Safe Drinking Water Amendments
PL 95-190 (S.1528), enacted 11/16/1977

PUBLIC LAW 95-190—NOV. 16, 1977 
91 STAT. 1393 
Public Law 95-190 
95th Congress 
An Act 
To amend section 2 of the Safe Drinking Water Act (Public Law 93-523) to 
extend and increase authorizations provided for public water systems. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled^ 
Nov. 16, 1977 
[S. 1528] 
Safe Drinking 
Water 
Amendments of 
1977. 
SECTION 1. This Act may be cited as the "Safe Drinking Water 42 USC 201 note. 
Amendments of 1977". 
SHORT TITLE 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 2. (a) Section 1442(c) of the Public Health Service Act is 
amended by inserting "other than subsection (a) (2) (B) and provi-
sions relating to research" after "section"; by striking out "and"; and 
by striking out the period at the end thereof and substituting "; and 
$17,000,000 for each of the fiscal years 1978 and 1979. There are author-
ized to be appropriated to carry out subsection (a) (2) (B) $8,000,000 
for each of the fiscal years 1978 and 1979.". 
(b) Section 1443 (a) (5) of such Act is amended by striking out "and" 
and by inserting before the period at the end thereof: ", $35,000,000 for 
fiscal year 1978, and $45,000,000 for fiscal year 1979". 
(c) Section 1443(b)(5) of such Act is amended by striking out 
"and", and by inserting before the period at the end thereof: ". and 
$10,000,000 for each of the fiscal years 1978 and 1979". 
(d) Section 3(c) of the Safe Drinking Water Act is amended by 
striking out "and" and by inserting "; and $1,000,000 for each of fiscal 
years 1978 and 1979" after "1977". 
(e) Nothing in this Act shall be construed to authorize the appro-
priation of any amount for research under title XIV of the Public 
Health Service Act (relating to safe drinking water). 
STUDIES 
42 USC SOOj-l, 
Grants for State 
programs. 
42 USC 300J-2. 
Rural water 
survey. 
42 USC 300f 
note. 
42 USC 300f 
note. 
42 USC 300f. 
SEC. 3. (a) Section 1442(a) (3) of the Public Health Service Act is 42 USC SOOj-l. 
amended by inserting " (A)" after " (3)" and by adding the following 
at the end thereof: 
"(B) Not later than eighteen months after the date of enactment of Report to 
this subparagraph, the Administrator shall submit a report to Con- Congress, 
gress which identifies and analyzes— 
" (i) the anticipated costs of compliance with interim and revised 
national primary drinking water regulations and the anticipated 
costs to States and units of local governments in implementing 
such regulations; 
"(ii) alternative methods of (including alternative treatment 
techniques for) compliance with such regulations; 
"(iii) methods of paying the costs of compliance by public 
water systems with national primary drinking water regulations, 
including user charges, State or local taxes or subsidies. Federal 
grants (including planning or construction grants, or both), loans, 
^ 
91 STAT. 1394 
PUBLIC LAW 95-190—NOV. 16, 1977 
Recommenda-
tions. 
Report to 
Congress. 
42 use 300J-1. 
42 use 300g-l. 
42 use 300f 
note. 
Ante, p. 1393. 
eontaminants, 
studies. 
Grants. 
42 use 300f 
n"te. 
42 use 300f. 
and loan guarantees, and other methods of assisting in paying the 
costs of such compliance; 
"(iv) the advantages and disadvantages of each of the methods 
referred to in clauses (ii) and (iii); 
"(v) the sources of revenue presently available (and projected 
to be available) to public water systems to meet current and 
future expenses; and 
"(vi) the costs of drinking water paid by residential and indus-
trial consumers in a sample of large, medium, and small public 
water systems and of individually owned wells, and the reasons 
for any differences in such costs. 
The report required by this subparagraph shall identify and analyze 
the items required in clauses (i) through (v) separately with respect 
to public water systems serving small communities. The report required 
by this subparagraph shall include such recommendations as the 
Administrator deems appropriate.". 
(b) Section 1442 of such Act is amended by redesignating subsection 
(c) as (e) and by inserting the following new subsection after sub-
section (b) : 
"(c) Not later than eighteen months after the date of enactment of 
this subsection, the Administrator shall submit a report to Congress 
on the present and projected future availability of an adequate and 
dependable supply of safe drinking water to meet present and pro-
jected future need. Such report shall include an analysis of the future 
demand for drinking water and other competing uses of water, the 
availability and use of methods to conserve water or reduce demand', 
the adequacy of present measures to assure adequate and dependable 
supplies of safe drinking w^ater, and the problems (financial, legal, or 
other) which need to be resolved in order to assure the availability of 
such supplies for the future. Existing information and data compiled 
by the National Water Commission and others shall be utilized to the 
extent possible.". 
