An Act to amend the Clean Air Act, and for other purposes.
PL 95-95 (H.R.6161), enacted 08/07/1977

PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 685 
Public Law 95-95 
95th Congress 
An Act 
To amend the Clean Air Act, and for other purposes. 
Aug. 7, 1977 
[H.R. 6161] 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled. 
Clean Air Act 
Amendments of 
SHORT TITLE AND TABLE OF CONTENTS 
1911. 
SECTION 1. This Act, together with the following table of contents, ^2 USC 7401 
may be cited as the "Clean Air Act Amendments of 1977". 
note.i» 
TABLE OF CONTENTS 
Sec. 1. Short title and table of contents. 
TITLE I—AMENDMENTS RELATING PRIMARILY TO TITLE I OF THE 
CLEAN AIR ACT 
Sec. 101. Training. 
Sec. 102. Waiver of maintenance of effort requirement. 
Sec. 103. Air quality control regions. 
Sec. 104. Criteria and control techniques. 
Sec. 105. Transportation planning and guidelines. 
Sec. 106. Air quality standards. 
Sec. 107. Energy or economic emergency authority. 
Sec. 108. Implementation plans. 
Sec. 109. New source standards of performance. 
Sec. 110. Standards for hazardous air pollutants. 
Sec. 111. Enforcement provisions. 
Sec. 112. Compliance orders (including coal conversion). 
Sec. 113. Notice to State in case of certain inspections, et cetera. 
Sec. 114. International air pollution. 
Sec. 115. President's air quality advisory board. 
See. 116. Control of pollution from Federal facilities. 
Sec. 117. Primary nonferrous smelter orders. 
Sec. 118. Noncompliance penalty. 
Sec. 119. Consultation. 
Sec. 120. Unregulated pollutants. 
Sec. 121. Stack heights. 
Sec. 122. Assurance of plan adequacy. 
Sec. 123. Interstate pollution abatement. 
Sec. 124. Public notification. 
Sec. 125. State boards. 
Sec. 126. Ozone protection. 
Sec. 127. Prevention of significant deterioration. 
Sec. 128. Visability protection. 
Sec. 129. Nonattainment areas. 
TITLE II—AMENDMENTS RELATING PRIMARILY TO TITLE II OF THE 
CLEAN AIR ACT 
Sec. 201. Light-duty motor vehicle emissions. 
Sec. 202. Studies and research objective for oxides of nitrogen. 
„ , , 
Sec. 203. Study and report of fuel consumption. 
, 
^ , .-
Sec. 204. State grants. 
" ' 
' ' 
Sec. 205. Cost of certain emission control parts. 
Sec. 206. Warranties. 
Sec. 207. California waiver. 
Sec. 208. Maintenance instructions. 
Sec. 209. Warranties and motor vehicle parts certification. 
Sec. 210. Repair at owner's place of choosing. 
Sec. 211. High altitude performance adjustments. 
..^'.s'i 
* The Clean Air Act which was formerly classified to 42 USC 1857 et seq. has been transferred and is 
now classified to 42 USC 7401 et seq. Marginal citations to the U.S. Code for sections of the Clean Air Act 
in this slip law are to the new classifications. For former classifications of the Clean Air Act, consult the 
Tables volume of the U.S. Code. 
91 STAT. 686 
PUBLIC LAW 95-95—AUG. 7, 1977 
TABLE OF CONTENTS—Continued 
' 
' 
'" 
TITLE II—AMENDMENTS RELATING PRIMARILY TO TITLE II OF THE 
CLEAN AIR ACT—Continued 
Sec. 212. Dealer certification. 
Sec. 213. High altitude regulations. 
•;; 
Sec. 214. Assurance of protection of public health and safety. 
Sec. 215. Fill pipe standards. 
Sec. 216. Onboard hydrocarbon technology. 
Sec. 217. Test procedures for measuring evaporative emissions. 
Sec. 218. Certain minor and technical and conforming amendments. 
Sec. 219. Tampering. 
Sec. 220. Testing by small manufacturers. 
Sec. 221. Parts standards; preemption of State law. 
Sec. 222. Testing of fuels and fuel additives. 
Sec. 223. Small refineries. 
Sec. 224. Emission standards for heavy duty vehicles or engines and certain 
other vehicles or engines. 
Sec. 225. Aircraft emissions standards. 
Sec. 226. Carbon monoxide intrusion into sustained use vehicles. 
" 
TITLE III—AMENDMENTS RELATING PRIMARILY TO TITLE III OP 
THE CLEAN AIR ACT 
Sec. 301. Definitions. 
Sec. 302. Emergency powers. 
Sec. 303. Citizen suits. 
Sec. 304. Civil litigation. 
Sec. 305. Administrative procedures and judicial review. 
Sec. 306. Sewage treatment grants. 
Sec. 307. Economic impact assessment. 
Sec. 308. Financial disclosure ; conflicts of interest. 
Sec. 309. Air quality monitoring by environmental protection agency. 
Sec. 310. Modeling. 
Sec. 311. Employment effects. 
Sec. 312. Employee protection. 
Sec. 313. National Commission on Air Quality. 
Sec. 314. Vapor recovery. 
Sec. 315. Authorizations. 
TITLE IV—GENERAL AND MISCELLANEOUS PROVISIONS 
Sec. 401. Basis of administrative standards. 
Sec. 402. Interagency cooperation on prevention of environmental cancer and 
heart and lung disease. 
Sec. 403. Studies. 
Sec. 404: Railroad emission study. 
Sec. 405. Study and report concerning economic approaches to controlling air 
pollution. 
Sec. 406. Savings provision; effective dates. 
TITLE I—AMENDMENTS KELATING PEIMARILY TO 
TITLE I OF THE CLEAN AIR ACT 
Grants. 
42 u s e 7403. 
Fees. 
TRAINING 
SEC. 101. (a) Section 103(b) of the Clean Air Act is amended by 
striking out paragraph (5), redesignating the following paragraphs 
accordingly, and adding the following at the end thereof: "In carry-
ing out the provisions of subsection (a), the Administrator shall pro-
vide training for, and make training grants to, personnel of air 
pollution control agencies and other persons with suitable qualifica-
tions and make grants to such agencies, to other public or nonprofit 
private agencies, institutions, and organizations for the purposes 
stated in subsection (a) (5). Reasonable fees may be charged for such 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 687 
training provided to persons other than personnel of air pollution 
control agencies but such training shall be provided to such personnel 
of air pollution control agencies without charge.". 
(b) Section 103(a) of such Act is amended by striking out "train-
ing," in paragraph (1) ; by striking out the period at the end of para-
graph (4) and inserting in lieu thereof "; and"; and by inserting the 
following paragraph at the end thereof: 
"(5) conduct and promote coordination and acceleration of 
training for individuals relating to the causes, effects, extent, 
prevention, and control of air pollution.". 
(c) The Administrator of the Environmental Protection Agency 
shall consult with the House Committee on Science and Technology 
on the environmental and atmospheric research, development, and 
demonstration aspects of this Act. In addition, the reports and studies 
required by this Act that relate to research, development, and demon-
stration issues shall be transmitted to the Committee on Science and 
Technology at the same time they are made available to other commit-
tees of the Congress. 
WAIVER OF MAINTENANCE OF EFFORT REQUIREMENT 
SEC. 102. (a) The third sentence of subsection (b) of section 105 
of the Clean Air Act is amended to read as follows: "No agency shall 
receive any grant under this section during any fiscal year when its 
expenditures of non-Federal funds for other than nonrecurrent 
expenditures for air pollution control programs will be less than its 
expenditures were for such programs during the preceding fiscal year, 
unless the Administrator, after notice and opportunity for public 
hearing, determines that a reduction in expenditures is attributable to 
a nonselective reduction in expenditures in the programs of all execu-
tive branch agencies of the applicable unit of Government; and no 
agency shall receive any grant under this section with respect to the 
maintenance of a program for the prevention and control of air pollu-
tion unless the Administrator is satisfied that such grant will be so 
used to supplement and, to the extent practicable, increase the level of 
State, local, or other non-Federal funds that would in the absence of 
such grant be made available for the maintenance of such program, 
and will in no event supplant such State, local, or other non-Federal 
funds.". 
(b) Subsection (c) of section 105 of such Act is amended by adding 
the following at the end thereof: "In fiscal year 1978 and subsequent 
fiscal years, subject to the provisions of subsection (b) of this section, 
no State shall receive less than one-half of 1 per centum of the annual 
appropriation for grants under this section for grants to agencies 
within such State.". 
42 use 7403. 
Research, 
development, and 
demonstration. 
Consultation with 
House committee. 
Reports and 
studies, 
transmittal to 
congressional 
committees. 
42 u s e 7403 
note. 
Notice and 
hearing. 
42 u s e 7405. 
State agencies, 
availability of 
funds. 
AIR QUALITY CONTROL REGIONS 
SEC. 103. Section 107 of the Clean Air Act is amended by adding the 
following new subsections at the end thereof: 
"(d) (1) For the purpose of transportation control planning, part 
D (relating to nonattainment), part C (relating to prevention of sig-
nificant deterioration of air quality), and for other purposes, each 
State, within one hundred and twenty days after the date of enact-
ment of the Clean Air Act Amendments of 1977, shall submit to the 
Administrator a list, together with a summary of the available infor-
mation, identifying those air quality control regions, or portions 
List, 
noncomplying 
regions. 
42 u s e 7407. 
Post, pp. 746, 
731. 
7 q
i q u
n
91 STAT. 688 
PUBLIC LAW 95-95—AUG. 7, 1977 
List, 
modification. 
Notice. 
Revised lists. 
Air quality 
control regions, 
redesignations. 
Post, p. 705. 
thereof, established pursuant to this section in such State which on the 
date of enactment of the Clean Air Act Amendments of 1977— 
" (A) do not meet a national primary ambient air quality stand-
ard for any air pollutant other than sulfur dioxide or particulate 
matter; 
"(B) do not meet, or in the judgment of the State may not in 
the time period required by an applicable implementation plan 
attain or maintain, any national primary ambient air quality 
standard for sulfur dioxide or particulate matter; 
"(C) do not meet a national secondary ambient air quality 
standard; 
"(D) cannot be classified under subparagraph (B) or (C) of 
this paragraph on the basis of available information, for ambient 
air quality levels for sulfur oxides or particulate matter; or 
"(E) have ambient air quality levels better than any national 
primary or secondary air quality standard other than for sulfur 
dioxide or particulate matter, or for which there is not sufficient 
data to be classified under subparagraph (A) or (C) of this 
paragraph. 
"(2) Not later than sixty days after submittal of the list under 
paragraph (1) of t^iis subsection the Administrator shall promulgate 
each such list with such modifications as he deems necessary. When-
ever the Administrator proposes to modify a list submitted by a State, 
he shall notify the State and request all available data relating to 
such region or portion, and provide such State with an opportunity 
to demonstrate why any proposed modification is inappropriate. 
"(4) Any region or portion thereof which is not classified under 
subparagraph (B) or (C) of paragraph (1) of this subsection for 
sulfur dioxide or particulate matter within one hundred and eighty 
days after enactment of the Clean Air Act Amendments of 1977 shall 
be deemed to be a region classified under subparagraph (D) of para-
graph (1) of this subsection. 
"(5) A State may from time to time review, and as appropriate 
revise and resubmit, ithe list required under this subsection. The Admin-
istrator shall consider and promulgate such revised list in accordance 
with this subsection. 
"(e) (1) Except as otherwise provided in paragraph (2), the Gover-
nor of each State is authorized, with the approval of the Administrator, 
to redesignate from time to time the air quality control regions within 
such State for purposes of efficient and effective air quality manage-
ment. Upon such redesignation, the list under subsection (d) shall be 
modified accordingly. 
"(2) In the case of an air quality control region in a State, or part 
of such region, which the Administrator finds may significantly affect 
air pollution concentrations in another State, the Governor of the State 
in which such region, or part of a region, is located may redesignate 
from time to time the boundaries of so much of such air quality control 
region as is located within such State only with the approval of the 
Administrator and with the consent of all Governors of all States 
which the Administrator determines may be significantly affected. 
"(3) No compliance date extension granted under section 113(d) 
(5) (relating to coal conversion) shall cease to be effective by reason 
of the regional limitation provided in section 113(d) (6) if the viola-
tion of such limitation is due solely to a redesignation of a region under 
this subsection." 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 689 
' 
" ^ 
' 
CRITERIA AND CONTROL TECHNIQUES 
SEC. 104. (a) The first sentence of section 108(b) (1) of the Clean 
Air Act is amended by striking the words "technology and costs of 
emission control" and inserting in lieu thereof the words "cost of instal-
lation and operation, energy requirements, emission reduction benefits, 
and environmental impact of the emission control technology". 
(b) Section 108(c) of such Act is amended by adding the following 
at the end thereof: "Not later than six months after the date of the 
enactment of the Clean Air Act Amendments of 1977, the Administra-
tor shall revise and reissue criteria relating to concentrations of NO2 
over such period (not more than three hours) as he deems appropriate. 
Such criteria shall include a discussion of nitric and nitrous acids, 
nitrites, nitrates, nitrosamines, and other carcinogenic and potentially 
carcinogenic derivatives of oxides of nitrogen.". 
42 use 7408. 
NO2 criteria, 
revision and 
reissuance. 
TRANSPORTATION PLANNING AND GUIDELINES 
SEC. 105. Section 108 of the Clean Air Act is amended by adding the 
following new subsections at the end thereof: 
"(e) The Administrator shall, after consultation with the Secretary 
of Transportation and the Secretary of Housing and Urban Develop-
ment and State and local officials and within 180 days after the enact-
ment of this subsection, and from time to time thereafter, publish 
guidelines on the basic program elements for the planning process 
assisted under section 175 of part D. Such guidelines shall include 
information on— 
"(1) methods to identify and evaluate alternative planning and 
control activities; 
" (2) methods of reviewing plans on a regular basis as conditions 
change or new information is presented; 
"(3) identification of funds and other resources necessary to 
implement the plan, including interagency agreements on provid-
ing such funds and resources; 
"(4) methods to assure participation by the public in all phases 
of the planning process; and 
"(5) such other methods as the Administrator determines nec-
essary to carry out a continuous planning process. 
"(f)(1) The Administrator shall publish and make available to 
appropriate Federal agencies, States, and air pollution control agen-
cies, including agencies assisted under section 175 within 6 months 
after enactment of this subsection for clauses (i), (ii), (iii), and (iv) 
of subparagraph (A) and within one year after the enactment of this 
subsection for the balance of this subsection (and from time to time 
thereafter), 
" (A) information, prepared, as appropriate, in cooperation with 
the Secretary of Transportation, regarding processes, procedures, 
and methods to reduce or control each such pollutant, including 
but not limited to— 
"(i) motor vehicle emission inspection and maintenance 
programs; 
" (ii) programs to control vapor emissions from fuel trans-
fer and storage operations and operations using solvents; 
P^p:,. 4. 
"(iii) programs for improved public transit; 
"(iv) programs to establish exclusive bus and carpool 
lanes and area 
wide carpool programs; 
Federal, State, 
and local 
agencies, 
consultation. 
Publication. 
Post, p. 746. 
Contents. 
Information, 
publication. 
Availability to 
Federal and State 
agencies. 
91 STAT. 690 
PUBLIC LAW 95-95—AUG. 7, 1977 
" (v) programs to limit portions of road surfaces or certain 
sections of the metropolitan areas to the use of common car-
riers, both as to time and place; 
"(vi) programs for long-range transit improvements 
involving new transportation policies and transportation 
facilities or major changes in existing facilities; 
" (vii) programs to control on-street parking; 
"(viii) programs to construct new parking facilities and 
operate existing parking facilities for the purpose of park 
and ride lots and fringe parking; 
" (ix) programs to limit portions of road surf aces or certain 
sections of the metropolitan area to the use of nonmotorized 
vehicles or pedestrian use, both as to time and place; 
" (x) provisions for employer participation in programs to 
encourage carpooling, vanpooling, mass transit, bicycling, 
and walking; 
"(xi) programs for secure bicycle storage facilities and 
other facilities, including bicycle lanes, for the convenience 
and protection of bicyclists, in both public and private areas; 
" (xii) programs of staggered hours of work; 
"(xiii) programs to institute road user charges, tolls, or 
differential rates to discourage single occupancy automobile 
trips; 
"(xiv) programs to control extended idling of vehicles; 
"(xv) programs to reduce emissions by improvements in 
traffic flow; 
"(xvi) programs for the conversion of fleet vehicles to 
cleaner engines or fuels, or to otherwise control fleet vehicle 
operations; 
"(xvii) programs for retrofit of emission devices or con-
trols on vehicles and engines, other than light duty vehicles, 
not subject to regulations under section 202 of title II of 
Post, pjp. 
this Act; and 
751-753, 
"(xviii) programs to reduce motor vehicle emissions which 
7fi7~7fio' 7m' 
^^^ caused by extreme cold start conditions; 
767, 769, 791. 
"(B) information on additional methods or strategies that will 
contribute to the reduction of mobile source related pollutants 
during periods in which any primary ambient air quality standard 
will be exceeded and during episodes for which an air pollution 
alert, warning, or emergency has been declared; 
"(C) information on other measures which may be employed 
to reduce the impact on public health or protect the health of 
sensitive or susceptible individuals or groups; and 
"(D) information on the extent to which any process, proce-
dure, or method to reduce or control such air pollutant may cause 
an increase in the emissions or formation of any other pollutant. 
Additional 
"(2) In publishing such information the Administrator shall also 
information. 
include an assessment of— 
"(A) the relative effectiveness of such processes, procedures, 
and methods; 
"(B) the potential effect of such processes, procedures, and 
methods on transportation systems and the provision of transpor-
tation services; and 
"(C) the environmental, energy, and economic impact of such 
processes, procedures, and methods.". 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 691 
AIR QUALITY STANDARDS 
SEC. 106, (a) Section 109 of the Clean Air Act, as amended by 
subsection (b) of this section, is amended by adding the following 
new subsection at the end thereof: 
"(d) (1) Not later than December 31,1980, and at five-year intervals 
thereafter, the Administrator shall complete a thorough review of the 
criteria published under section 108 and the national ambient air qual-
ity standards pronmlgated under this section and shall make such 
revisions in such criteria and standards and promulgate such new 
standards as may be appropriate in accordance with section 108 and 
subsection (b) of this section. The Administrator may review and 
revise criteria or promulgate new standards earlier or more frequently 
than required under this paragraph. 
"(2) (A) The Administrator shall appoint an independent scientific 
review committee composed of seven members including at least one 
member of the National Academy of Sciences, one physician, and one 
person representing State air pollution control agencies. 
