857 



for a certification (hereinafter in this section re- 

 ferred to as a "certification of need") that the 

 amount of such chemical or substance which such 

 person requires to effectively treat such water is not 

 reaisonably avail.ible to him or will not be so available 

 when required for the effective treatment of such 

 water. 



(b) Application requiremen's; publication in Federal 

 Register; waiver; certification, issuance or denial. 



(1) An application for a certification of need shall 

 be in such form and submitted in such manner as the 

 Administrator may require and shall (A) specify the 

 persons the applicant determines are able to provide 

 the chemical or substance with respect to which the 

 application is submitted, (B) specify the persons 

 from whom the applicant has sought such chemic:"! 

 or substance, and iC) contain such other informa- 

 tion as the Administrator may require. 



(2) Upon receipt of an application under this sec- 

 tion, the Administrator shall (A) publish in the Fed- 

 eral Register a notice of the receipt of the applica- 

 tion and a brief summary of it, (B) notify in writing 

 each person whom the President or his delegate 

 (after consultation with the Administrator) deter- 

 mines could be made subject to an order required to 

 be issued upon the issuance of the certification of 

 need applied for in such application, and (C) pro- 

 vide an opportunity for the submission of written 

 comments on such application. The requirements of 

 the preceding sentence of this paragraph shall not 

 apply when the Administrator for good cause finds 

 (and incorporates the finding with a brief statement 

 of reasons therefor in the order issued) that waiver 

 of such requirements is necessary in order to protect 

 the public health. 



(3) Within 30 days after— 



(A) the date a notice is published under para- 

 graph (2) in the Federal Register with respect to 

 an application submitted under this section for 

 the issuance of a certification of need, or 



(B) the date on which such application is re- 

 ceived if as authorized by the second sentence of 

 such paragraph no notice is published with respect 

 to such applic.ition, 



ths Administrator shall t.ike action either to issue or 

 deny the issuance of a certification of need. 



(c) Certification of need; issuance; executive orders; 

 implementation of orders; equitable apportion- 

 ment of ordors; factors considered. 



(1) If the Administrator finds that the amount of 

 a chemical or substance necessary for an applicant 

 under an application submitted under this section 

 to effectively treat water in a public water system 

 or in a public treatment works is not reasonably 

 available to the applicant or will not be so available 

 to him when required for the effective treatment of 

 such water, the A.dniinistrator shall issue a certifica- 

 tion of need. Not later than seven days following the 

 issuance of such certification, the President or his 

 delegate shall issue an order requiring the provision 

 to such person of such amounts of such chemical or 

 sul)stance as the Administrator deems necessary in 

 the certification of need issued for such person. Such 



order shall apply to such manufacturers, producers, 

 processors, distributors, and repackagers of such 

 chemical or substance as the President or his dele- 

 gate deems necessary and appropriate, except that 

 such order may not apply to any manufacturer, pro- 

 ducer, or processor of such chemical or substance 

 who manufactures, produces, or processes (as the 

 case may be) such chemical or substance solely for 

 its own use. Persons subject to an order issued under 

 this section shall be given a reasonable opportunity 

 to consult with the President or his delegate with 

 respect to the implementation of the order. 



(2) Orders which are to be issued under para- 

 graph (1) to manufacturers, producers, and proces- 

 sors of a chemical or substance shall be equitably 

 apportioned, as far as practicable, among all manu- 

 facturers, producers, and processors of such chemi- 

 cal or subst?aice: and orders which are to be issued 

 under paragraph (1) to distributors and repackagers 

 of a chemical or substance shall be equitably appor- 

 tioned, as far as practicable, among all distributors 

 and repackagers of such chemical or substance. In 

 apportioning orders issued under paragraph (1) to 

 manufacturers, producers, processors, distributors, 

 and repackagers of chlorine, the President or his 

 delegate shall, in carrying out the requirements of 

 the preceding sentence, consider — 



(A) the geographical relationships and estab- 

 lished commercial relationships between such 

 manufacturers, producers, processors, distributors, 

 and repackagers and the persons for whom the 

 orders are issued; 



(B) in the case of orders to be issued to pro- 

 ducers of chlorine, the (i) amount of chlorine 

 historically supplied by each such producer to 

 treat water in public water systems and public 

 treatment works, and (ii) share of each such pro- 

 ducer of the total annual production of chlorine 

 in the United States ; and 



(C) such other factors as the President or his 

 delegate may determine are relevant to the appor- 

 tionment of orders in accordance with the require- 

 ments of the preceding sentence. 



(3> Subject to subsection (f) of this section, any 

 person for whom a certification of need has been 

 Issued under this subsection may upon the expira- 

 tion of the order issued under paragraph (D upon 

 such certification apply under this section for addi- 

 tional certifications. 



(d) Breach of contracts; defense. 



There shall be available as a defense to any action 

 brought for breach of contract in a Federal or State 

 court arising out of delay or failure to provide, sell, 

 or offer for sale or exchange a chemical or substance 

 subject to an order issued pursuant to subsection 

 (c) (1) of this section, that such delay or failure was 

 caused solely by compliance with such order. 



(e) Penalties for noncompliance with orders; tem- 

 porary restraining orders and preliminary or 

 permanent injunctions. 



(1) Whoever knowingly fails to comply with any 

 order issued pursuant to subsection (c)(1) of this 

 section shall be fined not more than $5,000 for each 