(c) Section 1412(e) (2) of such Act is amended by inserting before 
the period at the end of the first sentence thereof the following: ", and 
revisions thereof reflecting new information which has become avail-
able since the most recent previous report shall be reported to the Con-
gress each two years thereafter". 
(d) Section 3(b) of the Safe Drinking Water Act is amended by 
striking out "for transmittal" and inserting "and" in lieu thereof. 
(e) (i) Section 1442(a) of such Act is amended by adding the fol-
lowing new paragraphs at the end thereof: 
"(10) The Administrator shall carry out a study of the reaction of 
chlorine and humic acids and the effects of the contaminants which 
result from such reaction on public health and on the safety of drink-
ing water, including any carcinogenic effect. 
"(11) The Administrator shall carry out a study of poly 
chlorinated 
biphenyl contamination of actual or potential sources of drinking 
water, contamination of such sources by other substances known or 
suspected to be harmful to public health, the effects of such contam-
ination, and means of removing, treating, or otherwise controlling 
such contamination. To assist in carrying out this paragraph, the 
Administrator is authorized to make grants to public agencies and 
private nonprofit institutions.". 
(2) Nothing in this Act shall be construed to alter or affect the 
Administrator's authority or duty under title 14 of the Public Health 
Service Act to promulgate regulations or take other action with respect 
to any contaminant. 
PUBLIC LAW 95-190—NOV. 16, 1977 
91 STAT. 1395 
TRAINING 
SEC. 4. Section 1442 of the Public Health Service Act, as amended Grants, 
by section 3(b) of this Act, is further amended by inserting the fol- Ante, p. 1394. 
lowing new subsection after subsection (c) : 
"(d) The Administrator shall— 
" (1) provide training for, and make grants for training (includ-
ing postgraduate training) of (A) personnel of State agencies 
which have primary enforcement responsibility and of agencies 
or units of local government to which enforcement responsibilities 
' 
have been delegated by the State, and (B) personnel who manage 
or operate public water systems, and 
"(2) make grants for postgraduate training of individuals 
(including grants to educational institutions for traineeships) for 
purposes of qualifying such individuals to work as personnel 
referred to in paragraph (1). 
Reasonable fees may be charged for training provided under para- Fees, 
graph (1) (B) to persons other than personnel of State or local agencies 
but such training shall be provided to personnel of State or local 
agencies without charge.". 
GRANTS FOR STATE PROGRAMS 
SEC. 5. (a) Section 1443(a) of the Public Health Service Act is 
amended by redesignating paragraph (5) as paragraph (7) and by 
inserting after paragraph (4) the following new paragraphs: 
" (5) The prohibition contained in the last sentence of paragraph (2) 
may be waived by the Administrator with respect to a grant to a State 
through fiscal year 1979 but such prohibition may only be waived if, 
in the judgment of the Administrator— 
"(A) the State is making a diligent effort to assume and main-
tain primary enforcement responsibility for public water systems 
within the State; 
"(B) the State has made significant progress toward assuming 
and maintaining such primary enforcement responsibility; and 
"(C) there is reason to believe the State will assume such pri-
mary enforcement responsibility by October 1,1979. 
The amount of any grant awarded for the fiscal years 1978 and 1979 
pursuant to a waiver under this paragraph may not exceed 75 per 
centum of the allotment which the State would have received for such 
fiscal year if it had assumed and maintained such primary enforcement 
responsibility. The remaining 25 per centum of the amount allotted to 
such State for such fiscal year shall be retained by the Administrator, 
and the Administrator may award such amount to such State at such 
time as the State assumes such responsibility before the beginning of 
fiscal year 1980. At the beginning of each fiscal years 1979 and 1980 the 
amounts retained by the Administrator for any preceding fiscal year 
and not awarded by the beginning of fiscal year 1979 or 1980 to the 
States to which such amounts were originally allotted may be removed 
from the original allotment and reallotted for fiscal year 1979 or 1980 
(as the case ma;;^ be) to States which have assumed primary enforce-
ment responsibility by the beginning of such fiscal year. 
"(6) The Administrator shall notify the State of the approval or 
disapproval of any application for a grant under this section— 
" (A) within ninety days after receipt of such application, or 
"(B) not later than the first day of the fiscal year for which the 
grant application is made, 
whichever is later.". 
Prohibition, 
waiver. 
Ante, p. 1393. 
Allotment 
limitations. 
Applications, 
notification to 
States. 
91 STAT. 1396 
PUBLIC LAW 95-190—NOV, 16, 1977 
EXTENSION OF DEADLINE FOR STATE UNDERGROUND INJECTION CONTROL 
PROGRAMS 
42 use 300h-l. 
SEC. 6. (a) Section 1422(b) (1) (A) of the Public Health Service 
Act is amended by inserting the following new sentence at the end 
thereof: "The Administrator may, for good cause, extend the date for 
submission of an application by any State under this subparagraph 
for a period not to exceed an additional 270 days.". 
Regulations. 