"(B) Not later than January 1, 1980, and at five-year intervals 
thereafter, the committee referred to in subparagraph (A) shall com-
plete a review of the criteria published under section 108 and the 
national primary and secondary ambient air quality standards pro-
mulgated under this section and shall recommend to the Administrator 
any new national ambient air quality standards and revisions of exist-
ing criteria and standards as may be appropriate under section 108 and 
subsection (b) of this section. 
"(C) Such committee shall also (i) advise the Administrator of 
areas in which additional knowledge is required to appraise the ade-
quacy and basis of existing, new, or revised national ambient air 
quality standards, (ii) describe the research efforts necessary to pro-
vide the required information, (iii) advise the Administrator on the 
relative contribution to air pollution concentrations of natural as well 
as anthropogenic activity, and (iv) advise the Administrator of any 
adverse public health, welfare, social, economic, or energy effects which 
may result from various strategies for attainment and'maintenance 
of such national ambient air quality standards.". 
/ 
(b) Section 109 of such Act is amended by adding the following new 
subsection at the end thereof: 
"(c) The Administrator shall, not later than one year after the date 
of the enactment of the Clean Air Act Amendments of 1977, promul-
gate a national primary ambient air quality standard for NO2 concen-
trations over a period of not more than 3 hours unless, based on the 
criteria issued under section 108 (c), he finds that there is no significant 
evidence that such a standard for such a period is requisite to protect 
public health.". 
42 use 7409. 
Review and 
revision. 
Ante, p. 689; 
Post, p. 790. 
Scientific review 
committee, 
appointment. 
NO2 standards, 
promulgation. 
Supra. 
ENERGY OR ECONOMIC EMERGENCY AUTHORITY 
SEC. 107. (a) Section 110(f) of the Clean Air Act is amended to 
read as follows: 
"(f) (1) Upon application by the owner or operator of a fuel burn-
ing stationary source, and after notice and opportunity for public 
hearing, the Governor of the State in which such source is located may 
petition the President to determine that a national or regional energy 
emergency exists of such severity that— 
Energy 
emergency, 
Presidential 
determination. 
Notice and 
hearing. 
Petition. 
42 u s e 7410. 
91 STAT. 692 
PUBLIC LAW 95-95—AUG. 7, 1977 
Energy 
emergency, plan 
suspension. 
Requirements. 
Suspension 
period. 
Post, p. 694. 
Compliance 
schedule delay. 
Post, pp. 709, 
712. 
Post, p. 705. 
Temporary 
economic 
emergency, 
plan suspension. 
42 u s e 7410. 
"(A) a temporary suspension of any part of the applicable 
implementation plan may be necessary, and 
"(B) other means of responding to the energy emergency may 
be inadequate. 
Such determination shall not be delegable by the President to any 
other person. If the President determines that a national or regional 
energy emergency of such severity exists, a temporary emergency 
suspension of any part of an applicable implementation plan adopted 
by the State may be issued by the Governor of any State covered by 
the President's determination under the condition specified in para-
graph (2) and may take effect immediately. 
"(2) A temporary emergency suspension under this subsection shall 
be issued to a source only if the Governor of such State finds that— 
"(A) there exists in the vicinity of such source a temporary 
energy emergency involving high levels of unemployment or 
loss of necessary energy supplies for residential dwellings; and 
' 
"(B) such unemployment or loss can be totally or partially alle-
viated by such emergency suspension. 
Not more than one such suspension may be issued for any source on 
the basis of the same set of circumstances or on the basis of the same 
emergency. 
" (3) A temporary emergency suspension issued by a Governor under 
this subsection shall remain in ejffect for a maximum of four months 
or such lesser period as may be specified in a disapproval order of 
the Administrator, if any. The Administrator may disapprove such 
suspension if he determines that it does not meet the requirements of 
paragraph (2). 
"(4) This subsection shall not apply in the case of a plan provision 
or reouirement promulgated by the Administrator under subsection 
(c) of this section, but in any such case the President may grant a 
temporary emergency suspension for a four month period of any such 
provision or requirement if he makes the determinations and findings 
specified in paragraphs (1) and (2). 
"(5) The Governor may include in any temporary emersjency sus-
pension issued under this subsection a provision delaying for a period 
identical to the period of such suspension any compliance S'^hednle 
(or increment of progress) to which such source is subiect under 
section 119, as in effect before the date of the enactment of this para-
graph or section 113(d) of this Act, upon a finding that such source 
is unable to comply with such schedule (or increment) solely because 
of the conditions on the basis of which a suspension was issued under 
this subsection.". 
(b) Section 110 of such Act is amended by adding the following new 
subsection at the end thereof: 
"(g) (1) In the case of any State which has adopted and submitted 
to the Administrator a proposed plan revision which the State 
determines— 
" (A) meets the requirements of this section, and 
' 
" (B) is necessary (i) to prevent the closing for one year or more 
of any source of air pollution, and (ii) to prevent substantial in-
creases in unemployment which would result from such closing, 
and 
which the Administrator has not approved or disapproved under this 
section within the required four month period, the Governor may issue 
a temporary emergency suspension of the part of the applicable imple-
mentation plan for such State which is proposed to be revised with 
respect to such source. The determination under subparagraph (B) 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 693 
may not be made with respect to a source which would close without 
regard to whether or not the proposed plan revision is approved. 
"(2) A temporary emergency suspension issued by a Governor 
under this subsection shall remain in effect for a maximum of four 
months or such lesser period as may be specified in a disapproval order 
of the Administrator. The Administrator may disapprove such suspen-
sion if he determines that it does not meet the requirements of this 
subsection. 
"(3) The Governor may include in any temporary emergency sus-
pension issued under this subsection a provision delaying for a period 
identical to the period of such suspension any compliance schedule (or 
increment of progress) to which such source is subject under section 
119 as in effect before the date of the enactment of this paragraph, or 
under section 113(d) upon a finding that such source is unable to 
comply with such schedule (or increment) solely because of the 
conditions on the basis of which a suspension was issued under this 
subsection.". 
IMPLEMENTATION PLANS 
Suspension 
period. 
Compliance 
schedule delay. 
Post, pp. 709, 
712. 
Post, p. 705. 
Contents. 
42 u s e 7410. 
Post, pp. 731, 
746. 
SEC. 108. (a)(1) Section 110(a)(2)(A) of the Clean Air Act is 
amended by inserting "except as may be provided in subparagraph 
(I) "after''(A)". 
(2) Section 110(a) (2) (B) of such Act is amended by striking out 
"land-use and" and by inserting after "transportation controls" the 
following: ", air quality maintenance plans, and preconstruction 
review of direct sources of air pollution as provided in subparagraph 
(D)". 
(3) Section 110(a) (2) (D) of such Act is amended by inserting 
after "(D) it includes" and before "a procedure" the following: "a 
program to provide for the enforcement of emission limitations and 
regulation of the modification, construction, and operation of any sta-
tionary source, including a permit program as required in parts C and 
D ai^d a permit or equivalent program for any major emitting facility, 
within such region as necessary to assure (i) that national ambient air 
quality standards are achieved and maintained, and (ii)". 
(4) Section 110(a) (2) (E) of such Act is amended to read as 
follows: 
"(E) it contains adequate provisions (i) prohibiting any sta-
tionary source within the State from emitting any air pollutant 
in amounts which will (I) prevent attainment or maintenance by 
any other State of any such national primary or secondary ambient 
\ 
air quality standard, or (II) interfere with measures required to 
be included in the applicable implementation plan for any other 
State under part C to prevent significant deterioration of air 
quality or to protect visibility, and (ii) insuring compliance with 
the requirements of section 126, relating to interstate pollution Post, p. 724. 
abatement:". 
(5) Section 110(a) (2) (F) of such Act is amended by striking out 
"and" before " (v)" and by inserting the following at the end thereof: 
"and (vi) requirements that the State comply with the requirements 
respecting State boards under section 128;" after "such authority;" Post, p. 725. 
(6) (A) Section 110(a) (2) (H) (ii) of such Act is amended by 
inserting after "to achieve the national ambient air quality primary 
or secondary standard which it implements" the following: "or to 
otherwise comply with any additional requirements established under 
the Clean Air Act Amendments of 1977". 
91 STAT. 694 
PUBLIC LAW 95-95—AUG. 7, 1977 
State 
implementation 
plan, contents. 
42 u s e 7410. 
Nonattainment 
area, construction 
limitation. 
Post, p. 746. 
Post, p. 746. 
Post, p. 719. 
Post, p. 725. 
Fee. 
State 
implementation 
plan, revision. 
Post, p. 711. 
Post, p. 705. 
Ante, pp. 691, 
692. 
Post, pp. 709, 
712. 
Implementation 
plan, regulations. 
Post, p. 719. 
(B) Section 110(a) (2) (H) (ii) of such Act is amended by inserting 
"except as provided in paragraph (3)(C)," before "whenever". 
(b) Section 110(a) (2) of the Clean Air Act is amended by striking 
out "and" at the end of subparagraph (G), striking out the period 
at the end of subparagraph (H), and by adding the following new 
subparagraphs at the end thereof: 
"(I) it provides that after June 30, 1979, no major stationary 
source shall be constructed or modified in any nonattainment area 
(as defined in section 171(2)) to which such plan applies, if the 
emissions from such facility will cause or contribute to concen-
trations of any pollutant for which a national ambient air quality 
standard is exceeded in such area, unless, as of the time of 
application for a permit for such construction or modification, 
such plan meets the requirements of part D (relating to non-
attainment areas); 
"(J) it meets the requirements of section 121 (relating to con-
sultation), section 127 (relating to public notification), part C 
(relating to prevention of significant deterioration of air qual-
ity and visibility protection), and 
"(K) it requires the owner or operator of each major stationary 
source to pay to the permitting authority as a condition of any 
permit required under this Act a fee sufficient to cover— 
"(i) the reasonable costs of reviewing and acting upon any 
application for such a permit, and 
"(ii) if the owner or operator receives a permit for such 
source, whether before or after the date of enactment of this 
subparagraph, the reasonable costs (incurred after such date 
of enactment) of implementing and enforcing the terms and 
conditions of any such permit (not including any court costs 
or other costs associated with any enforcement action).". 
(c) Section 110(a) (3) of such Act is amended by adding the follow-
ing new subparagraph at the end thereof: 
"(C) Neither the State, in the case of a plan (or portion thereof) 
approved under this subsection, nor the Administrator in the case of 
a plan (or portion thereof) promulgated under subsection (c), shall 
be required to revise an applicable implementation plan because one 
or more exemptions under section 118 (relating to Federal facilities), 
enforcement orders under section 113(d), suspensions under section 
110 (f) or (g) (relating to temporary energy or economic authority) 
or orders under section 119 (relating to primary nonferrous smelters) 
have been granted, if such plan would have met the requirements of 
this section if no such exemptions, orders, extension, or variances had 
been granted.". 
(d)(1) Section 110(c) (1) of such Act is amended by adding the 
following new sentence at the end thereof: "Notwithstanding the 
preceding sentence, any portion of a plan relating to any measure 
described in the first sentence of section 121 (relating to consultation) 
or the consultation process required under such section 121 shall not be 
required to be promulgated before the date eight months after such 
date required for submission.". 
(2) Section 110(c) (1) (A) of such Act is amended to read as 
follows: 
"(A) the State fails to submit an implementation plan which 
meets the requirements of this section,". 
(3) Section 110(c) of such Act is amended by adding the following 
new paragraphs at the end thereof: 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 695 
"(3) Upon application of the chief executive officer of any general 
purpose unit of local government, if the Administrator determines 
that such unit has adequate authority under State or local law, the 
Administrator may delegate to such unit the authority to implement 
and enforce within the jurisdiction of such unit any part of a plan 
promulgated under this subsection. Nothing in this paragraph shall 
prevent the Administrator from implementing or enforcing any 
applicable provision of a plan promulgated under this subsection. 
" (4) In the case of any applicable implementation plan containing 
measures requiring— 
"(A) 
retrofits on other than commercially owned in-use 
vehicles, 
"(B) gas rationing which the Administrator finds would have 
seriously disruptive and widespread economic or social effects, or 
"(C) the reduction of the supply of on-street parking spaces, 
the Governor of the State may, after notice and opportunity for 
public hearing, temporarily suspend such measures notwithstanding 
the requirements of this section until January 1, 1979, or the date 
on which a plan revision under section 110(a)(2)(I) is submitted, 
whichever is earlier. No such suspension shall be granted unless the 
State agrees to prepare, adopt, and submit such plan revision as 
determined by the Administrator. 
"(5) (A) Any measure in an applicable implementation plan which 
requires a toll or other charge for the use of a bridge located entirely 
within one city shall be eliminated from such plan by the Admin-
istrator upon application by the Governor of the State, which appli-
cation shall include a certification by the Governor that he will revise 
such plan in accordance with subparagraph (B). 
"(B) In the case of any applicable implementation plan with 
respect to which a measure has been eliminated under subparagraph 
(A), such plan shall, not later than one year after the date of the 
enactment of this subparagraph, be revised to include comprehensive 
measures (including the written evidence required by part D), to: 
"(i) establish, expand, or improve public transportation 
measures to meet basic transportation needs, as expeditiously as 
is practicable; and 
"(ii) implement transportation control measures necessary to 
attain and maintain national ambient air quality standards, 
and such revised plan shall, for the purpose of implementing such 
comprehensive public transportation measures, include requirements 
to use (insofar as is necessary) Federal grants. State or local funds, 
or any combination of such grants and funds as may be consistent 
with the terms of the legislation providing such grants and funds. 
Such measures shall, as a substitute for the tojls of charges eliminated 
under subparagraph (A), provide for emissions reductions equivalent 
to the reductions which may reasonably be expected to be achieved 
through the use of the tolls or charges eliminated. 
"(C) Any revision of an implementation plan for purposes of 
meeting the requirements of subparagraph (B) shall be submitted in 
coordination w^th any plan revision required under part D.". 
(e) Section 110(a) of such Act is amended by adding at the end 
thereof the following new paragraphs: 
"(5) (A) (i) Any State may include in a State implementation plan, 
but the Administrator may not require as a condition of approval of 
such plan under this section, any indirect source review program. 
The Administrator may approve and enforce, as part of an applicable 
Plan, State 
implementation 
and enforcement. 
Temporary 
suspension. 
Notice and 
hearing. 
Ante, p. 694. 
Certain bridge 
tolls, elimination. 
Implementation 
plan, public 
transportation 
measures, 
revision. 
Post, p. 746 
Indirect source 
review program. 
Ante, p. 693. 
91 STAT. 696 
PUBLIC LAW 95-95—AUG. 7, 1977 
Ante, pp. 
693-695. 
Ante, p. 694. 
Definitions. 
42 use 7410. 
Post, p. 705. 
Post, pp. 709, 
712. 
42 use 7410. 
State documents. 
Publication in 
Federal Register. 
implementation plan, an indirect source review program which the 
State chooses to adopt and submit as part of its plan. 
"(ii) Except as provided in subparagraph (B), no plan promul-
gated by the Administrator shall include any indirect source review 
program for any air quality control region, or portion thereof. 
"(iii) Any State may revise an applicable implementation plan 
approved under section 110(a) to suspend or revoke any such program 
included in such plan, provided that such plan meets the requiraments 
of this section. 
"(B) The Administrator shall have the authority to promulgate, 
implement and enforce regulations under section 110(c) respecting 
indirect source review programs which apply only to federally assisted 
highways, airports, and other major federally assisted indirect sources 
and federally owned or operated indirect sources. 
"(C) For purposes of this paragraph, the term 'indirect source' 
means a facility, building, structure, installation, real property, road, 
or highway which attracts, or may attract, mobile sources of pollu-
tion. Such term includes parking lots, parking garages, and other 
facilities subject to any measure for management of parking supply 
(within the meaning of section 110(c) (2) (D) (ii)), including regula-
tion of existing off-street parking but such term does not include new 
or existing on-street parking. Direct emissions sources or facili-
ties at, within, or associated with, any indirect source shall not be 
deemed indirect sources for the purpose of this paragraph. 
"(D) For purposes of this paragraph the term 'indirect source 
review program' means the facility-by-facility preconstruction or pre-
modification review of indirect sources of air pollution, including such 
measures as are necessary to assure, or assist in assuring, that a new 
or modified indirect source will not attract mobile sources of air pol-
lution, the emissions from which would cause or contribute to air 
pollution concentrations— 
"(i) exceeding any national primaiy ambient air quality 
standard for a mobile source-related air pollutant after the pri-
mary standard attainment date, or 
"(ii) preventing maintenance of any such standard after such 
date. 
" ( E ) For purposes of this paragraph and paragraph (2) (B), the 
term 'transportation control measure' does not include any measure 
which is an 'indirect source review program'. 
"(6) No State plan shall be treated as meeting the requirements of 
this section unless such plan provides that in the case of any source 
which uses a supplemental, or intermittent control system for purposes 
of meeting the requirements of an order under section 113(d) or sec-
tion 119 (relating to primary nonferrous smelter orders), the owner 
or operator of such source may not temporarily reduce the pay of any 
employee by reason of the use of such supplemental or intermittent 
or other dispersion dependent control system.". 
(f) Section 110(d) of such Act is amended by striking out "imple-
ments" and all that follows down through the period at the end thereof 
and inserting in lieu thereof "implements the requirements of this 
section.". 
(g) Section 110 of such Act is amended by adding the following new 
subsections at the end thereof: 
"(g) (1) ^ o t later than one year after the date of enactment of the 
Clean Air Act Amendments of 1977 and annually thereafter, the 
Administrator shall assemble and publish a comprehensive document 
for each State setting forth all requirements of the applicable imple-
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 697 
mentation plan for such State and shall publish notice in the Federal 
Register of the availability of such documents. Each such document 
shall be revised as frequently as practicable but not less often than 
annually. 
" (2) The Administrator may promulgate such regulations as may be 
reasonably necessary to carry out the purpose of this subsection. 
"(h) Except for a primary nonferrous smelter order under section 
119, a suspension under section 110 (f) or (g) (relating to emergency 
suspensions), an exemption under section 118 (relating to certain Fed-
eral facilities), an order under section 113(d) (relating to compliance 
orders), a plan promulgation under section 110(c), or a plan revision 
under section 110(a) (3), no order, suspension, plan revision, or other 
action modifying any requirement of an applicable implementation 
plan may be taken with respect to any stationary source bj'^ the State or 
by the Administrator. 
"(i) As a condition for issuance of any permit required under this 
title, the owner or operator of each new or modified stationary source 
which is required to obtain such a permit must show to the satisfac-
tion of the permitting authority that the technological system of con-
tinuous emission reduction which is to be used at such source will 
enable it to comply with the standards of performance which are to 
apply to such source and that the constniction or modification and 
operation of such source will be in compliance with all other require-
ments of this Act.". 
Regulations. 
