which a standard of performance under subsec- 

 tion (b) of this section would aijply if such existing 

 source were a new source, and (B) provides for the 

 implementation and enforcement of such emission 

 standards. 



(2) The Administrator shall have the same au- 

 thority — 



(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 1857c-5(c) of this 

 title in the case of failure to submit an implemen- 

 tation plan, and 



(B> to enforce the provisions of such plan in 

 cases where the State falls to enforce them as he 

 would have under sections 1857c-8 and I857c-9 

 of this title with respect to an implementation 

 plan. 



(e) Prohibited acts. 



After the effective date of standards of perform- 

 ance promulgated under this section, it shall be un- 

 lawful for any owner or operator of any new source 

 to operate such source in violation of any standard 

 of performance applicable to such source. (July 14, 

 1955, ch. 360, title I, § 111, as added Dec. 31, 1970. 

 Pub. L. 91-604, § 4(a), 84 SUt. 1683.) 

 (As amended Nov. 18, 1971, Pub. I.. 92-157, title HI, 

 § 302(f), 85 Stat. 464.) 



Amendments 

 1971— Subsec. (b) (1) (B). Pub. L. 93-187 BUibetltuted in 

 Orst sentence "publish proposed" for "propose". 



§ 1857C-7. National emission standards for hazaiidoug 

 air pollutants. ' 



(a) Definitions. 

 For purposes of this section — 



(1) The term "hazardous air p>ollutant" means 

 an air pollutant to which no ambient air quaUty 

 standard is applicable and which in the judgment 

 of the Administrator may cause, or contribute 

 to. an increase In mortality or an increase in seri- 

 ous irreversible, or Incapacitating reversible. 

 Illness. 



(2) The term "new source" means a stationary 

 .source the construction or modification of which 

 is commenced after the Administrator proposes 

 regulations under this section establishing an 

 emission standard which will be ai>plicable to such 

 source. 



(3) The terms "stationary source", "modifica- 

 tion", "owner or operator" and "existing source" 

 shall have the same meaning as such terms have 

 under section 1857c-6(a) of this title. 



(b) Publication and revision by Administrator of 

 list of hazardous air pollutants; inclusion of air 

 pollutant in list; proposal of regulations by Admin- 

 trator establishing standards for pollutant; estab- 

 lishment of standards; standards effective upon 

 promulgation; issuance of information on pollu- 

 tion control techniques. 



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

 after December 31, 1970, publish (and shall from 

 time to time thereafter revise) a list which includes 

 each hazardous air pollutant for which he intends 

 to establish an emission standard under this section. 



(B) Within 180 days after the inclusion of any 

 air pollutant in such list, the Administrator shall 

 publish proposed regulations establishing emission 

 stB'.idards for such pollutant together with a notice 

 of a public hearing within thirty days. Not later 

 than 180 days after such publication, the Adminis- 

 trator shall prescribe an emission standard for such 

 pollutant, unless he finds, on the basis of informa- 

 tion presented at such hearings, that such pollutant 

 clearly is not a hazardous air pollutant. The Ad- 

 ministrator shall establish any such standard at the 

 level which in his judgment provides an ample mar- 

 gin of safety to protect the public health from such 

 hazardous air pollutant. 



(C) Any emission standard established pursuant 

 to this section shall become effective upon promul- 

 gation. 



(2) The Administrator shall, from time to time, 

 issue information on pollution control techniques 

 for air pollutant subject to the provisions of this 

 section. 



(c) {Prohibited acts; exemption by President for any 

 stationary source; duration and extension of ex- 

 emption; report to Congress. 



( 1 ) After the effective date of any emission stand- 

 ard under this section — 



(A) no person may construct any new source or 

 modify any existing source which in the Admin- 

 istrator's judgment, will emit an air pollutant to 

 which such standard applies unless the Admin- 

 istrator finds that such source If properly operated 

 will not cause emissions in violation of such 

 standard, and 



(B) no air pollutant to which such standard 

 applies may be emitted from any stationary source 

 In violation of such standard, except that In the 

 case of an existing source — 



(I) such standard shall not apply imtU 90 

 days after its effective date, and 



(II) the Administrator may grant a waiver 

 permitting such source a period of up to two 

 years after the effective date of a standard to 

 comply with the standard, if he finds that such 

 period is necessary for the installation at con- 