(b) Section 1421 (b) of such Act is amended by inserting the follow-
42 use 300h. 
ing new paragraph at the end thereof: 
"(3) (A) The regulations of the Administrator under this section 
shall permit or provide for consideration of varying geologic, hydro-
logical, or historical conditions in different States and in different 
areas within a State. 
"(B) (i) In prescribing regulations under this section the Adminis-
trator shall, to the extent feasible, avoid promulgation of require-
ments which would unnecessarily disrupt State underground injection 
control programs which are in effect and being enforced in a substan-
tial number or States. 
"(ii) For the purpose of this subparagraph, a regulation prescribed 
by the Administrator under this section shall be deemed to disrupt a 
State underground injection control program only if it would be 
infeasible to comply with both such regulation and the State under-
ground injection control program. 
" (iii) For the purpose of this subparagraph, a regulation prescribed 
by the Administrator under this section shall be deemed unnecessary 
only if, without such regulation, underground sources of drinking 
water will not be endangered by any underground injection. 
"(C) Nothing in this section shall be construed to alter or affect the 
duty to assure that underground sources of drinking water will not be 
endangered by any underground injection.". 
EXTENSION OF AUTHORITY TO ASSURE AVAILABILITY OF CHEMICALS 
NEEDED FOR WATER TREATMENT 
42 use 300j. 
SEC. 7. Section 1441 (f) of the Public Health Service Act is amended 
by striking out "June 30, 1977" and inserting in lieu thereof "Sep-
,. ,, 
tember 30,1979". 
FEDERAL AGENCIES 
42USC300J-6. 
SEC. 8. (a) Section 1447(a) of the Public Health Service Act is 
amended to read as follows: 
" F E D E R A L AGENCIES 
"SEC. 1447. (a) Each Federal agency (1) having jurisdiction over 
any federally owned or maintained public water system or (2) engaged 
in any activity resulting, or which may result in, underground injection 
which endangers drinking water (within the meaning of section 1421 
42 use 300h. 
(d) (2)) shall be subject to, and comply with, all Federal, State, and 
local requirements, administrative authorities, and process and sanc-
tions respecting the provision of safe drinking water and respecting 
any underground injection program in the same manner, and to the 
same extent, as -any nongovernmental entity. The preceding sentence 
shall apply (A) to any requirement whether substantive or procedural 
<?$=, 
PUBLIC LAW 95-190—NOV. 16, 1977 
91 STAT. 1397 
Liability. 
"Person." 
42 u s e 300f. 
Citizen's civil 
actions. 
42 use 300J-8. 
(including any recordkeeping or reporting requirement, any require-
ment respecting permits, and any other requirement whatsoever), (B) 
to the exercise of any Federal, State, or local administrative authority, 
and (C) to any process or sanction, whether enforced in Federal, State, 
or local courts or in any other manner. This subsection shall apply, 
notwithstanding any immunity of such agencies, under any law or 
rule of law. No officer, agent, or employee of the United States shall 
be personally liable for any civil penalty under this title with respect 
to any act or omission within the scope of his official duties.". 
(b) Section 1401(12) of such Act is amended to read as follows: 
"(12) The term 'person' means an individual, corporation, company, 
association, partnership. State, municipality, or Federal agency (and 
includes officers, employees, and agents of any corporation, company, 
association. State, municipality, or Federal agency).". 
(c) Section 1449(e) of such Act is amended by adding the following 
at the end thereof: "Nothing in this section or in any other law of the 
United States shall be construed to prohibit, exclude, or restrict any 
State or local government from— 
" (1) bringing any action or obtaining any remedy or sanction 
in any State or local court, or 
"(2) bringing any administrative action or obtaining any 
administrative remedy or sanction, 
against any agency of the United States under State or local law to 
enforce any requirement respecting the provision of safe drinking 
water or respecting any underground injection control program. 
Nothing in this section shall be construed to authorize judicial review 
of regulations or orders of the Administrator under this title, except as 
provided in section 1448. For provisions providing for application of 
certain requirements to such agencies in the same manner as to non-
governmental entities, see section 1447.". 
(d) Section 1447 of such Act is further amended by inserting at the 
end thereof a new subsection (c) : 
"(c) (1) Nothing in the Safe Drinking Water Amendments of 1977 
shall be construed to alter or affect the status of American Indian 
lands or water rights nor to waive any sovereignty over Indian lands 
guaranteed by treaty or statute. 
"(2) For the purposes of this Act, the term 'Federal agency' shall 
not be construed to refer to or include any American Indian tribe, nor 
to the Secretary of the Interior in his capacity as trustee of Indian 
lands.". 