Modification of 
requirements, 
prohibition. 
Post, pp. 709, 
712. 
\ 
Ante, pp. 691, 
692. 
Post, p. 711. 
Post, p. 705. 
Ante, p. 694. 
Regulations. 
42 u s e 7411. 
NEW SOURCE STANDARDS OF PERFORMANCE 
SEC. 109. (a) Section 111 of the Clean Air Act is amended by adding 
the following new subsections at the end thereof: 
"(f) (1) Not later than one year after the date of enactment of this 
subsection, the Administrator shall promulgate regulations listing 
under subsection (b) (1) (A) the categories of major stationary sources Post, p- 791 
which are not on the date of the enactment of this subsection included 
on the list required under subsection (b) (1) (A). The Administrator 
shall promulgate regulations establishing standards of performance 
for the percentage of such categories of sources set forth in the follow-
ing table before the expiration of the corresponding period set forth 
in such table: 
Period by which stand-
ards must be promul-
gated after date list 
"Percentage of source categories required to be 
is required to be pro-
listed for which standards must be established: 
mulgated : 
25 
2 years. 
75 
3 years. 
100 
4 years. 
"(2) In determining priorities for promulgating standards for cate-
gories 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 
State officers, 
consultation. 
91 STAT. 698 
PUBLIC LAW 95-95—AUG. 7, 1977 
Regulations, 
revision. 
Application, 
State Governor. 
Post, p. 791. 
Hazardous air 
pollutants list, 
revision. 
Post, pp. 701, 
703, 791. 
Stationary 
sources, 
standards. 
Application, 
administrative 
action. 
Notice and 
hearing. 
this subsection, the Administrator shall consult with appropriate rep-
resentatives of the Governors and of State air pollution control 
agencies. 
"(g)(1) Upon application by the Governor of a State showing 
that the Administrator has failed to specify in regulations under sub-
section (f) (1) 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) contributes significantly to air pollution which 
may reasonably be anticipated to endanger public health or welfare 
(notwithstanding that such categoi-y is not a category of major station-
ary 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 imder subsection (f) (2), the Administrator shall revise 
the list under subsection (b) (1) (A) 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 subsection (b) for such 
category no longer reflects the greatest degree of emission limita-
tion achievable through application of the best technological sys-
tem 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) 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 112, 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 th"t any 
category of stationary sources of a hazardous air pollutant listed under 
section 112 is not subject to emission standards under such section, the 
Administrator shall propose and promulgate such emission standards 
applicable to such category of sources. 
"(7) Unless later deadlines for action of the Administrator are 
otherwise prescribed under this section or section 112, the Adminis-
trator 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. 
"(8) Before taking any action required by subsection (f) or by this 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 699 
subsection, the Administrator shall provide notice and opportunity 
for public hearing. 
"(h)(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 ade-
quately 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 pollu-
tants cannot be emitted through a conveyance designed and con-
structed 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 per-
son establishes to the satisfaction of the Administrator that an alter-
native 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 alter-
native by the source for purposes of compliance with this section with 
respect to such pollutant. 
"(4) Any standard promulgated under paragraph (1) shall be 
promul'vated in terms of standard of performance whenever it 
becomes feasible to promulgate and enforce such standard in such 
terms. 
" (i) Any regulations promulgated by the Administrator under this 
section applicable to grain elevators shall not apply to country ele-
vators (as defined by the Administrator) which have a storage capac-
ity of less than two million five hundred thousand bushels." 
(b)(1) Section 111(d)(1) of such Act is amended by striking 
out "emissions standards" in each place it appears and inserting 
in lieu thereof "standards of performance" and by adding at the 
end thereof the following new sentence: "Regulations of the Admin-
istrator 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) Section 111(d) (2) of such Act is amended by adding at the 
end thereof the following new sentence: "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.". 
(c)(1)(A) Section 111(a)(1) of the Clean Air Act, defining 
standard of performance, is amended to read as follows: 
Design or 
equipment 
standards. 
"Not feasible to 
prescribe or 
enforce a 
standard of 
performance." 
Alternative 
emission 
limitation. 
Notice and 
hearing. 
Standards of 
performance. 
42 u s e 7411. 
"Standard of 
performance." 
91 STAT. 700 
PUBLIC LAW 95-95—AUG. 7, 1977 
Infra. 
Ante, p. 699. 
"Technological 
system of 
continuous 
emission 
reduction." 
Post, p. 703. 
42 u s e 7411. 
Standards for 
new sources, 
revision. 
1-.. t 
VJ;::. "(1) The term 'standard of performance' means— 
"(A) with respect to any air pollutant emitted from a 
category of fossil fuel fired stationary sources to which sub-
section (b) applies, a standard— 
"(i) establishing allowable emission limitations for 
such category of sources, and 
"(ii) requiring the achievement of a percentage reduc-
tion in the emissions from such category of sources from 
the emissions which would have resulted from the use of 
fuels which are not subject to treatment prior to com-
bustion, 
"(B) with respect to any air pollutant emitted from a cate-
gory of stationary sources (other than fossil fuel fired sources) 
to which subsection (b) applies, a standard such as that 
referred to in subparagraph (A) (i); and 
"(C) with respect to any air pollutant emitted from a par-
ticular source to which subsection (d) applies, a standard 
which the State (or the Administrator under the conditions 
specified in subsection (d)(2)) determines is applicable to 
that source and which reflects the degree of emission reduc-
tion achievable through the application of the best system 
of continuous emission reduction which (taking into consid-
eration the cost of achieving such emission reduction, and any 
nonair quality health and environmental impact and energy 
requirements) the Administrator determines has been ade-
quately demonstrated for that category of sources. 
For the purpose of subparagraphs (A) (i) and (ii) and (B), a stand-
ard of performance shall reflect the degree of emission limitation and 
the percentage reduction achievable through application of the best 
technological system of continuous emission reduction which (taking 
into consideration the cost of achieving such emission reduction, any 
nonair quality health and environmental impact and energy require-
ments) the Administrator determines has been adequately demon-
strated. 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.". 
(B) Section 111(a) of such Act is further amended by adding the 
following new paragraph at the end thereof: 
"(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 nonpollut-
ing, 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 clean-
ing or treatment of fuels.". 
(2) Section 111(b)(1)(B) of such Act is amended by striking: out 
"may, from time to time," in the next to last sentence thereof and by 
inserting in lieu thereof "shall, at least every four years, review and, if 
appropriate,". 
(3) Section 111(b) of such Act is further amended by inserting at 
the end thereof the following: 
"(5) Except as otherwise authorized under subsection (h), nothing 
in this section shall be construed to require, or to authorize the Admin-
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 701 
istrator 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) shall be promulgated not later 
than one year after enactment of this paragraph. 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.". 
(d)(1) The second sentence of section 111(c)(1) is amended by 
striking out "(except with respect to new sources owned or operated 
by the United States)". 
(2) The second sentence of section 112(d) (1) is amended by strik-
ing out "(except with respect to stationarv sources owned or operated 
by the United States)". 
(3) The second sentence of section 114(b)(1) is amended by strik-
ing out "(except with respect to new sources owned or operated by 
the United States)". 
(e) Section 111 of such Act is amended by adding the following new 
subsections at the end thereof: 
y 
"(j) As a condition for issuance of any permit required under this 
title, the owner or operator of each jiew or modified stationary source 
which is required to obtain such a permit must show to the satisfaction 
of the permitting authority that the technological system of continuous 
emission reduction which is to be used at such source will enable it to 
comply with the standards of performance which are to apply to such 
source and that the construction or modification and operation of such 
source will be in compliance with all other requirements of this Act. 
"(k) (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 tech-
nological 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 envir-
onmental impact, 
"(iii) the owner or operator of the proposed source has dem-
onstrated to the satisfaction of the Administrator that the pro-
posed 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 require-
ments 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 
Revised 
standards, 
enactment date. 
Ante, p. 699. 
42 use 7411. 
42 use 7412. 
42 use 7414. 
Permit 
conditions. 
Ante, p. 697. 
*%4 Z^*^''^ 
Waiver. 
Notice and 
hearing. 
91 STAT. 702 
PUBLIC LAW 95-95—AUG. 7, 1977 
Ante, p. 700; 
Post, p. 791. 
Tests. 
Waiver terms and 
conditions. 
Post, pp. 704, 
705. 
Termination date. 
Requirements 
extension. 
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 emis-
sions 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 subsection (b) of 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 perform-
ance for the purposes of subsection (e) of this section and section 113. 
"{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 con-
sultation 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 
(l)(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 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 703 
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 subsection (b) of this section. Such 
period shall not extend beyond the date three years from the time 
such waiver is terminated. 
"(8) 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 pur-
poses of subsection (e) of this section and section 113.". 
(f) Section 111(a) of such Act is amended by adding the following 
new paragraph at the end thereof: 
"(7) A conversion to coal (A) by reason of an order under section 
2(a) of the Energy Supply and Environmental Coordination Act of 
1974 or any amendment thereto, or any subsequent enactment which 
supersedes such Act, or (B) which qualifies under section 113(d) (5) 
(A) (ii) of this Act, shall not be deemed to be a modification for 
purposes of paragraphs (2) and (4) of this subsection.". 
Ante, p. 700; 
Post, p. 791. 
Emission limits. 
Compliance 
schedule. 
42 u s e 7413. 
Post, pp. 704, 
705. 
Ante, p. 700. 
15 u s e 792. 
Post, p. 705. 
EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
SEC. 110. Section 112 of the Clean Air Act is amended by adding 
the following new subsection at the end thereof: 
"(e)(1) For purposes of this section, if in the judgment of the 
Administrator, it is not feasible to prescribe or enforce an emission 
standard for control of a hazardous air pollutant or pollutants, he 
may instead promulgate a design, equipment, work practice, or oper-
ational standard, or combination thereof, which in his judgment is 
adequate to protect the public health from such pollutant or pollutants 
with an ample margin of safety. 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 an emission standard' means any situation in which 
the Administrator determines that (A) a hazardous pollutant or pol-
lutants cannot be emitted through a conveyance designed and con-
structed 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 method-
ology to a particular class of sources is not practicable due to tech-
nological or economic limitations. 
"(3) If after notice and opportunity for public hearing, any per-
son establishes to the satisfaction of the Administrator that an alter-
native 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 alterna-
tive 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 an emission standard whenever it becomes 
feasible to promulgate and enforce such standard in such terms.". 
Design or 
equipment 
standards. 
42 use 7412. 
"Not feasible to 
prescribe or 
enforce an 
emission 
standard." 
Alternative 
emission 
limitation. 
Notice and 
hearing. 
91 STAT. 704 
PUBLIC LAW 95-95—AUG. 7, 1977 
Administrative 
order. 
42 u s e 7413. 
Post, p. 745. 
Ante, p. 694. 
Post, p. 746. 
Infra. 
Post, p. 714. 
Penalty. 
Costs. 
Post, pp. 709, 
712. 
Post, p. 782. 
ENFORCEMENT PROVISIONS 
SEC. 111. (a) Section 113(a) of the Clean Air Act is amended by 
inserting the following new paragraph at the end thereof: 
"(5) Whenever, on the basis of information available to him, the 
Administrator finds that a State is not acting in compliance with any 
requirement of the regulation referred to in section 129(a)(1) of 
the Clean Air Act Amendments of 1977 (relating to certain interpre-
tative regulations) or any plan provisions required under section 110 
(a) (2) (I) and part D, he may issue an order prohibiting the construc-
tion or modification of any major stationary source in any area to 
which such provisions apply or he may bring a civil action under sub-
section (b)(5).". 
(b) (1) So much of section 113(b) of such Act as precedes para-
graph (1) thereof is amended to read as follows: 
"(b) The Administrator shall, in the case of any person which is the 
owner or operator of a major stationary source, and may, in the case 
of any other person, commence a civil action for a permanent or 
temporary injunction, or to assess and recover a civil penalty of not 
more than $25,000 per day of violation, or both, whenever such 
person—". 
(2) Section 113(b) of such Act is amended by inserting the follow-
ing after the first sentence thereof: "The Administrator may com-
mence a civil action for recovery of any noncompliance penalty under 
section 120 or for recovery of any nonpayment penalty-for which any 
person is liable under section 120 or for both.". 
(b) Section 113 (b) of such Act is amended by striking out the penul-
timate sentence thereof and substituting: "Any action under this sub-
section may be brought in the district court of the United States for 
the district in which the violation occurred or in which the defendant 
resides or has his principal place of business, and such court shall 
have jurisdiction to restrain such violation, to require compliance, to 
assess such civil penalty and to collect any noncompliance penalty 
(and nonpayment penalty) owed under section 120. In determining 
the amount of any civil penalty to be assessed under this subsection, 
the court shall take into consideration (in addition to other factors) 
the size of the business, the economic impact of the penalty on the 
business, and the seriousness of the violation.". 
(3) Section 113 (b) of such Act is amended by adding the following 
at the end thereof: "In the case of any action brought by the Adminis-
trator under this subsection, the court may award costs of litigation 
(including reasonable attorney and expert witness fees) to the party 
or parties against whom such action was brought in any case where 
the court finds that such action was unreasonable.". 
(c) (1) Section 113(b) (3) of such Act is amended by striking out 
"or section 119(g)" and inserting in lieu thereof "section 119(g) (as 
in effect before the date of the enactment of the Clean Air Act Amend-
ments of 1977), subsection (d) (5) (relating to coal conversion) sec-
tion 320 (relating to cost of certain vapor recovery), section 119 
(relating to smelter orders) or any regulation under part B (relating 
to ozone)". 
(2) Section 113(b) (4) of such Act is amended by inserting "or 
subsection (d) of this section" after "114". 
(3) Section 113(b) of such Act is amended by striking out "or" at 
the end of paragraph (3), striking out the period at the end of para-
graph (4) and substituting "; or", and inserting the following new 
paragraph at the end thereof: 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 705 
" (5) attempts to construct or modify a major stationary source 
in any area with respect to which a finding under subsection (a) 
(5) has been made.", 
(d) (1) Section 113(c) (1) (B) of such Act is amended to read as 
follows: 
"(B) violates or fails or refuses to comply with any order 
under section 119 or under subsection (a) or (d) of this section, 
or"; 
(2) Section 113(c) (1) of such Act is amended by striking out "or" 
at the end of subparagraph (B), by striking out "section 112(c), or 
section 119(g)" and inserting in lieu thereof: "section 112(c), or 
"(D) violates any requirement of section 119(g) (as in effect 
before the date of the enactment of this Act) subsection (b) (7) 
or (d) (5) of section 120 (relating to noncompliance penalties) 
or any requirement of part B (relating to ozone)". 
(3) Section 113 (c) of such Act is amended by adding the following 
new paragraph at the end thereof: 
"(3) For the purpose of this subsection, the term 'person' includes, 
in addition to the entities referred to in section 302(e), any responsible 
corporate officer.". 
Penalties. 
42 u s e 7413. 
Post, pp. 709, 
712. 
Supra. 
Post, p. 714. 
Post, p. 726. 
"Person." 
Supra. 
Post, p. 770. 
COMPLIANCE ORDERS (INCLUDING COAL CONVERSION) 
SEC. 112. (a) Section 113 of the Clean Air Act is amended by adding Ante, p. 704. 
the following new subsection: 
"(d)(1) A State (or, after thirty days notice to the State, the 
Administrator) may issue an order for any stationary source which 
specifies a date for final compliance with any requirement of an 
applicable implementation plan later than the date for attainment of 
any national ambient air quality standard specified in such plan if— 
"(A) such order is issued after notice to the public (and, as Public notice and 
appropriate, to the Administrator) containing the content of the hearing, 
proposed order and opportunity for public hearing; 
"(B) the order contains a schedule and timetable for com-
pliance ; 
"(C) the order requires compliance with applicable interim 
requirements as provided in paragraph (5)(B) (relating to 
sources converting to coal), and paragraph (6) and (7) (relating 
to all sources receiving such orders) and requires the emission 
monitoring and reporting by the source authorized to be required 
under sections 110(a)(2)(F) and 114(a)(1); 
"(D) the order provides for final compliance with the require-
ment of the applicable implementation plan as expeditiously as 
practicable, but (except as provided in paragrah (4) or (5)) in 
no event later than July 1, 1979, or three years after the date for 
final compliance with such requirement specified in such plan, 
whichever is later; and 
"(E) in the case of a major stationary source, the order notifies Noncompliance 
the source that it will be required to pay a noncompliance penalty penalty, 
under section 120 or by such later date as is set forth in the order 
in accordance with section 120 in the event such source fails to 
achieve final compliance by July 1, 1979. 
" (2) In the case of any major stationary source, no such order issued 
by the State shall take effect until the Administrator determines that 
such order has been issued in accordance with the requirements of this 
Act. In the case of any source other than a major stationary source, 
such order issued by the State shall cease to be effective upon a deter-
Ante, p. 693. 
Post, p. 776 
91 STAT. 706 
PUBLIC LAW 95-95—AUG. 7, 1977 
mination by the Administrator that it was not issued in accordance 
with the requirements of this Act. If the Administrator so objects, he 
shall simultaneously proceed to issue an enforcement order in accord-
ance with subsection (a) or an order under this subsection. Nothing 
in this section shall be construed as limiting the authority of a State 
or political subdivision to adopt and enforce a more stringent emission 
limitation or more expeditious schedule or timetable for compliance 
than that contained in an order by the Administrator, 
"(3) If any source not in compliance with any requirement of an 
applicable implementation plan gives written notification to the State 
(or the Administrator) that such source intends to comply by means 
of replacement of the facility, a complete change in production proc-
ess, or a termination of operation, the State (or the Administrator) 
may issue an order under paragraph (1) of this subsection permitting 
the source to operate until July 1, 1979, without any interim schedule 
Bond. 
of compliance: Provided^ That as a condition of the issuance of any 
such order, the owner or operator of such source shall post a bond or 
other surety in an amount equal to the cost of actual compliance by 
such facility and any economic value which may accrue to the owner 
or operator of such source by reason of the failure to comply. If a 
source for which the bond or other surety required by this paragraph 
has been posted fails to replace the facility, change the production 
process, or terminate the operations as specified in the order by the 
required date, the owner or operator shall immediately forfeit on the 
bond or other surety and the State (or the Administrator) shall have 
no discretion to modify the order under this paragraph or to com-
promise the bond or other surety. 
"(4) An order under paragraph (1) of this subsection may be issued 
to an existing stationary source if— 
Emission 
"(A) the source will expeditiously use new means of emission 
limitation. 
limitation which the Administrator determines is likely to be 
Ante, p. 699. 
adequately demonstrated (within the meaning of section 111(a) 
(1) upon expiration of the order, / 
"(B) such new means of emission limitation is not likely to be 
used by such scarce unless an order is granted under this sub-
section. 
"(C) such new means of emission limitation is determined by 
the Administrator to have a substantial likelihood of— 
"(i) achieving greater continuous emission reduction than 
the means of emission limitation which, but for such order, 
would be required; or 
"(ii) achieving an equivalent continuous reduction at lower 
cost in terms of energy, economic, or nonair quality environ-
mental impact; and 
"(D) compliance by the source with the requirement of the 
applicable implementation plan would be impracticable prior to, 
or during, the installation of such new means. 
Such an order shall provide for final compliance with the requirement 
in the applicable implementation plan as expeditiously as practicable, 
but in no event later than five years after the date on which the source 
would otherwise be required to be in full compliance with the require-
ment. 
"(5) (A) In the case of a major stationary source which is burning 
petroleum products or natural gas, or both and which— 
"(i) is prohibited from doing so under an order pursuant to 
the provisions of section 2(a) of the Energy Supply and Environ-
15 use 792. 
mental Coordination Act of 1974 or any amendment thereto, or 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 707 
any subsequent enactment which supersedes such provisions, or 
"(ii) within one year after enactment of the Clean Air Act 
Amendments of 1977 gives notice of intent to convert to coal as 
its primary ener^ source because of actual or anticipated curtail-
ment of natural gas supplies under any curtailment plan or sched-
ule approved by the Federal Power Commission (or, in the case 
of intrastate natural gas supplies, approved by the appropriate 
State regulatory commission), 
and which thereby would no longer be in compliance with any require-
ment under an applicable implementation plan, an order may be issued 
by the Administrator under paragraph (1) of this subsection for such 
source which specifies a date for final compliance with such requirement 
as expeditiously as practicable, but not later than December 31, 1980. 
The Administrator may issue an additional order under paragraph (1) 
of this subsection for such source providing an additional period of 
such source to come into compliance with the requirement in the appli-
cable implementation plan, which shall be as expeditiously as practi-
cable, but in no event later than five years after the date required for 
compliance under the preceding sentence. 
"(B) In issuing an order pursuant to subparagraph (A), the Admin-
istrator shall prescribe (and may from time to time modify) emission 
limitations, requirements respecting pollution characteristics of coal, 
or other enforceable measures for control of emissions for each source 
to which such an order applies. Such limitations, requirements, and 
measures shall be those which the Administrator determines must be 
complied with by the source in order to assure (throughout the period 
before the date for final compliance established in the order) that the 
burning of coal by such source will not result in emissions which cause 
or contribute to concentrations of any air pollutant in excess of any 
national primary ambient air quality standard for such pollutant. 
"(C) The Administrator may, by regulation, establish priorities Priorities, 
under which manufacturers of continuous emission reduction systems 
necessary to carry out this paragraph shall provide such systems to 
users thereof, if he finds, after consultation with the States, that pri-
orities must be imposed in order to assure that such systems are first 
provided to sources subject to orders under this paragraph in air qual-
ity control regions in which national primary ambient air quality 
standards have not been achieved. No regulation under this subpara-
graph may impair the obligation of any contract entered into before 
the date of enactment of the Clean Air Act Amendments of 1977. 
"(D) No order issued to a source under this paragraph with respect 
to an air pollutant shall be effective if the national primary ambient 
air quality standard with respect to such pollutant is being exceeded 
at any time in the air quality control region in which such source is 
located. The preceding sentence shall not apply to a source if, upon 
submission by any person of evidence satisfactory to the Administra.-
tor, the Administrator determines (after notice and public hearing) — 
"(i) that emissions of such air pollutant from such source will 
affect only infrequently the air quality concentrations of such 
pollutant in each portion of the region where such standard is 
being exceeded at any time; 
"(ii) that emissions of such air pollutant from such source will 
have only insignificant effect on the air quality concentrations of 
such pollutant in each portion of the region where such standard 
is being exceeded at any time; and 
"(iii) with reasonable statistical assurance that emissions of 
such air pollutant from such source will not cause or contribute 
91 STAT. 708 
PUBLIC LAW 95-95—AUG. 7, 1977 
Interim 
requirements. 
Termination of 
order. 
Violations. 
Post, p. 714. 
Post, pp.771, 
772. 
Ante, pp. 
691-696; 
Post, pp. 772, 
776, 777. 
Post, pp. 709, 
710. 
to air quality concentrations of such pollutant in excess of the 
national primary ambient air quality standard for such pollutant. 
"(6) An order issued to a source under this subsection shall set 
forth compliance schedules containing increments of progress which 
require compliance with the requirement postponed as expeditiously 
as practicable. 
" (7) A source to which an order is issued under paragraph (1), (3), 
(4), or (5) of this subsection shall use the best practicable system or 
systems of emission reduction (as determined by the Administrator 
taking into account the requirement with which the source must ulti-
mately comply) for the period during which such order is in effect and 
shall comply with such interim requirements as the Administrator 
determines are reasonable and practicable. Such interim requirements 
shall include— 
"(A) such measures as the Administrator determines are neces-
sary to avoid an imminent and substantial endangerment to health 
of persons, and 
"(B) a requirement that the source comply with the require-
ments of the applicable implementation plan during any such 
period insofar as such source is able to do so (as determmed by the 
Administrator). 
"(8) Any order under paragraph (1) or (3) of this subsection shall 
be terminated if the Administrator determines on the record, after 
notice and hearing, that the inability of the source to comply no longer 
exists. If the owner or operator of the source to which the order is 
issued demonstrates that prompt termination of such order would 
result in undue hardship, the termination shall become effective at the 
earliest practicable date on which such undue hardship would not 
result, but in no event later than the date required under this 
subsection. 
"(9) If the Administrator determines that a source to which an 
order is issued under this subsection is in violation of any requirement 
of this subsection, he shall— 
"(A) enforce such requirement under subsections (a), (b), or 
(c) of this section, 
"(B) (after notice and opportunity for public hearing) revoke 
such order and enforce compliance with the requirement with 
respect to which such order was granted, 
(C) give notice of noncompliance and commence action under 
section 120, or 
"(D) take any appropriate combination of such actions. 
"(10) During the period of the order issued under this subsection 
and where the owner or operator is in compliance with the terms of 
such order, no other enforcement action pursuant to this section or 
section 304 of this Act shall be pursued against such owner or operator 
based upon noncompliance during the period the order is in effect with 
the requirement for the source covered by such order. 
" (11) For the purposes of sections 110, 304, and 307 of this Act, any 
order issued by the State (and approved by the Administrator) pur-
suant to this subsection shall become part of the applicable implementa-
tion plan. 
"(12) Any enforcement order issued under subsection (a) of this 
section or any consent decree in an enforcement action which is in effect 
on the day of enactment of the Clean Air Act Amendments of 1977 
shall remain in effect to the extent that such order or consent decree 
is (A) not inconsistent with the requirements of this subsection and 
section 119 or (B) the administrative orders on consent issued by the 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 709 
Administrator on November 5,1975 and February 26,1976 and requir-
ing compliance with sulfur dioxide emission limitations or standards 
at least as stringent as those promulgated under section 111. Any such Ante, pp. 697, 
enforcement order issued under subsection (a) of this section or con- 699-701, 703; 
sent decree which provides for an extension beyond July 1,1979, except ^*'*^' P- '^^• 
such administrative orders on consent, is void unless modified under 
this subsection wdthin one year after the enactment of the Clean Air 
Act Amendments of 1977 to comply with the requirements of this 
subsection.". 
(b) (1) Section 119 of such Act is hereby repealed. All references Repeal, 
to such section 119 or subsections thereof in section 2 of the Energy ^<'*'' P-^^2. 
Supply and Environmental Coordination Act of 1974 (Public Law focy TQ 
93-319) or any amendment thereto, or any subsequent enactment which jc TJOT. JM 
supersedes such Act, shall be construed to refer to section 113(d) of 
the Clean Air Act and to paragraph (5) thereof in particular. Any 15 USC 792. 
certification or notification required to be given by the Administrator ^"^e. p- 705. 
of the Environmental Protection Agency under section 2 of the 
Energy Supply and Environmental Coordination Act of 1974 or any 
amendment thereto, or any subsequent enactment which supersedes 
such Act, shall be given only when the Governor of the State in which 
is located the source to which the proposed order under section 113(d) 
(5) of the Clean Air Act is to be issued gives his prior written concur-
rence. 
(2) In the case of any major stationary source to which any require-
ment is applicable under section 113(d) (5) (B) of the Clean Air Act 
and for which certification is required under section 2 of the Energy 
Supply and Environmental Coordination Act of 1974 or any amend-
ment thereto, or any subsequent enactment which supersedes such Act, 
the Administrator of the Environmental Protection Agency shall 
certify the date which he determines is the earliest date that such 
source will be able to comply with all such requirements. In the case 
of any plant or installation which the Administrator of the Environ-
mental Protection Agency determines (after consultation with the 
State) will not be subject to an order under section 113(d) of the 
Clean Air Act and for which certification is required under section 2 
of the Energy Supply and Environmental Coordination Act of 1974 
or any amendment thereto, or any subsequent enactment which super-
sedes such Act, the Administrator of the Environmental Protection 
Agency shall certify the date which he determines is the earliest date 
that such plant or installation will be able to burn coal in compliance 
with all applicable emission limitations under the implementation 
plan. 
(3) Any certification required under section 2 of the Energy Supply 
and Environmental Coordination Act of 1974 or any amendment 
thereto, or any subsequent enactment which supersedes such Act, or 
under this subsection may be provided in an order under section 
113(d) of the Clean Air Act. 
NOTICE TO STATE IN CASE OF CERTAIN INSPECTIONS, ETC. 
SEC. 113. Section 114 of the Clean Air Act is amended by adding 42 USC 7414. 
at the end thereof the following new subsection: 
"(d) (1) In the case of any emission standard or limitation or other 
requirement which is adopted by a State, as part of an applicable 
implementation plan or as part of an order under section 113(d), 
before carrying out an entry, inspection, or monitoring under para-
graph (2) of subsection (a) with respect to such standard, limitation, 
91 STAT. 710 
PUBLIC LAW 95-95—AUG. 7, 1977 
Ante, p. 694. 
or other requirement, the Administrator (or his representatives) shall 
provide the State air pollution control agency with reasonable prior 
notice of such action, indicating the purpose of such action. No State 
agency which receives notice under this paragraph of an action pro-
posed to be taken may use the information contained in the notice to 
inform the person whose property is proposed to be affected of the 
proposed action. If the Administrator has reasonable basis for believ-
ing that a State agency is so using or will so use such information, 
notice to the agency under this paragraph is not required until such 
time as the Administrator determines the agency will no longer so 
use information contained in a notice under this paragraph. Nothing 
in this section shall be construed to require notification to any State 
agency of any action taken by the Administrator with respect to any 
standard, limitation, or other requirement which is not part of an 
applicable implementation plan or which was promulgated by the 
Administrator under section 110 (c). 
"(2) Nothing in paragraph (1) shall be construed to provide that 
any failure of the Administrator to comply with the requirements of 
such paragraph shall be a defense in any enforcement action brought 
by the Administrator or shall make inadmissible as evidence in any 
such action any information or material obtained notwithstanding 
such failure to comply with such requirements. 
INTERNATIONAL AIR POLLUTION 
42 use 7415. 
Plan revision. 
Ante, pp. 693, 
694. 
SEC. 114. Section 115 of the Clean Air Act is amended to read as 
follows: 
u 
Ante, p. 691. 
INTERNATIONAL AIR POLLUTION 
"SEC. 115. (a) Whenever the Administrator, upon receipt of reports, 
surveys or studies from any duly constituted international agency has 
reason to believe that any air pollutant or pollutants emitted in the 
United States cause or contribute to air pollution which may reason-
ably be anticipated to endanger public health or welfare in a foreign 
country or whenever the Secretary of State requests him to do so with 
respect to such pollution which the Secretary of State alleges is of 
such a nature, the Administrator shall give formal notification thereof 
to the Governor of the State in which such emissions originate. 
" (b) The notice of the Administrator shall be deemed to be a finding 
under section 110(a) (2) (H)(ii) which requires a plan revision with 
respect to so much of the applicable implementation plan as is inade-
quate to prevent or eliminate the endangerment referred to in subsec-
tion (a). Any foreign country so affected by such emission of pollutant 
or pollutants shall be invited to appear at any public hearing associ-
ated with any revision of the appropriate portion of the applicable 
implementation plan. 
"(c) This section shall apply only to a foreign country which the 
Administrator determines has given the United States essentially the 
same rights with respect to the prevention or control of air pollution 
occurring in that country as is given that country by this section. 
"(d) Recommendations issued following any abatement conference 
conducted prior to the enactment of the Clean Air Act Amendments 
of 1977 shall remain in effect with respect to any pollutant for which 
no national ambient air quality standard has been established under 
section 109 of this Act unless the Administrator, after consultation 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 711 
with all agencies which were party to the conference, rescinds any 
such recommendation on grounds of obsolescence.". 
PRESIDENT'S AIR QUALITY ADVISORY BOARD 
SEC. 115. Section 117 of the Clean Air Act is amended— 
42 USC 7417. 
(1) to strike subsections (a) through (c); 
(2) to renumber subsections (d) and (e) as subsections (a) and 
(b), respectively; and 
(3) to amend redesignated subsection (b)— 
(A) by striking the words "the Board and" the first time 
the word "Board" appears and inserting in lieu thereof the 
word "any"; and 
(B) by striking the words "of the Board" the second time 
the word "Board" appears. 
CONTROL OF POLLUTION FROM FEDERAL FACILITIES 
SEC. 116. (a) Section 118 of the Clean Air Act, relating to control 42 USC 7418. 
of pollution from Federal facilities, is amended— 
(1) by inserting " (a)" after "118", and 
(2) by striking out "shall comply with Federal, State, interstate, 
and local requirements respecting control and abatement of air 
pollution to the same extent that any person is subject to such 
requirements" and inserting in lieu thereof "and each officer, agent, 
or employee thereof, shall be subject to, and comply with, all 
Federal, State, interstate, and local requirements, administrative 
authority, and process and sanctions respecting the control and 
abatement of air pollution 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 pro-
cedural (including any recordkeeping or reporting requirement, 
any requirement respecting permits and any other requirement 
whatsoever), (B) to the exercise of any Federal, State, or local 
administrative authority, and (C) to any process and sanction, 
whether enforced in Federal, State, or local courts or in any other 
manner. This subsection shall apply notwithstanding any immun-
ity of such agencies, officers, agents, or employees under any law 
or rule of law. I
S
T
o officer, agent, or employee of the United States 
shall be personally liable for any civil penalty for which he is 
not otherwise liable.". 
(b) Section 118 of such Act is amended by striking out "The Presi-
dent may exempt" and inserting in lieu thereof: 
'"(b) The President may exempt". 
(c) Section 118(b) of such Act, as amended by subsection (b) of Exemption, 
this Act, is amended by inserting the following immediately before 
the last sentence thereof: "In addition to any such exemption of a Regulations, 
particular emission source, the President may, if he determines it to 
be in the paramount interest of the United States to do so, issue regu-
lations exempting from compliance with the requirements of this 
section any weaponry, equipment, aircraft, vehicles, or other classes 
or categories of property which are owned or operated by the Armed 
Forces of the United States (including the Coast Guard) or by the 
National Guard of any State and which are uniquely military in nature. 
The President shall reconsider the need for such regulations at three-
year intervals.". 
91 STAT. 712 
PUBLIC LAW 95-95—AUG. 7, 1977 
Ante, p. 709. 
42 use 7419. 
PRIMARY NONFERROUS SMELTER ORDERS 
42 use 7401. 
SEC. 117. (a) Title I of the Clean Air Act is amended by inserting 
immediately before section 101 the following: "PART A—AIR QUALITY 
AND EMISSION LIMITATIONS". 
(b) Part A of title I of the Clean Air Act is amended by adding 
the following new section at the end thereof: 
"PRIMARY NONFERROUS SMELTER ORDERS 
"SEC. 119. (a) (1) Upon application by the owner or operator of a 
primary nonferrous smelter, a primary nonferrous smelter order under 
subsection (b) may be issued— 
"(A) by the Administrator, after thirty days' notice to the 
State, or 
"(B) by the State in which such source is located, but no such 
order issued by the State shall take effect until the Administrator 
determines that such order has been issued in accordance with 
the requirements of this Act. 
Not later than ninety days after submission by the State to the Admin-
istrator of notice of the issuance of a primary nonferrous smelter order 
under this section, the Administrator shall determine whether or not 
such order has been issued by the State in accordance with the require-
Hearing. 
ments of this Act. If the Administrator determines that such order 
has not been issued in accordance with such requirements, he shall 
conduct a hearing respecting the reasonably available control tech-
nology for primary nonferrous smelters. 
" (2) (A) An order issued under this section to a primary nonferrous 
smelter shall be referred to as a 'primary nonferrous smelter order'. 
No primary nonferrous smelter may receive both an enforcement order 
Ante, p. 705. 
under section 113(d) and a primary nonferrous smelter order under 
this section. 
Statement. 
"(B) Before any hearing conducted under this section, in the case 
of an application made by the owner or operator of a primary non-
ferrous smelter for a second order under this section, the applicant 
shall furnish the Administrator (or the State as the case may be) 
with a statement of the grounds on which such application is based 
(including all supporting documents and information). The statement 
of the grounds for the proposed order shall be provided by the Admin-
istrator or the State in any case in which such State or Administrator 
is acting on its own initiative. Such statement (including such docu-
ments and information) shall be made available to the public for a 
thirty-day period before such hearing and shall be considered as part 
of such hearing. No primary nonferrous smelter order may be granted 
unless the applicant establishes that he meets the conditions required 
for the issuance of such order (or the Administrator or State estab-
lishes the meeting of such conditions when acting on their own 
initiative). 
Findings. 
"(C) Any decision with respect to the issuance of a primary non-
ferrous smelter order shall be accompanied by a concise statement of 
the findings and of the basis of such findings. 
" (b) A primary nonferrous smelter order under this section may be 
issued to a primary nonferrous smelter if— 
"(1) such smelter is in existence on the date of the enactment 
of this section; 
"(2) the requirement of the applicable implementation plan 
with respect to which the order is issued is an emission limitation 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 713 
Orders. 
Interim 
measures. 
or standard for sulfur oxides which is necessary and intended 
to be itself sufficient to enable attainment and maintenance of 
national primary and secondary ambient air quality standards for 
sulfur oxides; and 
"(3) such smelter is unable to comply with such requirement 
by the applicable date for compliance because no means of emis-
sion limitation applicable to such smelter which will enable it to 
achieve compliance with such requirement has been adequately 
demonstrated to be reasonably available (as determined by the 
Administrator, taking into account the cost of compliance, non-
air quality health and environmental impact, and energy 
consideration). 