EMERGENCY ASSISTANCE 
» 
SEC. 9. Section 1442(a)(2) of the Public Health Service Act is 42 USe 300j-l. 
amended by inserting "(A)" after "(2)" and by adding the following 
new subparagraph at the end thereof: 
"(B) The Administrator is authorized to provide technical assist- Technical 
ance and to make grants to States, or publicly owned water systems to assistance and 
assist in responding to and alleviating any emergency situation grants, 
respecting drinking water which the Administrator determines ^i) 
may reasonably be anticipated to endanger public health, and (ii) 
arises from unknown conditions or conditions which such entity is 
unable to remedy without such emergency assistance.". 
Judicial review. 
42 u s e 300J-7. 
Ante, p. 1396; 
Infra. 
Federal agencies. 
42 u s e 300J-6. 
Indian rights and 
sovereignty. 
"Federal 
.• 
agency." 
91 STAT. 1398 
PUBLIC LAW 95-190—NOV. 16, 1977 
TECHNICAIi AND CONFORMING AMENDMENTS 
42 use 300g-5. 
SEC. 10. (a) Section 1416(b) (1) of the Public Health Service Act 
is amended hj striking out "containment" wherever it appears therein 
and by inserting in lieu thereof "contaminant". 
42 use 300i-l. 
(b) Section 1442(b) (3) (C) of such Act is amended by striking out 
"1443 (d)" and by inserting in lieu thereof "1443 (c)". 
AGENCY PERSONNEL 
SEC. 11. (a) Subsection (a) of section 5108 of title 5, United States 
Code, is amended by striking out "an aggregate of 3,243" and insert-
ing in lieu thereof "an aggregate of 3,293".. 
42 use 300J-10. 
(b) To the extent that the Administrator of the Environmental 
Protection Agency deems such action necessary to the discharge of 
42USC300f. 
his functions under title XIV of the Public Health Service Act 
(relating to safe drinking water) and under other provisions of law, 
he may appoint personnel to fill not more than thirty scientific, engi-
neering, professional, legal, and administrative positions within the 
Environmental Protection Agency without regard to the civil service 
laws and may fix the compensation of such personnel not in excess of 
the maximum rate payable for GS-18 of the General Schedule under 
5 use 5332 note, section 5332 of title 5", United States Code. 
National drinking 
water regulations. 
Ante, p. 1394. 
State 
enforcement, 
failure. 
42 u s e 300g-3. 
Contaminant 
levels, notice to 
water users. 
Infra. 
Records and 
inspections. 
42 use 300J-4. 
' 
MONITORING OF UNREGULATED POLLUTANTS 
SEC. 12. (a) Section 1412(e) (2) of the Public Health Service Act is 
amended by striking the word "and" at the end of clause (E) and by 
striking the period at the end of clause (F) and inserting in lieu 
thereof: "; and", and by adding the following new clause at the end 
thereof: "(G) periodic assessments and evaluations of unregulated 
contaminants 
which 
may 
require 
continuous 
monitoring 
or 
regulation.". 
(b)(1) Section 1414(c) of such Act is amended by striking out 
"form and manner for giving such notice. Such notice" and inserting 
in lieu thereof "form, manner, and frequency for giving notice under 
this subsection. Notice under the first sentence of this subsection". 
(2) Section 1414(c) is further amended by inserting: "The Admin-
istrator may also require the owner or operator of a public water sys-
tem to give notice to the persons served by it of contaminant levels 
of any unregulated contaminant required to be monitored under sec-
tion 1445 (a)." after "issued by the system.". 
(3) Section 1414(c) is further amended by striking out "there-
under" and inserting in lieu thereof "issued under this subsection". 
(c) Section 1445(a) of such Act is amended by striking out "or" 
before "in administering", and by inserting before the period at the 
end thereof: ", in evaluating the health risks of unregulated con-
taminants, or in advising the public of such risks". 
(d) Section 1445(b) (1) of such Act is amended by inserting "(A)" 
immediately after "person subject to", by striking out "or" after 
"1412" and inserting in lieu thereof ", (B) an", by striking out "(or 
person" and substituting the following: ", or (C) any requirement to 
monitor an unregulated contaminant pursuant to subsection (a), or 
PUBLIC LAW 95-190—NOV. 16, 1977 
91 STAT. 1399 
person", and by striking out the parenthesis after "or other person" 
and substituting "referred to in clause (A), (B), or (C)". 
EMERGENCY ASSISTANCE 
SEC. 13. Section 1442(a) (2) (B) of the Public Health Service Act, 
as amended by section 9 of this Act, is further amended by striking Ante, p. 1397. 
out "respecting drinking water" and all that follows down through the 
period at the end thereof and substituting: "affecting public water sys-
tems (including sources of water for such systems) which the Admin-
istrator determines to present substantial danger to the public health. 
Grants provided under this subparagraph shall be used only to sup- Grants, 
port those actions which (i) are necessary for preventing, limiting or 
mitigating danger to the public health in such emergency situation 
and (ii) would not, in the judgment of the Administrator, be taken 
without such emergency assistance. The Administrator may carry out 
the program authorized under this subparagraph as part of, and in 
accordance with the terms and conditions of, any other program of 
assistance for environmental emergencies which the Administrator is 
authorized to carry out under any other provision of law. No limita-
tion on appropriations for any such other program shall apply to 
amounts appropriated under this subparagraph.". 
CLEAN AIR ACT TECHNICAL AND CONFORMING 
AMENDMENTS 
SEC. 14. (a) The Clean Air Act is amended as follows: 
(1) in section 110(a)(2)(H) insert a semicolon at the end 
thereof; 
(2) in section 110(a) (2) (J) strike out the comma at the end 
thereof and substitute a semicolon; 
(3) in section 110(a)(5)(D) strike out "preconstruction or 
premodification"; 
(4) in section 110(a) (3) add the following new subparagraph 
at the end thereof: 
"(D) Any applicable implementation plan for which an attain-
ment date later than December 31, 1982, is provided pursuant to 
section 172(a)(2) shall be revised by July 1, 1979, to include the 
comprehensvie measures and requirements referred to in subsection 
(c)(5)(B)/'; 
(5) in section 110 redesignate subsections (g), (h), and (i) (as 
added by section 108(g) of the Clean Air Act Amendments of 
1977) as (h), (i),and (j),respectively; 
(6) in section llO(j), as redesignated by paragraph (5) of this 
subsection, strike out "at such source will enable it" and substi-
tute "will enable such source"; 
(7) in section 111(a) redesignate paragraph (7) (as added by 
section 109(f) of the Clean Air Act Amendments of 1977) as 
paragraph (8); 
(8) in section 111 strike out subsection (j) and redesignate the 
following subsections accordingly; 
(9) in section lll(j) (2), as redesignated by paragraph (8) of 
this subsection, strike out" (8)" and substitute "(B)"; 
State 
implementation 
plans for ambient 
air quality 
standards. 
42 u s e 7410. 
Ante, p. 694. 
Ante, p. 695. 
Ante, p. 746. 
Ante, p. 696. 
New stationary 
sources, 
performance 
standards. 
Ante, p. 703. 
Ante, p. 701. 
91 STAT. 1400 
PUBLIC LAW 95-190—NOV. 16, 1977 
Federal 
enforcement 
procedures. 
Ante, p. 704. 
Ante, p. 705. 
Ante, p. 705. 
Compliance 
orders. 
Ante, p. 705. 
Ante, p. 715. 
Determination. 
Ante, p. 705. 
42 u s e 7604. 
42 u s e 7414. 
42 u s e 7521. 
42 u s e 7416. 
42 u s e 7401 
note. 
(10) in section 113(b) (3) insert a comma after "coal conver-
sion)" and after "smelter orders)"; and strike out "320" and 
insert in lieu thereof "324"; 
(11) in section 113(b) (3) (as amended by section 111(c) (3) of 
the Clean Air Act Amendments of 1977), insert "or" at the end 
thereof; 
(12) in section 113(c) (1) (B) (as amended by section 111(d) 
(2) of the Clean Air Act Amendments of 1977), insert "or" at 
the end thereof; 
(13) in section 113(c) (1) (D) insert a comma after "Act)" and 
insert a comma after "penalties)"; 
(14) in section 113(d) (1) strike out "an order for any sta-
tionary source which" and insert in lieu thereof "to any sta-
tionary source which is unable to comply with any requirement 
of an applicable implementation plan an order which" and strike 
out "any requirement of an applicable implementation plan" and 
insert in lieu thereof "such requirement"; 
(15) in section 113(d) (1) (E) insert ", unless exempted under 
section 120(a) (2) (B) or (C)," after "notifies the source that"; 
insert "effective July 1, 1979, as provided" after "noncompliance 
penalty"; and strike out "120" the second time it appears therein 
and insert in lieu thereof "120 (b) (3) or (g),"; 
(16) in section 113(d) (2) insert after the first sentence thereof 
the following^: "The Administrator shall determine, not later than 
90 days after receipt of notice of the issuance of an order under 
this subsection with respect to any major stationary source, 
whether or not any State order under this subsection is in accord-
ance with the requirements of this Act."; 
(17) in section 113(d)(4)(A) insert a closing parenthesis after 
"111(a)(1)"; 
(18) in the last sentence of section 113(d)(5)(A) strike out 
"an additional period of" and insert in lieu thereof "an addi-
tional period for"; 
(19) in section 113(d) (8) strike out "or (3)" after "paragraph 
(20) m section 113(d) (10) strike out "issued" and insert in 
lieu thereof "in effect"; and strike out "other" and insert in lieu 
thereof "Federal"; and strike out "or section 304" and substitute 
"and no action under section 304"; 
(21) in section 113(d) (11) strike out "(and approved by the 