"(c) (1) A second order issued to a smelter under this section shall 
set forth compliance schedules containing increments of progress 
which require compliance with the requirement postponed as expediti-
ously as practicable. The increments of progress shall be limited to 
requiring compliance with subsection (d) and, in the case of a second 
order, to procuring, installing, and operating the necessary means of 
emission limitation as expeditiously as practicable after the Admin-
istrator determines such means have been adequately demonstrated to 
be reasonably available within the meaning of subsection (b) (3). 
"(2) Not in excess of two primary nonferrous smelter orders may 
be issued under this section to any primary nonferrous smelter. The 
first such order issued to a smelter shall not result in the postponement 
of the requirement with respect to which such order is issued beyond 
January 1, 1983. The second such order shall not result in the post-
ponement of such requirement beyond January 1, 1988. 
"(d) (1) (A) Each primary nonferrous smelter to which an order 
is issued under this section shall be required to use such interim meas-
ures for the period during which such order is in effect as may be 
necessary in the judgment of the Administrator to assure attainment 
and maintenance of the national f)rimary and secondary ambient air 
quality standards during such period, taking into account the aggre-
gate effect on air quality of such order together with all variances, 
extensions, waivers, enforcement orders, delayed compliance orders 
and primary nonferrous smelter orders previously issued under this 
Act. 
"(B) Such interim requirements shall include— 
"(i) a requirement that the source to which the order applies 
comply with such reporting requirements and conduct such mon-
itoring as the Administrator determines may be necessary, and 
"(ii) such measures as the Administrator determines are nec-
essary to avoid an imminent and substantial endangerment to 
health of persons. 
"(C) Such interim measures shall also, except as provided in para-
graph (2), include continuous emission reduction technology. The Agreement. 
Administrator shall condition the use of any such interim measures 
upon the agreement of the owner or operator of the smelter— 
" (i) to comply with such conditions as the Administrator deter-
mines are necessary to maximize the reliability and enforceability 
of such interim measures, as applied to the smelter, in attaining 
and maintaining the national ambient air quality standards to 
which the order relates, and 
"(ii) to commit reasonable resources to research and develop-
ment of appropriate emission control technology. 
"(2) The requirement of paragraph (1) for the use of continuous Waiver. 
Notice and 
hearing. 
91 STAT. 714 
PUBLIC LAW 95-95—AUG. 7, 1977 
Information, 
availability to 
public. 
Investigation. 
Post, p. 781. 
Notice and 
hearing. 
Hearing. 
Termination, 
notice and 
hearing. 
Ante, pp. 704, 
705. 
Iiifra. 
emission reduction technology may be waived with respect to a par-
ticular smelter by the State or the Administrator, after notice and 
a hearing on the record, and upon a showing by the owner or operator 
of the smelter that such requirement would be so costly as to neces-
sitate permanent or prolonged temporary cessation of operations of 
the smelter. Upon application for such waiver, the Administrator 
shall be notified and shall, within ninety days, hold a hearing on the 
record in accordance with section 554 of title 5 of the United States 
Code. At such hearing the Administrator shall require the smelter 
involved to present information relating to any alleged cessation of 
operations nnd the detailed reasons or justifications therefor. On the 
basis of such hearing the Administrator shall make findings of fact 
as to the effect of such requirement and on the alleged cessation of 
operations and shall make such recommendations as he deems appro-
priate. Such report, findings, and recommendations shall be available 
to the public, and shall be taken into account by the State or the 
Administrator in making the decision whether or not to grant such 
waiver. 
"(3) In order to obtain information for purposes of a waiver under 
paragraph (2), the Administrator may, on his own motion, conduct 
an investigation and use the authority of section 319. 
"(4) In the case of any smelter which on the date of enactment 
of this section uses continuous emission reduction technology and 
supplemental controls and which receives an initial primary non-
ferrous smelter order under this section, no additional continuous 
emission reduction technology shall be required as a condition of such 
order unless the Administrator determines, at any time, after notice 
and public hearing, that such additional continuous emission reduction 
technology is adequately demonstrated to be reasonably available for 
the primary nonferrous smelter industry, 
"(e) At any time during which such order applies, the Administra-
tor may enter upon a public hearing respecting the availability of 
technology. Any order under this section shall be terminated if the 
Administrator determines on the record, after notice and public hear-
ing, that the conditions upon which the order was based no longer exist. 
If the owner or operator of the snielter to which the order is issued 
demonstrates that prompt termination of such order would result 
in undue hardship, the termination shall become effective at the 
earliest practicable date on which such undue hardship would not 
result, but in no event later than the date required under subsection 
"(f) If the Administrator determines that a smelter to which 
an order is issued under this section is in violation of any requirement 
of subsection (c) or (d), he shall— 
" (1) enforce such requirement under section 113, 
"(2) (after notice and opportunity for public hearing) revoke 
such order and enforce compliance with the requirement with 
respect to which such order was granted, 
"(3) give notice of noncompliance and commence action under 
section 120, or 
"(4) take any appropriate combination of such actions.". 
NONCOMPLIANCE PKNALTY 
SEC. 118. Part A of title I of the Clean Air Act is amended by 
adding the following new section at the end thereof: 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 715 
NONCOMPLIANCE PENALTY 
"SEC. 120. (a)(1)(A) Not later than 6 months after the date of 
enactment of this section, and after notice and opportunity for a 
public hearing, the Administrator shall promulgate regulations 
requiring the assessment and collection of a, noncompliance penalty 
against persons referred to in paragraph (2) (A). 
"(B) (i) Each State may develop and submit to the Administrator 
a plan for carrying out this section in such State. If the Administrator 
finds that the State plan meets the requirements of this section, he 
may delegate to such State any authority he has to carry out this 
section. 
"(ii) Notwithstanding a delegation to a State under clause (i), the 
Administrator may carry out this section in such State under the cir-
cumstances described in subsection (b) (2) (B). 
"(2) (A) Except as provided in subparagraph (B) or (C) of this 
paragraph, the State or the Administrator shall assess and collect a 
noncompliance penalty against every person who owns or operates— 
"(i) a major stationary source (other than a primary nonfer-
rous smelter which has received a primary nonferrous smelter 
order under section 119) which is not in compliance with any 
emission limitation, emission standard or compliance schedule 
under any applicable implementation plan, or 
"(ii) a stationary source which is not in compliance with an 
emission limitation, emission standard, standard of performance, 
or other requirement established under section 111 or 112 of this 
Act, or 
"(iii) any source referred to in clause (i) or (ii) (for which an 
extension, order, or suspension referred to in subparagraph (B) is 
in effect), or a primary nonferrous smelter which has received a 
primary nonferrous smelter order under section 119 which is not 
in compliance with any interim emission control requirement or 
schedule of compliance under such extension, order, or suspension. 
For purposes of subsection (d) (2), in the case of a penalty assessed 
with respect to a source referred to in clause (iii) of this subparagraph, 
the costs referred to in such subsection (d) (2) shall be the economic 
value of noncompliance with the interim emission control requirement 
or the remaining steps in the schedule of compliance referred to in such 
clause. 
"(B) Notwithstanding the requirements of subparagraph (A) (i) 
and (ii), the owner or operator of any source shall be exempted from 
the duty to pay a noncompliance penalty under such requirements with 
respect to that source if, in accordance with the procedures in subsec-
tion (b) (5), the owner or operator demonstrates that the failure of 
such source to comply with any such requirement is due solely to— 
"(i) a conversion by such source from the burning of petro-
leum products or natural gas, or both, as the permanent primary 
energy source to the burning of coal pursuant to an order under 
section 119; 
"(ii) in the case of a coal-burning source granted an extension 
under the second sentence of section 119(c) (1), a prohibition from 
using petroleum products or natural gas or both, by reason of an 
order under the provisions of section 2 (a) and (b) of the Energy 
Supply and Environmental Coordination Act of 1974 or under 
any legislation which amends or supersedes such provisions ; 
"(iii) the use of innovative technology sanctioned by an 
enforcement order under section 113(d) (4); 
Notice and 
hearing. 
Regulations. 
42 use 7420. 
State plans. 
Delegation of 
authority. 
Ante, pp. 697, 
699-701, 703; 
Post, p. 791; 
Ante, pp. 701, 
70S; Post, f. 791. 
Ante, pp. 709, 
712. 
Exemption. 
15 u s e 792. 
Ante, p. 705. 
91 STAT. 716 
PUBLIC LAW 95-95—AUG. 7, 1977 
Ante, p. 705. 
Ante, pp. 691, 
692. 
Notice and 
hearing. 
Regulations. 
Notice. 
Penalty, 
calculation. 
Petition. 
Hearing. 
"(iv) an inability to comply with any such requirement, for 
which inability the source has received an order under section 
113(d) (or an order under section 113 issued before the date of 
enactment of this section) which has the effect of permitting a 
delay or violation of any requirement of this Act (including a 
requirement of an applicable implementation plan) 
which 
inability results from reasons entirely beyond the control of the 
owner or operator of such source or of any entity controlling, 
controlled by, or under common control with the owner or oper-
ator of such source; or 
"(v) the conditions by reason of which a temporary emergency 
suspension is authorized under section 110 (f) or (g). 
An exemption under this subparagraph shall cease to be effective if 
the source fails to comply with the interim emission control require-
ments or schedules of compliance (including increments of progress) 
under any such extension, order, or suspension, 
"(C) The Administrator may, after notice and opportunity for 
public hearing, exempt any source from the requirements of this sec-
tion with respect to a particular instance of noncompliance if he finds 
that such instance of noncompliance is de minimis in nature and in 
duration. 
"(b) Regulations under subsection (a) shall— 
"(1) permit the assessment and collection of such penalty by 
the State if the State has a delegation of authority in effect under 
subsection (a) (1) (B) (i) ; 
"(2) provide for the assessment and collection of such penalty 
by the Administrator, if— 
"(A) the State does not have a delegation of authority in 
effect under subsection (e), or 
"(B) the State has such a delegation in effect but fails with 
respect to any particular person or source to assess or col-
lect the penalty in accordance with the requirements of this 
section; 
"(3) require the States, or in the event the States fail to do so, 
the Administrator, to give a brief but reasonably specific notice 
of noncompliance under this section to each person referred to in 
subsection (a)(2)(A) with respect to each source owned or oper-
ated by such person which is not in compliance as provided in 
such subsection, not later than July 1, 1979, or thirty days after 
the discovery of such noncompliance, whichever is later; 
"(4) require each person to whom notice is given under para-
graph (3) to— 
"(A) calculate the amount of the penalty owed (deter-
mined in accordance with subsection (d) (2)) and the sched-
ule of payments (determined in accordance with subsection 
(d)(3)) for each such source and, within forty-five days 
after the issuance of such notice or after the denial of a peti-
tion under subparagraph (B), to submit that calculation and 
proposed schedule, together with the information necessary 
for an independent verification thereof, to the State and to 
the Administrator, or 
"(B) submit a petition, within forty-five days after the 
issuance of such notice, challenging such notice of noncom-
pliance or alleging entitlement to an exemption under sub-
section (a) (2) (B) with respect to a particular source; 
"(5) require the Administrator to provide a hearing on the 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 717 
5 use 551. 
Review. 
Notice and 
hearing. 
record (within the meaning of subchapter II of chapter 5 of title 
5, United States Code) and to make a decision on such petition 
(including findings of fact and conclusions of law) not later than 
ninety days after the receipt of any petition under paragraph (4) 
(B), unless the State agrees to provide a hearing which is sub-
stantially similar to such a hearing on the record and to make 
a decision on such petition (including such findings and conclu-
sions) within such ninety-day period; 
"(6) (A) authorize the Administrator on his own initiative to 
review the decision of the State under paragraph (5) and dis-
approve it if it is not in accordance with the requirements of this 
section, and (B) require the Administrator to do so not later than 
sixty days after receipt of a petition under this subparagraph, 
notice, and public hearing and a showing by such petitioner that 
the State decision under paragraph (5) is not in accordance with 
the requirements of this section; 
"(7) require payment, in accordance with subsection (d), of Payment, 
the penalty by each person to whom notice of noncompliance is 
given under paragraph (3) with respect to each noncomplying 
source for which such notice is given unless there has been a final 
determination granting a petition under paragraph (4) (B) with 
respect to such source; 
"(8) authorize the State or the Administrator to adjust (and Adjustment, 
from time to time to readjust) the amount of the penalty assess-
ment calculated or the payment schedule proposed by such owner 
or operator under paragraph (6), if the Administrator finds after 
notice and opportunity for a hearing on the record that the 
penalty or schedule does not meet the requirements of this section; 
and 
"(9) require a final adjustment of the penalty within 180 days 
after such source comes into compliance m accordance with sub-
section (d)(4). 
A delayed compliance penalty established by a State under this sec-
tion shall apply unless the Administrator, within ninety days after the 
date of publication of the proposed penalty under this section, objects 
in writing to the amount of the penalty as less than would be required 
to comply with guidelines established by the Administrator. If the 
Administrator objects, he shall immediately establish a substitute 
delayed compliance penalty applicable to such facility. 
"(c) If the owner or operator of any stationary source to whom a Contract 
notice is issued under subsection (b) (3) — 
"(1) does not submit a timely petition under subsection 
(b)(4)(B), or 
"(2) submits a petition under subsection (b) (4) (B) which is 
denied, and 
fails to submit a calculation of the penalty assessment, a schedule for 
payment, and the information necessary for independent verification 
thereof, the State (or the Administrator, as the case may be) may 
enter into a contract with any person who has no financial interest in 
the owner or operator of the source (or in any person controlling, 
controlled by or under common control with such source) to assist in 
determining the amount of the penalty assessment or payment sched-
ule with respect to such source. The cost of carrying out such contract 
may be added to the penalty to be assessed against the owner or 
operator of such source. 
Delayed penalty, 
objection. 
Substitution. 
91 STAT. 718 
PUBLIC LAW 95-95—AUG. 7, 1977 
Payment. 
Quarterly 
payments. 
"Period of 
covered 
noncompliance.' 
Review. 
"(d)(1) All penalties assessed by the Administrator under this 
section shall be paid to the United States Treasuiy. All penalties 
assessed by the State under this section shall be paid to such State. 
"(2) The amount of the penalty which shall be assessed and col-
lected with respect to any source under this section shall be equal to— 
"(A) the amount determined in accordance with regulations 
promulgated by the Administrator under subsection (a), which is 
no less than the quarterly equivalent of the capital costs of com-
pliance and debt service over a normal amortization period, not to 
exceed ten years, operation and maintenance costs foregone as a 
result of noncompliance, and any additional economic value which 
a delay in compliance beyond July 1, 1979, may have for the 
owner or operator of such source, minus 
"(B) the amount of any expenditure made by the owner or 
operator of that source during any such quarter for the purpose 
of bringing that source into, and maintaining compliance with, 
such requirement, to the extent that such expenditures have not 
been taken into account in the calculation of the penalty under 
subparagi-aph (A). 
To the extent that any expenditure under subparagraph (B) made 
during any quarter is not subtracted for such quarter from the costs 
under subparagraph (A), such expenditure may be subtracted for any 
subsequent quarter from such costs. In no event shall the amount paid 
be less than the quarterly payment minus the amount attributed to 
actual cost of construction. 
"(3) (A) The assessed penalty required under this section shall be 
paid in quarterly installments for the period of covered noncompli-
ance. All quarterly payments (determined without regard to any 
adjustment or any subtraction under paragraph (2)(B)) after the 
first payment shall be equal. 
"(B) The first payment sihall be due on the date six months after 
the date of issuance of the notice of noncompliance under subsection 
(b) (3) with respect to any source or on January 1,1980, whichever is 
later. Such first payment shall be in the amount of the quarterly 
installment for the upcoming quarter, plus the amount owed for any 
preceding period within the period of covered noncompliance for 
such source. 
"(C) For the purpose of this section, the term 'period of covered 
noncompliance' means the period which begins— 
"(i) two years after the date of enactment of this section, in 
the case of a source for which notice of noncompliance under sub-
section (b) (3) is issued on or before the date two years after such 
date of enactment, or 
"(ii) on the date of issuance of the notice of noncompliance 
under subsection (b) (3), in the case of a source for which such 
notice is issued after July 1,1979, 
and ending on the date on which such source comes into (or for the 
purpose of establishing the schedule of payments, is estimated to 
come into) compliance with such requirement. 
"(4) Upon making a determination that a source with respect to 
which a penalty has been paid under this section is in compliance and 
is maintaining compliance with the applicable requirement, the State 
(or the Administrator as the case may be) s'hall review the actual 
expenditures made by the owner or operator of such source for the 
purpose of attaining and maintaining compliance, and shall within 
180 days after such source comes into compliance— 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 719 
"(A) provide reimbursement with interest (to be paid by the 
State or Secretary of the Treasury, as the case may be) at appro-
priate prevailing rates (as determined by the Secretary of the 
Treasury) for any overpayment by such person, or 
"(B) assess and collect an additional payment with interest at 
appropriate prevailing rates (as determined by the Secretary of 
the Treasury) for any underpayment by such person. 
"(5) Any person who fails to pay the amount of any penalty with Quarterly 
respect to any source under this section on a timely basis shall be nonpayment 
required to pay in addition a quarterly nonpayment penalty for each P«o*l*y-
quarter during which such failure to pay persists. Such nonpayment 
penalty shall be in an amount equal to 20 percent of the aggregate 
amount of such person's penalties and nonpayment penalties with 
respect to such source which are unpaid as of the beginning of such 
quarter. 
"(e) Any action pursuant to this section, including any objection 
of the Administrator under the last sentence of subsection (b) shall 
be considered a final action for purposes of judicial review of any 
penalty under section 307 of this Act. 
Post, pp. 772, 
"(f) Any orders, payments, sanctions, or other requirements under ^^^' '^'^'^• 
this section shall be in addition to any other permits, orders, payments, 
sanctions, or other requirements established under this Act, and shall 
in no way affect any civil or criminal enforcement proceedings brought 
under any provision of this Act or State or local law. 
"(g) In the case of any emission limitation or other requirement 
approved or promulgated by the Administrator under this Act after 
the enactment of the Clean Air Act Amendments of 1977 which is 
more stringent than the emission limitation or requirement for the 
source in effect prior to such approval or promulgation, if any, or 
where there was no emission limitation or requirement approved or 
promulgated before enactment of the Clean Air Act Amendments of 
1977, the date for imposition of the non-compliance penalty under 
this section, shall be either July 1, 1979, or the date on which the 
source is required to be in full compliance with such emission limita-
tion or requirement, whichever is later, but in no event later than 
three years after the approval or promulgation of such emission 
limitation or requirement.". 