Administrator)" and substitute "and in effect"; 
(22) in section 114(a) (iii) strike out "(except with respect 
to a manufacturer of motor vehicles or motor vehicle engines)" 
and insert in lieu thereof "(except a provision of title II with 
respect to a manufacturer of new motor vehicles or new motor 
vehicle engines)"; 
(23) in section 114(a)(1) insert "who owns or operates any 
emission source or who is" after "any person"; and insert "with 
respect to a provision of title II" after "208"; 
(24) in section 116 insert "(as in effect before the date of the 
enactment of the Clean Air Act Amendments of 1977)" after 
«and(f)»; 
PUBLIC LAW 95-190—NOV. 16, 1977 
91 STAT. 1401 
(25) in section 119(a), add the following new paragraph at 
the end thereof: 
" (3) For the purposes of sections 110, 304, and 307 of this Act, 
any order issued by the State and in effect pursuant to this sub-
section shall become part of the applicable implementation 
plan."; 
(26) in section 119(d) (3) strike out "319" and insert in lieu 
thereof "321"; 
(27) in the first sentence of section 119(e) strike out "such 
order" and insert in lieu thereof "an order under this section"; 
(28) in section 120(a) (2) (A) (i) insert "(whether or not such 
source is subject to a Federal or State consent decree)" after 
"plan"; 
(29) in section 120(a) (2) (A) (iii) insert", or Federal or State 
consent decree" after "subparagraph (B)"; and strike out "or 
suspension." at the end thereof and insert in lieu thereof 
", suspension, or consent decree"; 
(30) in section 120(a) (2) (B) (i) insert "section 113(d) (5) or" 
after "under" and insert "(as in effect before the date of the 
enactment of the Clean Air Act Amendments of 1977)" after 
"119"; 
(31) in section 120(a) (2) (B) (ii) insert "(as in effect before 
the date of the enactment of the Clean Air Act Amendments of 
1977)" after "119(c) (1)"; 
(32) in section 120(b)(8) strike out "(6)" and substitute 
"(4)"; 
(33) in section 120(b) (2) (A) strike out "subsection (e)" and 
insert in lieu thereof "subsection (a) (1) (B) (i)"; 
(34) in section 120(b), after paragraph (9) insert: "In any 
case in which the State establishes a noncompliance penalty under 
this section, the State shall provide notice thereof to the Admin-
istrator." ; 
(35) in the next to last sentence of section 120(b) strike out 
"delayed compliance" and insert in lieu thereof "noncompliance"; 
strike out "publication of the proposed penalty" and insert in lieu 
thereof "receipt of notice of the State penalty assessment"; 
(36) in the last sentence of section 120(b) strike out "delayed 
compliance" and insert in lieu thereof "noncompliance"; and 
strike out "facility" and insert in lieu thereof "source"; 
(37) in section 120(d)(2)(A) insert "the economic value 
which a delay in compliance beyond July 1, 1979, may have for 
the owner of such source, including" after "no less than"; and 
strike out "which a delay in compliance beyond July 1,1979, may 
have for the owner or operator of such source" and insert in lieu 
thereof "which such a delay may have for the owner or operator 
of such source"; 
(38) in section 120(e) insert a comma after "(b)"; 
(39) in section 126(a)(1) strike out ", relating to significant 
deterioration of air quality," and substitute "(relating to signifi-
cant deterioration of air quality)"; 
(40) in section 162(a) (4) insert a comma after "size"; 
(41) in section 163(a) strike out "165(d) (2) (C) (iv)" and 
insert in lieu thereof "section 165(d) (2) (C) (iv))"; 
Primary 
nonferrous 
smelter orders. 
Ante, p. 712. 
Ante, pp. 691, 
771, 772. 
Noncompliance 
penalty. 
Ante, p. 715. 
42 u s e 7401 
note. 
State penalty, 
notice. 
Ante, p. 724. 
Ante, p. 731. 
Ante, p. 732. 
Post, p. 1402. 
91 STAT. 1402 
PUBLIC LAW 95-190—NOV. 16, 1977 
Ante, p. 733. 
Ante, p. 731. 
Preconstruction 
requirements. 
Ante, p. 735. 
Ante, p. 1399. 
Sulfur oxide 
emissions. 
Definitions. 
Ante, p. 740. 
Infra. 
Ante, p. 740. 
Ante, p. 1399. 
Nonattainment 
plan provisions. 
Ante, p. 746. 