CONSULTATION 
SEC. 119. Part A of title I of the Clean Air Act is amended by 
adding the following new section at the end thereof: 
(( 
CONSULTATION 
"SEC. 121. In carrying out the requirements of this Act requiring ^2 USC 7421. 
applicable implementation plans to contain— 
"(1) any transportation controls, air quality maintenance plan 
requirements or preconstruction review of direct sources of air 
pollution, or 
" (2) any measure referred to— 
"(A) in part D (pertaining to nonattainment require- Post, ^.146. 
ments), or 
"(B) in part C (pertaining to prevention of significant Post, p. 731. 
deterioration), 
and in carrying out the requirements of section 113(d) (relating to cer- ^"-te, p- 705. 
tain enforcement orders), the State shall provide a satisfactory process 
29-194 0 
91 STAT. 720 
PUBLIC LAW 95-95—AUG. 7, 1977 
Regulations; 
notice and 
hearing. 
Petition for 
judicial review. 
of consultation with general purpose local governments, designated 
organizations of elected officials of local governments and any Federal 
land manager having authority over Federal land to which the State 
plan applies, effective with respect to any such requirement which is 
adopted more than one year after the date of enactment of the Clean 
Air Act Amendments of 1977 as part of such plan. Such process shall 
be in accordance with regulations promulgated by the Administrator 
to assure adequate consultation. Such regulations shall be promul-
gated after notice and opportunity for public hearing and not later 
than 6 months after the date of enactment of the Clean Air Act 
Amendments of 1977. Only a general purpose unit of local govern-
ment, regional agency, or council of governments adversely affected 
by action of the Administrator approving any portion of a plan 
referred to in this subsection may petition for judicial review of 
such action on the basis of a violation of the requirements of this 
section.". 
UNREGULATED POLLUTANTS 
SEC. 120. (a) Part A of title I of the Clean Air Act is amended 
by adding at the end thereof the following new section: 
Review; notice 
and hearing. 
42 use 7422. 
Post, p. 790. 
42 use 7412. 
Post, p. 791. 
Revision 
authority. 
Consultation with 
NRC. 
Interagency 
agreement. 
LISTING OF CERTAIN UNREGULATED POLLUTANTS 
"SEC. 122. (a) Not later than one year after date of enactment of this 
section (two years for radioactive pollutants) and after notice and 
opportunity for public hearing, the Administrator shall review all 
available relevant information and determine whether or not emis-
sions of radioactive pollutants (including source material, special 
nuclear material, and byproduct material), cadmium, arsenic and 
polycyclic organic matter into the ambient air will cause, or con-
tribute to, air pollution which may reasonably be anticipated to 
endanger public health. If the Administrator makes an affirmative 
determination with respect to any such substance, he shall simulta-
neously with such determination include such substance in the list 
published under section 108(a) (1) or 112(b) (1) (A) (in the case of 
a substance w^hich, in the judgment of the Administrator, 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), or shall include each category 
of stationary sources emitting such substance in significant amounts 
in the list published under section 111(b) (1) (A), or take any com-
bination of such actions. 
"(b) Nothing in subsection (a) shall be construed to affect the 
authority of the Administrator to revise any list referred to in sub-
section (a) with respect to any substance (whether or not enumerated 
in subsection (a)). 
" ( c W l ) Before listing any source material, special nuclear, or 
byproduct material (or component or derivative thereof) as provided 
in subsection (a), the Administrator shall consult with the Nuclear 
Kegulatory Commission. 
"(2) Not later than six months after listing any such material (or 
component or derivative thereof) the Administrator and the Nuclear 
Eegulatory Commission shall enter into an interagency agreement 
with respect to those sources or facilities which are under the jurisdic-
tion of the Commission. This agreement shall, to the maximum extent 
practicable consistent with this Act, minimize duplication of effort 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 721 
and conserve administrative resources in the establishment, imple-
mentation, and enforcement of emission limitations, standards of per-
formance, and other requirements and authorities (substantive and 
procedural) under this Act respecting the emission of such material 
(or component or derivative thereof) from such sources or facilities. 
"(3) In case of any standard or emission limitation promulgated 
by the Administrator, under this Act or by any State (or the Admin-
istrator) under any applicable implementation plan under this Act, 
if the Nuclear Regulatory Commission determines, after notice and 
opportunity for public hearing that the application of such standard 
or limitation to a source or facility within the jurisdiction of the Com-
mission would endanger public health or safety, such standard or 
limitation shall not apply to such facilities or sources unless the Presi-
dent determines otherwise within ninety days from the date of such 
finding.". 
(b) The Administrator of the Environmental Protection Agency 
shall conduct a study, in conjunction with other appropriate agencies, 
concerning the effect on the public health and welfare of sulfates, 
radioactive pollutants, cadmium, arsenic, and polycyclic organic mat-
ter which are present or may reasonably be anticipated to occur in the 
ambient air. Such study shall include a thorough investigation of how 
sulfates are formed and how to protect public health and welfare from 
the injurious effects, if any, of sulfates, cadmium, arsenic, and poly-
cyclic organic matter. 
STACK HEIGHTS 
SEC. 121. Part A of title I of the Clean Air Act is amended by adding 
the following new section at the end thereof: 
Notice and 
hearing. 
Study by EPA. 
42 u s e 7422 
note. 
a 
STACK HEIGHTS 
"SEC. 123. (a) The degree of emission limitation required for control 
of any air pollutant under an applicable implementation plan under 
this title shall not be affected in any manner by— 
"(1) so much of the stack height of any source as exceeds good 
engineering practice (as determined under regulations promul-
gated by the Administrator), or 
"(2) any other dispersion technique. 
The preceding sentence shall not apply with respect to stack heights 
in existence before the date of enactment of the Clean Air Amendments 
of 1970 or dispersion techniques implemented before such date. In 
establishing an emission limitation for coal-fired steam electric gener-
ating units which are subject to the provisions of section 118 and 
which commenced operation before July 1, 1957, the effect of the 
entire stack height of stacks for which a construction contract was 
awarded before February 8, 1974, may be taken into account. 
"(b) For the purpose of this section, the term 'dispersion technique' 
includes any intermittent or supplemental control of air pollutants 
varying with atmospheric conditions. 
"(c) Not later than six months after the date of enactment of this 
section, the Administrator, shall after notice and opportunity for 
public hearing, promulgate regulations to carry out this section. For 
purposes of this section, good engineering practice means, with respect 
to stack heights, the height necessary to insure that emissions from the 
stack do not result in excessive concentrations of any air pollutant 
in the immediate vicinity of the source as a result of atmospheric 
downwash, eddies and wakes which may be created by the source itself, 
42 use 7423. 
42 use 7401 
note. 
Ante, p. 711. 
"Dispersion 
technique." 
Regulations. 
Notice and 
hearing. 
Good engineering 
practice. 
91 STAT. 722 
PUBLIC LAW 95-95—AUG. 7, 1977 
nearby structures or nearby terrain obstacles (as determined by the 
Administrator). For purposes of this section such height shall not 
exceed two and a half times the height of such source unless the owner 
or operator of the source demonstrates, after notice and opportunity 
for public hearing, to the satisfaction of the Administrator, that a 
greater height is necessary as provided under the preceding sentence. 
In no event may the Administrator prohibit any increase in any stack 
height or restrict in any manner the stack height of any source.". 
ASSURANCE OF PLAN ADEQUACY 
SEC. 122. Part A of title I of the Clean Air Act is amended by adding 
the following new sections at the end thereof: 
Review. 
42 use 7424. 
Plan revision. 
ASSURANCE OF ADEQUACY OF STATE PLANS 
"SEC. 124. (a) As expeditiously as practicable but not later than 
one year after date of enactment of this section, each State shall 
review the provisions of its implementation plan which relate to major 
fuel burning sources and shall determine— 
"(1) the extent to which compliance with requirements of such 
plan is dependent upon the use by major fuel burning stationary 
sources of petroleum products or natural gas, 
"(2) the extent to which such plan may reasonably be antici-
pated to be inadequate to meet the requirements of this Act in such 
State on a reliable and long-term basis by reason of its depend-
ence upon the use of such fuels, and 
"(3) the extent to which compliance with the requirements of 
such plan is dependent upon use of coal or coal derivatives which 
is not locally or regionally available. 
Each State shall submit the results of its review and its determination 
under this paragraph to the Administrator promptly upon completion 
thereof. 
"(b) (1) Not later than eighteen months after the date of enactment 
of this section, the Administrator shall review the submissions of the 
States under subsection (a) and shall require each State to revise its 
plan if, in the judgment of the Administrator, such plan revision is 
necessary to assure that such plan will be adequate to assure compli-
ance with the requirements of this Act in such State on a reliable and 
long-term basis, taking into account the actual or potential prohibi-
tions on use of petroleum products or natural gas, or both, under any 
other authority of law. 
"(2) Before requiring a plan revision under this subsection, with 
respect to any State the Administrator shall take into account the 
report of the review conducted by such State under paragraph (1) and 
shall consult with the Governor of the State respecting such required 
revision. 
(( 
Notice and 
hearing. 
42 use 7425. 
MEASURES TO PREVENT ECONOMIC DISRUPTION OR UNEMPLOYMENT 
"SEC. 125. (a) After notice and opportunity for a public hearing— 
"(1) the Governor of any State in which a major fuel burning 
stationary source referred to in this subsection (or class or cate-
gory thereof) is located, 
"(2^ the Administrator, or 
" (3) the President (or his designee), 
may determine that action under subsection (b) is necessary to prevent 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 723 
Consumer costs, 
consideration. 
or minimize significant local or regional economic disruption or unem-
ployment which would otherwise result from use by such source (or 
class or category) of— 
"(A) coal or coal derivatives other than locally or regionally 
available coal, 
"TB) petroleum products, 
"(C) natural gas, or 
"(D) any combination of fuels referred to in subparagraphs 
(A) through (C), 
to comply with the requirements of a State implementation plan, 
" (b) Upon a determination under subsection (a)— 
"(1) such Governor, with the written consent of the President or 
his designee, 
"(2) the President's designee with the written consent of such 
Governor, or 
"(3) the President 
may by rule or order prohibit any such major fuel burning stationary 
source (or class or category thereof) from using fuels other than 
locally or regionally available coal or coal derivatives to comply with 
implementation plan requirements. In taking any action under this 
subsection, the Governor, the President, or the President's designee as 
the case may be, shall take into account, the final cost to the consumer 
of such an action. 
"(c) The Governor, in the case of action under subsection (b) (1), 
or the Administrator, in the case of an action under subsection (b) 
(2) or (3) shall, by rule or order, require each source to which such 
action applies to— 
" (1) enter into long-term contracts of at least ten years in dura-
tion (except as the President or his designee may otherwise 
permit or require by rule or order for good cause) for supplies of 
regionally available coal or coal derivatives, 
"(2) enter into contracts to acquire any additional means of 
emission limitation which the Administrator or the State deter-
mines may be necessary to comply wath the requirements of this 
Act while using such coal or coal derivatives as fuel, and 
"(3) comply with such schedules (including increments of 
progress), timetables and other requirements as may be necessary 
to assure compliance with the requirements of this Act. 
Requirements under this subsection shall be established simultane-
ously with, and as a condition of, any action under subsection (b). 
"(d) This section applies onl}^ to existing or new major fuel burn- Applicability 
ing stationary Gources^— 
"(1) which have the design capacity to produce 250,000,000 
Btu's per hour (or its equivalent), as determined by the Admin-
istrator, and 
"(2) which are not in compliance with the requirements of an 
applicable implementation plan or which are prohibited from 
burning oil or natural gas, or both, under any other authority 
of law. 
"(e) Except as may otherwise be provided by rule by the State or 
the Administrator for good cause, any action required to be taken by 
a major fuel burning stationary source under this section shall not 
be deemed to constitute a modification for purposes of section 111(a) 
(2) and (4) of this Act. 
"(f) For purposes of sections 113 and 120 a prohibition under sub-
section (b), and a corresponding rule or order under subsection (c), 
shall be treated as a requirement of section 113. For purposes of any 
42 use 7411. 
Ante, pp. 704, 
705. 
Ante, p. 714. 
91 STAT. 724 
PUBLIC LAW 95-95—AUG. 7, 1977 
Ante, p. 694. 
Ante, pp. 704, 
705. 
Authority 
delegation. 
"Locally or 
regionally 
available coal or 
coal derivatives." 
plan (or portion thereof) promulgated under section 110(c), any 
rule or order under subsection (c) corresponding to a prohibition 
under subsection (b), shall be treated as a part of such plan. For pur-
poses of section 113, a prohibition under subsection (b), applicable to 
any source, and a corresponding rule or order under subsection (c), 
shall be treated as part of the applicable implementation plan for the 
State in which subject source is located. 
"(g) The President may delegate his authority under this section 
to an officer or employee of the United States designated by him on 
a case-by-case basis or in any other manner he deems suitable. 
"(h) For the purpose of this section the term 'locally or regionally 
available coal or coal derivatives' means coal or coal derivatives which 
is, or can in the judgment of the State or the Administrator feasibly 
be, mined or produced in the local or regional area (as determined 
by the Administrator) in which the major fuel burning stationary 
source is located.". 
INTERSTATE POLLUnON ABATEMENT 
SEC. 123. Part A of title I of the Clean Air Act is amended by adding 
at the end thereof the following new section: 
"INTERSTATE POLLUTION ABATEMENT 
42 use 7426. 
"SEC. 126. (a) Each applicable implementation plan shall— 
"(1) require each major proposed new (or modified) source— 
Post, p. 731. 
" (A) subject to part C, relating to significant deterioration 
of air quality, or 
"(B) which may significantly contribute to levels of air 
pollution in excess of the national ambient air quality stand-
ards in any air quality control region outside the State in 
which such source intends to locate 
(or make such 
modification), 
to provide written notice to all nearby States the air pollution 
levels of which may be affected by such source at least sixty days 
prior to the date on which commencement of construction is to be 
permitted by the State providing notice, and 
"(2) identify all ma] or existing stationary sources which may 
have the impact described in paragraph (1) with respect to new 
or modified sources and provide notice to all nearby States of the 
identity of such sources not later than three months after the 
''"" 
date of enactment of the Clean Air Act Amendments of 1977. 
Petition. 
"(b) Any State or political subdivision may petition the Adminis-
trator for a finding that any major source emits or would emit any air 
Ante, p. 693. 
pollutant in violation of the prohibition of section 110(a) (2) (E) (i). 
Hearing. 
Within 60 days after receipt of any petition under this subsection and 
after public hearing, the Administrator shall make such a finding or 
deny the petition. 
"(c) Notwithstanding any permit which may have been granted by 
the State in which the source is located (or intends to locate), it shall 
be a violation of the applicable implementation plan in such State— 
"(1) for any major proposed new (or modified) source with 
respect to which a finding has been made under subsection (b) to 
be constructed or to operate in violation of the prohibition of sec-
tion, 110(a) (2) (E) (i), or 
"(2) for any major existing source to operate more than three 
months after such finding has been made with respect to it. 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 725 
The Administrator may permit the continued operation of a source 
referred to in paragraph (2) beyond the expiration of such three-
month period if such source complies with such emission limitations 
and compliance schedules (containing' increments of progress) as may 
be provided by the Administrator to bring about compliance with the 
requirements contained in section 110(a) (2) (E) (i) as expeditiously Ante, p. 693. 
as practicable, but in no case later than three years after the date of 
such finding. Nothing in the preceding sentence shall be construed to 
preclude any such source from being eligible for an enforcement order 
under section 113(d) after the expiration of such period during which 
the Administrator has permitted continuous operation.". 
Ante, p. 705. 
PUBLIC NOTIFICATION 
SEC. 124. Part A of title I of the Clean Air Act is amended by adding 
the following new section at the end thereof: 
"SEC. 127. (a) Each State plan shall contain measures which will be 42 USC 7427. 
effective to notify the public during any calendar on a regular basis 
of instances or areas in which any national primary ambient air quality 
standard is exceeded or was exceeded during any portion of the preced-
ing calendar year to advise the public of the health hazards associated 
with such pollution, and to enhance public awareness of the measures 
which can be taken to prevent such standards from being exceeded and 
the ways in which the public can participate in regulatory and other 
efforts to improve air quality. Such measures may include the posting 
of warning signs on interstate highway access points to metropolitan 
areas or television, radio, or press notices or information. 
"(b) The Administrator is authorized to make grants to States to Grants, 
assist in carrying out the requirements of subsection (a).". 
STATE BOARDS 
SEC. 125. Part A of title I of the Clean Air Act is amended by adding 
the following new section at the end thereof: 
STATE BOARDS 
"SEC. 128. (a) Not later than the date one year after the date of the 
enactment of this section, each applicable implementation plan shall 
contain requirements that— 
" (1) any board or body which approves permits or enforcement 
orders under this Act shall have at least a majority of members 
who represent the public interest and do not derive any significant 
portion of their income from persons subject to permits or enforce-
ment orders under this Act, and 
" (2) any potential conflicts of interest by members of such board 
or body or the head of an executive agency with similar powers 
be adequately disclosed. 
A State may adopt any requirements respecting conflicts of interest 
for such boards or bodies or heads of executive agencies, or any other 
entities which are more stringent than the requirements of paragraph 
(1) and (2), and the Administrator shall approve any such more 
stringent requirements submitted as part of an implementation plan.". 
OZONE PROTECTION 
SEC. 126. Title I of the Clean Air Act is amended by adding at the 
end thereof the following new part: 
Conflict of 
interest. 
42 USC 7428. 
91 STAT. 726 
PUBLIC LAW 95-95—AUG. 7, 1977 
"PART B—OZONE PROTECTION 
"PURPOSES 
42 use 7450. 
"SEC. 150. The purposes of this part are (1) to provide for a better 
understanding of the effects of human actions on the stratosphere, 
especially the ozone in the stratosphere, (2) to provide for a better 
understanding of the effects of changes in the stratosphere, especially 
the ozone in the stratosphere on the public health and welfare, (3) to 
provide information on the progress of regulation of activities which 
may reasonably be anticipated to affect the ozone in the stratosphere 
in such a way as to cause or contribute to endangerment of the public 
health or welfare, and (4) to provide information on the need for 
additional legislation in this area, if any. 
u. 
FINDINGS AND DEFINITIONS 
42 use 7451. 
"SEC. 151. (a) The Congress finds, on the basis of presently avail-
able information, that— 
"(1) halocarbon compounds introduced into the environment 
potentially threaten to reduce the concentration of ozone in the 
stratosphere; 
"(2) ozone reduction will lead to increased incidence of solar 
ultraviolet radiation at the surface of the Earth; 
"(3) increased incidence of solar ultraviolet radiation is likely 
to cause increased rates of disease in humans (including increased 
rates of skin cancer), threaten food crops, and otherwise damage 
the natural environment; 
"(4) other substances, practices, processes, and activities may 
affect the ozone in the stratosphere, and should be investigated 
to give early warning of any potential problem and to develop 
the basis for possible future regulatory action; and 
"(6) there is some authority under existing law, to regulate 
certain substances, practices, processes, and activities which may 
affect the ozone in the stratosphere. 