(42) in section 164(b)(2) insert "or is inconsistent with the 
requirementsof section 162(a) or of subsection (a) of this section" 
after "this section"; 
(43) in section 164(e), insert "an" after "If any State affected 
by the redesignation of"; 
(44) in section 165(a) (1) strike out the colon at the end thereof 
and insert in lieu thereof a semicolon; 
(45) in section 165(a)(3) insert ", as required pursuant to 
section 110 (j)," after "demonstrates"; 
(46) in section 165(b) insert "cause or" before "contribute"; 
and strike out "actual" before "allowable"; 
(47) in section 165(d) (2) (C) (ii) strike out "contrbute" and 
insert in lieu thereof "contribute"; 
(48) in section 165(d) (2) (C) (iii) strike out "quality related" 
and substitute "quality-related" and strike out the comma after 
"concentrations"; 
(49) in section 165(d) (2) (C) (iv) strike out "such sources" 
and substitute "such facility"; strike out "together with all other 
sources,"; and insert "cause or contribute to concentrations of 
such pollutant which" before "exceed"; 
(50) in section 165(d) (2) (D) (iii) strike out everything after 
"as may be necessary to assure that" down through the colon and 
insert in lieu thereof the following: "emissions of sulfur oxides 
from such facility will not (during any day on which the other-
wise applicable maximum allowable increases are exceeded) 
cause or contribute to concentrations which exceed the following 
maximum allowable increases for such areas over the baseline 
concentration for such pollutant and to assure that such emissions 
will not cause or contribute to concentrations which exceed the 
otherwise applicable maximum allowable increases for periods 
of exposure of 24 hours or less on more than 18 days during any 
annual period:"; 
(51) in section 165(d)(2)(D) add the following new clause: 
"(iv) For purposes of clause (iii), the term 'high terrain area' 
means with respect to any facility, any area having an elevation 
of 900 feet or more above the base of the stack of such facility, 
and the term 'low terrain area' means any area other than a high 
terrain area."; 
(52) in the second sentence of section 168(b) strike out "in 
accordance with this definition" and insert in lieu thereof "(in 
accordance with the definition of 'commenced' in section 169 (2))"; 
(53) immediately after section 168, strike out subpart 2 of part 
C of title I of such Act and insert such subpart after section 169; 
(54) in section 169(2) add the following new subparagraph 
(C) at the end thereof: 
"(C) The term 'construction' when used in connection with any 
source or facility, includes the modification (as defined in sec-
tion 111 (a)) of any source or facility."; 
(55) in section 172(b)(4) strike out "paragraph (1)" and 
insert in lieu thereof "subsection (a)"; 
(56) in section 172(c) strike out "July 1, 1987" and insert 
in lieu thereof "December 31, 1987"; 
PUBLIC LAW 95-190—NOV. 16, 1977 
91 STAT. 1403 
(57) in section 173(1) (A) strike out "facility" each place it 
appears and insert in lieu thereof "source"; strike out "from new" 
and insert in lieu thereof "from new or modified"; and insert 
"applicable" before "implementation plan"; 
(58) in section 173 strike out "and" after the semicolon in para-
graph (2); strike out the period at the end of paragraph (3) and 
insert in lieu thereof "; and"; and add the following at the end 
thereof: 
"(4) the applicable implementation plan is being carried out 
for the nonattainment area in which the proposed source is to be 
constructed or modified in accordance with the requirements of 
this part."; 
(59) in section 176(a) (1) insert "national" before "primary"; 
(60) in section 202(a) strike out "(a) Except as otherwise 
provided in subsection (b) — 
"(a) (1) Except as otherwise provided in subsection (b) the" and 
substitute " (a) Except as otherwise provided in subsection (b) — 
"(1) The"; 
(61) in section 202(a) (3) (B) strike out "During the period of 
June 1 through December 31, 1979, and during each period of 
June 1 through December 31 of each third year after 1979," and 
insert in lieu thereof "During the period of June 1 through 
December 31, 1978, in the case of hydrocarbons and carbon 
monoxide, or during the period of June 1 through December 31, 
1980, in the case of oxides of nitrogen, and during each period of 
June 1 through December 31 of each third year thereafter,"; 
(62) in the last sentence of section 202 (a) (3) (B) strike out "of" 
before "from"; 
(63) in section 202(a) (3) (E) strike out "June 1, 1979," and 
insert in lieu thereof "June 1, 1978, in the case of hydrocarbons 
and carbon monoxide, and June 1, 1980, in the case of oxides of 
nitrogen,"; 
(64) in section 202(b) (1) (B) strike out "model year 1976" and 
insert in lieu thereof "calendar year 1976"; 
(65) in section 202(b) (1) (B) (i) strike out "United States" 
and insert in lieu thereof "other"; 
(66) in section 203(a) (3) (B), strike out the comma after "pur-
chaser" and substitute a semicolon; 
(67) in section 203(a) (4) (C), insert "or" after "person,"; 
(68) in the last sentence of section 203(a) insert a period after 
"215"' 
(69) in section 206(g) (3) insert "shall" after "(D)"; 
(70) in section 207(a) strike out" (3) The cost" and substitute: 
"(3) The cost"; 
(71) in section 207(f), as added by section 212 of the Clean Air 
Act Amendments of 1977, strike out "(f)" and substitute "(h)"; 
(72) in section 207(h) (2) (asaddedby section 212 of the Clean 
Air Act Amendments of 1977 and redesignated in paragraph (65) 
of this section), strike out "as determined and" and insert in lieu 
thereof "as determined under"; 
(73) in section 211(f)(2) 
strike out "first"; and insert 
", except as otherwise provided pursuant to a waiver under para-
graph (4)" after "per gallon of fuel"; 
Permit 
requirements. 