(( 
DEFINITIONS 
42 use 7452. 
"SEC. 152. For the purposes of this subtitle— 
"(1) the term 'halocarbon' means the chemical compounds 
CFCI3 and CF2CI2 and such other halogenated compounds as the 
Administrator determines may reasonably be anticipated to con-
tribute to reductions in the concentration of ozone in the strato-
sphere ; 
" (2) the term 'stratosphere' means that part of the atmosphere 
above the tropopause. 
ii STUDIES BY ENVlRONMENTAIi PROTECTION AGENCY 
42 use 7453. 
'^SEC. 153. (a) The Administrator shall conduct a study of the cumu-
lative effect of all substances, practices, processes, and activities which 
may affect the stratosphere, especially ozone in the stratosphere. The 
study shall include an analysis of the independent effects on the strato-
sphere especially such ozone in the stratosphere of— 
" (1) the release into the ambient air of halocarbons, 
" (2) the release into the ambient air of other sources of chlorine, 
" (3) the uses of bromine compounds, and 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 727 
"(4) emissions of aircraft and aircraft propulsion systems 
employed by operational and experimental aircraft. 
The study shall also include such physical, chemical, atmospheric, 
biomedical, or other research and monitoring as may be necessary to 
ascertain (A) any direct or indirect effects upon the public health 
and welfare of changes in the stratosphere, especially ozone in the 
stratosphere, and (B) the probable causes of changes in the strato-
sphere, especially the ozone in the stratosphere. 
"(b) The Administraor shall undertake research on— 
"(1) methods to racover and recycle substances which directly 
or indirectly affect the stratosphere, especially ozone in the 
stratosphere, 
"(2) methods of preventing the escape of such substances, 
"(3) safe substitutes for such substances, and 
" (4) other methods to regulate substances, practices, processes, 
and activities which may reasonably be anticipated to affect the 
stratosphere, especially ozone in the stratosphere. 
"(c) (1) The studies and research conducted under this section may 
be undertaken with such cooperation and assistance from universities 
and private industry as may be available. Each department, agency, 
and instrumentality of the United States having the capability to do 
so is authorized and encouraged to provide assistance to the Admin-
istrator in carrying out the requirements of this section, including 
(notwithstanding any other provision of law) any services which 
such department, agency, or instrumentality may have the capability 
to render or obtain by contract with third parties. 
"(2) The Administrator shall encourage the cooperation and 
assistance of other nations in carrying out the studies and research 
under this section. The Administrator is authorized to cooperate with 
and support similar research efforts of other nations. 
"(d)(1) The Administrator shall undertake to contract with the 
National Academy of Sciences to study the state of knowledge and 
the adequacy of research efforts to understand (A) the effects of all 
substances, practices, processes, and activities which may affect the 
stratosphere, especially ozone in the stratosphere; (B) the health and 
welfare effects of modifications of the stratosphere, especially ozone 
in the stratosphere; and (C) methods of control of such substances, 
practices, processes, and activities including alternatives, costs, feasi-
bility, and timing. The Academy shall make a report of its findings 
by January 1,1978. 
"(2) The Administrator shall make available to the Academy such 
information in the Administrator's possession as is needed for the 
purposes of the study provided for in this subsection. 
"(e) The Secretary of Labor shall study and transmit a report to 
the Administrator and the Congress not later than six months after 
date of enactment, with respect to the losses and gains to industry 
and employment which could result from the elimination of the use 
of halocarbons in aerosol containers and for other purposes. Such 
report shall include recommended means of alleviating unemployment 
or other undesirable economic impact, if any, resulting therefrom. 
"(f) (1) The Administrator shall establish and act as Chairman of 
a Coordinating Committee for the purpose of insuring coordination 
of the efforts of other Federal agencies carrying out research and 
studies related to or supportive of the research provided for in sub-
sections (a) and (b) and section 154. 
"(2) Members of the Coordinating Connnittee shall include the 
Report. 
Report to 
Administrator 
and Congress. 
Coordinating 
Committee. 
Establishment. 
91 STAT. 728 
PUBLIC LAW 95-95—AUG. 7, 1977 
Reports to 
Coordinating 
Committee. 
Report to 
congressional 
committees. 
appropriate official responsible for the relevant research efforts of 
each of the following agencies: 
"(A) the National Oceanic and Atmospheric Administration, 
"(B) the National Aeronautics and Space Administration, 
"(C) the Federal Aviation Administration, 
"(D) the Department of Agriculture, 
"(E) the National Cancer Institute, 
"(F) the National Institute of Environmental Health Sciences, 
"(G) the National Science Foundation, and the appropriate 
officials responsible for the relevant research efforts of such other 
agencies carrying out related efforts as the Chairman shall desig-
nate. A representative of the Department of State shall sit on the 
Coordinating Committee to encourage and facilitate international 
coordination. 
"(3) The Coordinating Committee shall review and comment on 
plans for, and the execution and results of, pertinent research and 
studies. For this purpose, the agencies named in or designated under 
paragraph (2) of this subsection shall make appropriate and timely 
reports to the Coordinating Committee on plans for and the execution 
and results of such research and studies. 
" (4) The Chairman may request a report from any Federal Agency 
for the purpose of determining if that agency should sit on the Coordi-
nating Committee. 
"(g) Not later than January 1, 1978, and biennially thereafter, the 
Administrator shall report to the appropriate conmiittees of the House 
and the Senate, the results of the studies and research conducted under 
this section and the results of related research and studies conducted 
by other Federal agencies. 
42 use 7454. 
Reports to 
Administrator 
and Congress. 
42 use 2481. 
Reports to 
Administrator 
and Congress. 
Reports to 
Administrator 
and Congress. 
"RESEARCH AND MONITORING BY OTHER AGENCIES 
"SEC. 154. (a) The Administrator of the National Oceanic and 
Atmospheric Administration shall establish a continuing program of 
research and monitoring of the stratosphere for the purpose of early 
detection of changes in the stratosphere and climatic effects of such 
changes. Such Administrator shall on or before January 1, 1978, and 
biennially thereafter, transmit such report to the Administrator and 
the Congress on the findings of such research and monitoring. Such 
report shall contain any appropriate recommendations for legislation 
or regulation (or both). 
"(b) The National Aeronautics and Space Administration shall, 
pursuant to its authority under title IV of the National Aeronautics 
and Space Act of 1958, continue programs of research, technolo<ry, 
and monitoring of the stratosphere for the purpose of understanding 
the physics and chemistry of the stratosphere and for the early detec-
tion of potentially harmful changes in the ozone in the stratosphere. 
Such Administration shall transmit reports by January 1, 1978, and 
biennially thereafter to the Administrator and the Congress on the 
results of the programs authorized in this subsection, together with 
any appropriate recommendations for legislation or regulation (or 
both). 
" (c) The Director of the National Science Foundation shall encour-
age and support ongoing stratospheric research programs and con-
tinuing research programs that will increase scientific knowledcre of 
the effects of changes in the ozone laver in the stratosphere upon living 
organisms and ecosystems. Such Director shall transmit reports by 
January 1, 1978, and biennially thereafter to the Administrator and 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 729 
the Congress on the results of such programs, together with any appro-
priate recommendations for legislation or regulation (or both). 
"(d) The Secretary of Agriculture shall encourage and support 
continuing research programs that will increase scientific knowledge 
of the effects of changes in the ozone in the stratosphere upon animals, 
crops, and other plant life. Such Secretary shall transmit reports by 
January 1, 1978, and biennially thereafter to the Administrator and 
the Congress on the results of such programs together with any appro-
priate recommendations for legislation or regulation (or both). 
"(e) The Secretary of Health, Education, and Welfare shall 
encourage and support continuing research programs that will increase 
scientific knowledge of the effects of changes in the ozone in the strat-
osphere upon human health. Such Secretary shall transmit reports 
by January 1, 1978, and biennially thereafter, to the Administrator 
and the Congress on the results of such programs, together with any 
appropriate recommendations for legislation or regulation (or both). 
"(f) In carrying out subsections (a) through (e) of this section, 
the agencies involved (1) shall enlist and encourage cooperation and 
assistance from other Federal agencies, universities, and private indus-
try, and (2) shall solicit the views of the Administrator with regard 
to plans for the research involved so that any such research will, if 
regulatory action by the Administrator is indicated, provide the pre-
liminary information base for such action. 
Report to 
Administrator 
and Congress. 
Report to 
Administrator 
and Congress. 
a. 
PROGRESS OF REGULATION 
"SEC. 155. The Administrator shall provide an interim report to 
the Congress by January 1, 1978, shall provide a final report within 
two years after date of enactment, and shall provide follow-up reports 
annually thereafter on the actions taken by the Environmental Pro-
tection Agenc;^ and all other Federal agencies to reflate sources of 
halocarbon emissions, the results of such regulations m protecting the 
ozone layer, and the need for additional regulatory action, if any. 
The reports under this section shall also include recommendations for 
the control of substances, practices, processes, and activities other 
than those involving halocarbons, which are found to affect the ozone 
in the stratosphere and which may cause or contribute to harmful 
effects on public health or welfare. 
Interim, final, 
and annual 
reports to 
Congress. 
42 use 7455. 
INTERNATIONAL 
COOPERATION 
"SEC. 156. The President shall undertake to enter into international 
agreements to foster cooperative research which complements studies 
and research authorized by this part, and to develop standards and 
regulations which protect the stratosphere consistent with regula-
tions applicable within the United States. For these purposes the Presi-
dent through the Secretary of State and the Assistant Secretary of 
State for Oceans and International Environmental and Scientific 
Affairs, shall negotiate multilateral treaties, conventions, resolutions, 
or other agreements, and formulate, present, or support proposals at 
the United Nations and other appropriate international forums and 
shall report to the Congress periodically on efforts to arrive at such 
agreements. 
"REGULATIONS 
"SEC. 157. (a) If at any time prior to the submission of the final 
report referred to in section 155 in the Administrator's judgment, any 
Agreements. 
Standards and 
regulations. 
42 use 7456. 
Report to 
Congress. 
Notice to 
Congress. 
42 u s e 7457. 
91 STAT. 730 
PUBLIC LAW 95-95—AUG. 7, 1977 
substance, practice, process, or activity may reasonably be anticipated 
to affect the stratosphere, especially ozone in the stratosphere, and 
such effect may reasonably be anticipated to endanger public health 
or welfare, the Administrator shall promptly promulgate regulations 
respecting the control of such substance, practice, process, or activity, 
and shall simultaneously submit notice of the promulgation of such 
regulations to the Congress. 
"(b) Upon submission of the final report referred to in section 155, 
and after consideration of the research and study under sections 153 
and 154 and, consultation with appropriate Federal agencies and sci-
entific entities, the Administrator shall propose regulations for the 
control of any substance, practice, process, or activity (or any combina-
tion thereof) which in his judgment may reasonably be anticipated to 
affect the stratosphere, especially ozone in the stratosphere, if such 
effect in the stratosphere may reasonably be anticipated to endanger 
public health or welfare. Such regulations shall take into account the 
feasibility and the costs of achieving such control. Such regulations 
may exempt medical use products for which the Administrator deter-
mines there is no suitable substitute. Not later than three months after 
proposal of such regulations the Administrator shall promulgate such 
regulations in final form. From time to time, and under the same proce-
dures, the Administrator may revise any of the regulations submitted 
under this subsection. 
u 
42 use 7458. 
Post, pp. 769, 
791. 
15 use 2601 
note. 
15 use 2608. 
OTHER PROVISIONS UNAFFECTED 
"SEC. 158. Nothing in this part shall be construed to alter or affect 
the authority of the Administrator under section 303 (relating to emer-
gency powers), under section 231 (relating to aircraft emission stand-
ards), or under any other provision of this Act or to affect the 
authority of any other department, agency, or instrumentality of the 
United States under any other provision of law to promulgate or 
enforce any requirement respecting the control of any substance, 
practice, process, or activity for purposes of protecting the stratosphere 
or ozone in the stratosphere. In the case of any proposed rule respecting 
ozone in the stratosphere which has been published under the Toxic 
Substances Control Act prior to the date of enactment of this Act 
notwithstanding section 9(b) of such Act, nothing in this part shall 
be construed to prohibit or restrict the Administrator from taking 
any action under the Toxic Substances Control Act respecting the 
promulgation or enforcement of such rule. 
u 
STATE AUTHORITY 
42 use 7459. 
"SEC. 159. (a) Nothing in this part shall preclude or deny any State 
or political subdivision thereof from adopting or enforcing any 
requirement respecting the control of any substance, practice, process, 
or activity for purposes of protecting the stratosphere or ozone in the 
stratosphere except as otherwise provided in subsection (b). 
"(b) If a regulation of any substance, practice, process, or activity 
is in effect under this part in order to prevent or abate any risk to the 
stratosphere, or ozone in the stratosphere, no State or political sub-
division thereof may adopt or attempt to enforce any requirement 
respecting the control of any such substance, practice, process, or 
activity to prevent or abate such risk, unless the requirement of the 
State or political subdivision is identical to the requirement of such 
PUBLIC LAW 95-95—AUG. 7, 1977 
regulation. The preceding sentence shall not apply with respect to any 
law or regulation of any State or political subdivision controlling the 
use of haiocarbons as propellants in aerosol spray containers.". 
PREVENTION OF SIGNIFICANT DETERIORATION 
SEC. 127. (a) Title I of the Clean Air Act is amended by adding 
the following new part at the end thereof: 
"PART C—PREVENTION OF SIGNIFICANT DETERIORATION OF AIR 
QUALITY 
"SUBPART I 
91 STAT. 731 
"PURPOSES 
"SEC. 160. The purposes of this part are as follows: 
"(1) to protect public health and welfare from any actual or 
potential adverse effect which in the Administrator's judgment 
may reasonably be anticipate to occur from air pollution or 
from exposures to pollutants in other media, which pollutants 
originate as emissions to the ambient air), notwithstanding attain-
ment and maintenance of all national ambient air quality 
standards; 
" (2) to preserve, protect, and enhance the air quality in national 
parks, national wilderness areas, national monuments, national 
seashores, and other areas of special national or regional natural, 
recreational, scenic, or historic value; 
"(3) to insure that economic growth will occur in a manner 
consistent with the preservation of existing clean air resources; 
"(4) to assure that emissions from any source in any State 
will not interfere with any portion of the applicable imple-
mentation plan to prevent significant deterioration of air quality 
for any other State; and 
"(5) to assure that any decision to permit increased air pollu-
tion in any area to which this section applies is made only after 
careful evaluation of all the consequences of such a decision and 
after adequate procedural opportunities for informed public 
participation in the decisionmaking process. 
42 use 7470. 
'PLAN 
REQUIREMENTS 
"SEC. 161. In accordance with the policy of section 101(b) (1), each 
applicable implementation plan shall contain emission limitations and 
such other measures as may be necessary, as determined under regula-
tions promulgated under this part, to prevent significant deterioration 
of air quality in each region (or portion thereof) identified pursuant to 
section 107(d) (1) (D) or (E). 
Regulations. 
42 use 7471. 
42 use 7401. 
Ante, p. 687. 
"INITIAL CLASSIFICATIONS 
"SEC. 162. (a) Upon the enactment of this part, all— 
"(1) international parks, 
"(2) national wilderness areas which exceed 5,000 acres in 
size, 
"(3) national memorial parks which exceed 5,000 acres in size, 
and 
42 use 7472. 
91 STAT. 732 
PUBLIC LAW 95-95—AUG. 7, 1977 
Ante, p. 687. 
"(4) national parks which exceed six thousand acres in size 
and which are in existence on the date of enactment of the Clean Air 
Act Ajnendments of 1977 shall be class I areas and may not be redesig-
nated. All areas which were redesignated as class I under regulations 
promulgated before such date of enactment shall be class I areas which 
may be redesignated as provided in this part. 
"(b) All areas in such State identified pursuant to section 107(d) 
(1) (D) or (E) which are not established as class I under subsection 
(a) shall be class II areas unless redesignated under section 164. 
Sulfur oxide and 
particulate 
matter. 
42 use 7473. 
INCREMENTS AND CEILINGS 
"SEC. 163. (a) In the case of sulfur oxide and particulate matter, 
each applicable implementation plan shall contain measures assuring 
that maximum allowable increases over baseline concentrations of, and 
maximum allowable concentrations of, such pollutant shall not be 
exceeded. In the case of any maximum allowable increase (except an 
allowable increase specified under 165(d) (2) (C) (iv) for a pollutant 
based on concentrations permitted under national ambient air qual-
ity standards for any period other than an annual period, such regu-
lations shall permit such maximum allowable increase to be exceeded 
during one such period per year. 
"(b) (1) For any class I area, the maximum allowable increase in 
concentrations of sulfur dioxide and particulate matter over the base-
line concentration of such pollutants shall not exceed the following 
amounts: 
"Pollutant 
> 
Maximum allowable increase (In 
Particulate matter: 
mlcroRrams per cubic meter) 
Annual geometric mean 
5 
Twenty-four-hour maximum 
10 
Sulfur dioxide: 
Annual arithmetic mean 
2 
Twenty-four-hour 
maximum 
5 
Three-hour maximum 
25 
"(2) For any class II area, the maximum allowable increase in con-
centrations of sulfur dioxide and particulate matter over the baseline 
concentration of such pollutants shall not exceed the following 
amounts: 
"Pollutant 
Maximum allowable increase (In 
Particulate matter: 
micrograms per cubic meter) 
Annual geometric mean 
19 
Twenty-four-hour maximum 
37 
Sulfur dioxide: 
Annual arithmetic mean 
20 
Twenty-four-hour maximum 
^ 
, 
91 
Three-hotir maximum 
512 
"(3) For any class III area, the maximum allowable increase in 
concentrations of sulfur dioxide and particulate matter over the base-
line concentration of such pollutants shall not exceed the following 
amounts: 
Poi.«/.,ii^+J^Tftof+n,.. 
Maximum allowable increase (in 
x-arucuiate matter. 
micrograms per cubic meter) 
Annual geometric mean 
37 
Twenty-four-hour maximum 
75 
Sulfur dioxide: 
Annual arithmetic mean 
40 
Twenty-four-hour maximum 
. 
. 
182 
Three-hour maximum 
. 
700 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 733 
Notice and 
hearing. 
15 use 792. 
"(4) The maximum allowable concentration of any air pollutant 
in any area to which this part applies shall not exceed a concentration 
for such pollutant for each period of exposure equal to— 
"(A) the concentration permitted under the national secondary 
ambient air quality standard, or 
"(B) the conceiitration permitted under the national primary 
ambient air quality standard, 
whichever concentration is lowest for such pollutant for such period 
of exposure. 