42 u s e 7503. 
Ante, p. 749. 
Moving sources 
emission 
standards. 
Ante, p. 791. 
Ante, p. 765. 
Ante, p. 751. 
Ante, p. 761. 
Ante, p. 755. 
Ante, p. 757. 
Ante, p. 768. 
Ante, p. 754. 
Ante, p. 758. 
Ante, p. 762. 
91 STAT. 1404 
PUBLIC LAW 95-190—NOV. 16, 1977 
Ante, p. 762. 
(74) in section 211(f)(4) insert "or the limitation specified 
in paragraph (2) of this subsection," after "subsection"; 
Ante, p. 757 
(75) in section 215(d) strike out "December 31, 1981," and 
insert in lieu thereof "December 31,1980,"; 
Ante, p. 770. 
(76) in Section 302(e), insert a comma after "individual"; 
Ante, p. 771. 
(77) in section 304(a) (3) insert "or modified" after "new"; 
(78) in section 304(f) (3) strike out "requirements" after 
"smelter orders)," and substitute "any condition or requirement"; 
and strike out "or" before "section 169A" and insert ", or" after 
" (relating to ozone protection)"; 
^rafe, pp. 776, 
(79) in the first sentence of section 307(b)(1), insert "or 
^^^- 
requirement" before "under section 112,"; strike out "under sec-
tion 111" and insert in lieu thereof "or requirement under section 
111,"; strike out "any rule or order issued under section 120 
(relating to noncompliance penalties," and insert in lieu thereof 
Ante, pp. 704, 
"any rule issued under section 113,119, or under section 120, or"; 
712, 715. 
(80) in the second sentence of section 307(b) (1) insert "under 
section lll(j), under section 112(c), under section 113(d), under 
section 119, or" before "under section 120"; and insert "(as in 
effect before the date of enactment of the Clean Air Act Amend-
ments of 1977)" after "119(c) (2) (A), (B), or (C)"; and insert 
"(including any denial or disapproval by the Administrator 
under title I ) " after "under this Act"; 
(81) in section 323(d), strike out "eleven" and substitute 
"thirteen"; strike out "seven" and substitute "nine"; strike out 
", by and with the advice and consent of the Senate"; 
(82) in section 324(j) insert after "(j)" the following: "The 
Commission may appoint and fix the pay of such staff as it deems 
necessary."; 
(83) redesignate section 325 (as added by section 315 of the 
Clean Air Act Amendments of 1977) as section 327 and in sub-
section (b) (4) thereof, strike out "103(b) (5)" and insert in lieu 
thereof " 103 (a) (5)"; and 
(84) in title III, add the following new section after section 
= 325: 
"CONSTRUCTION OF CERTAIN CLAUSES 
42 use 7625a. 
"SEC. 326. The parenthetical cross references in any provision of 
this Act to other provisions of the Act, or other provisions of law, 
. 
; 
.where the words "relating to" or "pertaining to" are used, are made 
only for convenience, and shall be given no legal effect.". 
(b) The Clean Air Act Amendments of 1977 (Public Law 95-95) is 
amended as follows: 
Ante, p. 704. 
(]^) jj^ section 111, redesignate the second subsection (b) as 
paragraph (3) and redesignate existing paragraph (3) as para-
• graph (4); 
Ante, p. 745. 
(2) in section 129(a) (2) (C ^ strike out "January 1,1979," and 
insert in lieu thereof "July 1, 1979,"; 
(3) in the next to last sentence of section 129(a) (2), strike "at" 
after "judgment"; 
42 use 7401. 
Ante, p. 785. 
Ante, p. 788. 
Ante, p. 790. 
PUBLIC LAW 95-190—NOV. 16, 1977 
91 STAT. 1405 
(4) in section 129(c), strike out "subpart D" in each place it ^«^e, p. 750. 
appears and insert in lieu thereof "part D of title I" and strike 
out "101" and insert in lieu thereof "110"; 
(5) in section 224(g) strike out "after 'engines' " and insert in Ante, p. 769. 
lieu thereof "after 'engine' "; and 
(6) in section 406(c) strike out "section 110 of this Act" and Ante, p. 796. 
insert in lieu thereof "section 110 of the Clean Air Act". 
Approved November 16, 1977. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-338 accompanying H.R 6827 (Coram, on Interstate and For-
eign Commerce). 
SENATE REPORT No. 95-190 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
May. 24, considered and passed Senate. 
July. 12, considered and passed House, araended, in lieu of H.R. 6827. 
Aug. 5, Senate agreed to House araendraent with amendments. 
Nov. 1, House agreed to one Senate amendment and amended the other; Senate 
concurred in House amendment.