"(c)(1) In the case of any State which has a plan approved by 
the Administrator for purposes of carrying out this part, the Governor 
of such State may, after notice and oj)portunity for public hearing, 
issue orders or promulgate rules providing that for purposes of deter-
mining compliance with the maximum allowable increases in ambient 
concentrations of an air pollutant, the following concentrations of 
such pollutant shall not be taken into account: 
"(A) concentrations of such pollutant attributable to the 
increase in emissions from stationary sources which have con-
verted from the use of petroleum products, or natural gas, or both, 
by reason of an order which is in effect under the provisions of 
sections 2 (a) and (b) of the Energy Supply and Environmental 
Coordination Act of 1974 (or any subsequent legislation which 
supersedes such provisions) over the emissions from such sources 
before the effective date of such order. 
"(B) the concentrations of such pollutant attributable to the 
increase in emissions from stationary sources which have con-
verted from using natural gas by reason of a natural gas curtail-
ment pursuant to a natural gas curtailment plan in effect pursuant 
to the Federal Power Act over the emissions from such sources 16 USC 791a. 
before the effective date of such plan, 
"(C) concentrations of particulate matter attributable to the 
increase in emissions from construction or other temporary emis-
sion-related activities, and 
"(D) the increase in concentrations attributable to new sources 
outside the United States over the concentrations attributable to 
existing sources which are included in the baseline concentration 
determined in accordance with section 169(4). 
"(2) No action taken with respect to a source under paragraph 
(1) (A) or (1) (B) shall apply more than five years after the effective 
date of the order referred to in paragraph (1) (A) or the plan referred 
to in paragraph (1) (B), whichever is applicable. If both such order 
and plan are applicable, no such action shall apply more than five 
years after the later of such effective dates. 
"(3) No action under this subsection shall take effect unless the Order or rule. 
Governor submits the order or rule providing for such exclusion to 
the Administrator and the Administrator determines that such order 
or rule is in compliance with the provisions of this subsection. 
a 
AREA KEDESIGNATION 
"SEC. 164. (a) Except as otherwise provided under subsection (c), 
a State may redesignate such areas as it deems appropriate as class I 
areas. The following areas may be redesignated only as class I or I I : 
"(1) an area which exceeds ten thousand acres in size and is a 
national monument, a national primitive area, a national preserve, 
a national recreation area, a national wild and scenic river, a 
national wildlife refuge, a national lakeshore or seashore, and 
42 USC 7474. 
91 STAT. 734 
PUBLIC LAW 95-95—AUG. 7, 1977 
Notice and 
hearing. 
Notice of 
redesignation. 
list 
Regulations. 
Public inspection 
of plan. 
Notice and 
hearing. 
"(2) a national park or national wilderness area established 
after the date of enactment of this Act which exceeds ten thousand 
acres in size. 
Any area (other than an area referred to in paragraph (1) or (2) or 
an area established as class I under the first sentence of section 162(a)) 
may be redesignated by the State as class III if— 
"(A) such redesignation has been specifically approved by the 
Governor of the State, after consultation with the appropriate 
Committees of the legislature if it is in session or with the leader-
ship of the legislature if it is not in session (unless State law 
provides that such redesignation must be specifically approved 
by State legislation) and if general purpose units of local govern-
ment representing a majority of the residents of the area so 
redesignated enact legislation (including for such units of local 
government resolutions where appropriate) concurring in the 
State's redesignation; 
" (B) such redesignation will not cause, or contribute to, concen-
trations of any air pollutant which exceed any maximum allow-
able increase or maximum allowable concentration permitted 
under the classification of any other area; and 
"(C) such redesignation otherwise meets the requirements of 
this part. 
Subparagraph (A) of this paragraph shall not apply to area redesig-
nations by Indian tribes. 
"(b) (1) (A) Prior to redesignation of any area under this part, 
notice shall be ajfforded and public hearings shall be conducted in 
areas proposed to be redesignated and in areas which may be affected 
by the proposed redesignation. Prior to any such public hearing a 
satisfactory description and analysis of the health, environmental, 
economic, social, and energy effects of the proposed redesignation shall 
be prepared and made available for public inspection and prior to 
any such redesignation, the description and analysis of such effects 
shall be reviewed and examined by the redesignating authorities. 
"(B) Prior to the issuance of notice under subparagraph (A) 
respecting the redesignation of any area under this subsection, if such 
area includes any Federal lands, the State shall provide written notice 
to the appropriate Federal land manager and afford adequate oppor-
tunity (but not in excess of 60 days) to confer with the State respect-
ing the intended notice of redesignation and to submit written 
comments and recommendations with respect to such intended notice 
of redesignation. In redesignating any area under this section with 
respect to which any Federal land manager has submitted written 
comments and recommendations, the State shall publish a list of any 
inconsistency between such redesignation and such recommendations 
and an explanation of such inconsistency (together with the reasons 
for making such redesignation against the recommendation of the/ 
Federal land manager). 
"(C) The Administrator shall promulgate regulations not later than 
six months after date of enactment of this part, to assure, insofar as 
practicable, that prior to any public hearing on redesignation of any 
area, there shall be available for public inspection any specific plans 
for any new or modified major emitting facility which may be per-
mitted to be constructed and operated only if the area in question is 
designated or redesignated as class III. 
"(2) The Administrator may disapprove the redesignation of any 
area only if he finds, after notice and opportunity for public hearing, 
that such redesignation does not meet the procedural requirements of 
Indian 
reservations. 
Report to 
Congress. 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 735 
this section. If any such disapproval occurs, the classification of the 
area shall be that which was in effect prior to the redesignation which 
was disapproved. 
"(c) Lands within the exterior boundaries of reservations of fed-
erally recognized Indian tribes may be redesignated only by the appro-
priate Indian governing body. Such Indian governing body shall be 
subject in all respect to the provisions of subsection (e). 
"(d) The Federal Land Manager shall review all national monu-
ments, primitive areas, and national preserves, and shall recommend 
any appropriate areas for redesignation as class I where air quality 
related values are important attributes of the area. The Federal Land 
Manager shall report such recommendations, within supporting anal-
ysis, to the Congress and the affected States within one year after 
enactment of this section. The Inderal Land Manager shall consult 
with the appropriate States before making such recommendations. 
"(e) If any State affected by the redesignation of area by an Indian 
tribe or any Indian tribe affected by the redesignation of an area by a 
State disagrees with such redesignation of any area, or if a permit is 
proposed to be issued for any new major emitting facility proposed for 
construction in any State which the Governor of an affected State or 
governing body of an affected Indian tribe determines will cause or 
contribute to a cumulative change in air quality in excess of that 
allowed in this part within the affected State or tribal reservation, the 
Governor or Indian ruling body may request the Administrator to enter 
into negotiations with the parties involved to resolve such dispute. If 
requested by any State or Indian tribe involved, the Administrator 
shall make a recommendation to resolve the dispute and protect the 
air quality related values of the lands involved. If the parties involved 
do not reach agreement, the Administrator shall resolve the dispute 
and his determination, or the results of agreements reached through 
other means, shall become part of the applicable plan and shall be 
enforceable as part of such plan. In resolving such disputes relating to 
area redesignation, the Administrator shall consider the extent to 
which the lands involved are of sufficient size to allow effective air 
quality management or have air quality related values of such an area. 
PRECONSTRUCTION REQUIREMENTS 
"SEC. 165. (a) No major emitting facility on which construction is 42 USC 7475. 
commenced after the date of the enactment of this part, may be con-
structed in any area to which this part applies unless— 
"(1) a permit has been issued for such proposed facility in 
accordance with this part setting forth emission limitations for 
such facility which conform to the requirements of this part: 
"(2) the proposed permit has been subject to a review in Regulation, 
accordance with this section, the required analysis has been con- Hearing, 
ducted in accordance with regulations promulgated by the 
Administrator, and a public hearing has been held with oppor-
tunity for interested persons including representatives of the 
Administrator to appear and submit written or oral presentations 
on the air quality impact of such source, alternatives thereto, 
control technology requirements, and other appropriate consid-
erations ; 
"(3) the owner or operator of such facility demonstrates that 
emissions from construction or operation of such facility will not 
cause, or contribute to, air pollution in excess of any (A) maxi-
mum allowable increase or maximum allowable concentration for 
29-191+ 0 -
91 STAT. 736 
PUBLIC LAW 95-95—AUG. 7, 1977 
Ante, pp. 697, 
699-701, 703; 
Post, p. 791. 
Permit 
applications, 
transmittal to 
Administrator. 
Ante, pp. 
691-696. 
Notice. 
any pollutant in any area to which this part applies more than 
one time per year, (B) national ambient air quality standard in 
any air quality control region, or (C) any other applicable 
emission standard or standard of performance under this Act; 
" (4) the proposed facility is subject to the best available con-
trol technology for each pollutant subject to regulation under 
this Act emitted from, or which results from, such facility; 
"(5) the provisions of subsection (d) with respect to protection 
of class I areas have been complied with for such facility; 
"(6) there has been an analysis of any air quality impacts 
projected for the area as a result of growth associated with such 
facility; 
"(7) the person who owns or operates, or proposes to own or 
operate, a major emitting facility for which a permit is required 
under this part agrees to conduct such monitoring as may be nec-
essary to determine the effect which emissions from any such 
facility may have, or is having, on air quality in any area which 
may be affected by emissions from such source; and 
"(8) in the case of a source which proposes to construct in a 
class III area, emissions from which would cause or contribute 
to exceeding the maximum allowable increments applicable in a 
class II area and where no standard under section 111 of this Act 
has been promulgated subsequent to enactment of the Clean Air 
Act Amendments of 1977, for such source category, the Admin-
istrator has approved the determination of best available tech-
nology as set forth in the permit. 
"(b) The demonstration pertaining to maximum allowable increases 
required under subsection (a) (3) shall not apply to maximum allow-
able increases for class II areas in the case of an expansion or modifi-
cation of a major emitting facility which is in existence on the date 
of enactment of the Clean Air Act Amendments of 1977, whose actual 
allowable emissions of air pollutants, after compliance with subsex^tion 
(a) (4), will be less than fifty tons per year and for which the owner 
or operator of such facility demonstrates that emissions of particulate 
matter and sulfur oxides will not contribute to ambient air quality 
levels in excess of the national secondary ambient air quality standard 
for either of such pollutants. 
"(c) Any completed permit application under section 110 for a 
major emitting facility in any area to which this part applies shall 
be granted or denied not later than one year after the date of filing 
of such completed application. 
"(d) (1) Each State shall transmit to the Administrator a copy of 
each permit application relating to a major emitting facility received 
by such State and provide notice to the Administrator of every action 
related to the consideration of such permit. 
"(2) (A) The Administrator shall provide notice of the permit 
application to the Federal Land Manager and the Federal official 
charged with direct responsibility for management of any lands within 
a class I area which may be affected by emissions from the proposed 
facility. 
"(B) The Federal Land Manager and the Federal official charged 
with direct responsibility for management of such lands shall have 
an affirmative responsibility to protect the air quality related values 
(including visibility) of any such lands within a class I area and to 
consider, in consultation with the Administrator, whether a proposed 
major emitting facility will have an adverse impact on such values. 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 737 
"(C) (i) In any case where the Federal official charged with direct 
responsibility for management of any lands within a class I area or 
the Federal Land Manager of such lands, or the Administrator, or the 
governor of an adjacent State containing such a class I area files a 
notice alleging that emissions from a proposed major emitting facility 
may cause or contribute to a change in the air quality in such area and 
identifying the potential adverse impact of such change, a permit 
shall not l^ issued unless the owner or operator of such facility demon-
strates that emissions of particulate matter and sulfur dioxide will not 
cause or contribute to concentrations which exceed the maximum 
allowable increases for a class I area. 
"(ii) In any case where the Federal Land Manager demonstrates 
to the satisfaction of the State that the emissions from such facility 
will have an adverse impact on the air quality-related values (includ-
ing visibility) of such lands, notwithstanding the fact that the change 
in air quality resulting from emissions from such facility will not 
cause or contrbute to concentrations which exceed the maximum allow-
able increases for a class I area, a permit shall not be issued. 
"(iii) In any case where the owner or operator of such facility 
demonstrates to the satisfaction of the Federal Land Manager, and 
the Federal Land Manager so certifies, that the emissions from such 
facility will have no adverse impact on the air quality related values 
of such lands (including visibility), notwithstanding the fact that the 
change in air quality resulting from emissions from such facility will 
cause or contribute to concentrations, which exceed the maximum 
allowable increases for class I areas, the State may issue a permit. 
"(iv) In the case of a permit issued pursuant to clause (iii), such 
facility shall comply with such emission limitations under such permit 
as may be necessary to assure that emissions of sulfur oxides and par-
ticulates from such sources together with all other sources, will not 
exceed the following maximum allowable increases over the baseline 
concentration for such pollutants: 
,,_. ^. 
, ^ 
^^ 
Maximum allowable increase (in 
"Particulate matter: 
mlcroRrams per cubic meter) 
Annual geometric mean 
19 
Twenty-four-hour maximum 
37 
Sulfur dioxide: 
Annual arithmetic mean 
20 
Twenty-four-hour maximum 
91 
Three-hour maximum 
325 
"(D) (i) In any case where the owner or operator of a proposed 
major emitting facility who has been denied a certification under sub-
paragraph (C) (iii) demonstrates to the satisfaction of the Governor, 
after notice and public hearing, and the Governor finds, that the 
facility cannot be constructed by reason of any maximum allowable 
increase for sulfur dioxide for periods of twenty-four hours or less 
applicable to any class I area and, in the case of Federal mandatory 
class I areas, that a variance under this clause will not adversely affect 
the air quality related values of the area (including visibility), the 
Governor, after consideration of the Federal Land Manager's recom-
mendation (if any) and subject to his concurrence, may grant a vari-
ance from such maximum allowable increase. If such variance is 
granted, a permit may be issued to such source pursuant to the 
requirements of this subparagraph. 
"(ii) In any case in which the Governor recommends a variance 
under this subparagraph in which the Federal Land Manager does not 
concur, the recommendations of the Governor and the Federal Land 
Manager shall be transmitted to the President. The President may 
Notice and 
hearing. 
Variance 
recommenda-
tions, transmittal 
to President. 
91 STAT. 738 
PUBLIC LAW 95-95—AUG. 7, 1977 
approve the Governor's recommendation if he finds that such vari-
ance is in the national interest. No Presidential finding shall be review-
able in any court. The variance shall take effect if the President 
approves the Governor's recommendations. The President shall 
approve or disapprove such recommendation within ninety days after 
his receipt of the recommendations of the Governor and the Federal 
Land Manager. 
"(iii) In the case of a permit issued pursuant to this subparagraph, 
such facility shall comply with such emission limitations under such 
permit as may be necessary to assure that emissions of sulfur oxides 
from such source, together with all other sources, will exceed the other-
wise applicable maximum allowable increases for a period of exposure 
of twenty-four hours or less on not more than eighteen days during 
any annual period and that during such day such emissions will not 
exceed the following maximum allowable increases over the baseline 
concentration for such pollutant: 
Period of exposure 
24-hr maximum 
. . 
3-hr maximum 
MAXIIVIUIVI ALLOWABLE INCREASE 
[In micrograms per cubic meter] 
Low terrain 
areas 
36 
130 
High terrain 
areas 
62 
221 
Continuous air 
quality 
monitoring data. 
Regulations. 
Analysis. 
"(e)(1) The review provided for in subsection (a) shall be 
preceded by an analysis in accordance with regulations of the Admin-
istrator, promulgated under this subsection, which may be conducted 
by the State (or any general purpose unit of local government) or by 
the major emitting facility applying for such permit, of the ambient 
air quality at the proposed site and in areas which may be affected by 
emissions from such facility for each pollutant subject to regulation 
imder this Act M^hich will be emitted from such facility. 
"(2) Effective one year after date of enactment of this part, the 
analysis required by this subsection shall include continuous air 
quality monitoring data gathered for purposes of determining whether 
emissions from such facility will exceed the maximum allowable 
increases or the maximum allowable concentration permitted under 
this part. Such data shall be gathered over a period of one calendar 
year preceding the date of application for a permit under this part 
unless the State, in accordance with regulations promulgated by the 
Administrator, determines that a complete and adequate analysis for 
such purposes may be accomplished in a shorter period. The results 
of such analysis shall be available at the time of the public hearing 
on the application for such permit. 
Regulations. 
"(3) The Administrator shall within six months after the date of 
enactment of this part promulgate regulations respecting the analysis 
required under this subsection which regulations— 
"(A) shall not require the use of any automatic or uniform 
buffer zone or zones, 
"(B) shall require an analysis of the ambient air quality, 
climate and meteorology, terrain, soils and vegetation, and visi-
bility at the site of the proposed major emitting facility and in the 
area potentially affected by the emissions from such facility for 
each pollutant regulated under this Act which will be emitted 
from, or which results from the construction or operation of, such 
;: 
facility, the size and nature of the proposed facility, the degree of 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 739 
continuous emission reduction which could be achieved by such 
facility, and such other factors as may be relevant in determin-
ing the effect of emissions from a proposed facility on any air 
quality control region, 
"(C) shall require the results of such analysis shall be available 
at the time of the public hearing on the application for such 
permit, and 
"(D) shall specify with reasonable particularity each air quality 
model or models to be used under specified sets of conditions for 
purposes of this part. 
Any model or models designated under such regulations may be 
adjusted upon a determination, after notice and opportunity for pub-
lic hearing, by the Administrator that such adjustment is necessary to 
take into account unique terrain or meteorological characteristics of 
an area potentially affected by emissions from a source applying for a 
permit required under this part. 
Models, 
adjustment. 
Notice and 
hearing. 
a 
OTHER POLLUTANTS 
Study and 
regulations. 
42 use 7476. 
"SEC. 166. (a) In the case of the pollutants hydrocarbons, carbon 
monoxide, photochemical oxidants, and nitrogen oxides, the Adminis-
trator shall conduct a study and not later than two years after the 
date of enactment of this part, promulgate regulations to prevent the 
significant deterioration of air quality which would result from the 
emissions of such pollutants. In the case of pollutants for which 
national ambient air quality standards are promulgated after the date 
of the enactment of this part, he shall promulgate such regulations not 
more than 2 years after the date of promulgation of such standards. 
"(b) Eegulations referred to in subsection (a) shall become effec-
tive one year after the date of promulgation. Within 21 months after 
such date of promulgation such plan revision shall be submitted to the 
Administrator who shall approve or disapprove the plan within 25 
months after such date or promulgation in the same manner as 
required under section 110. 
"(c) Such regulations shall provide specific numerical measures 
against which permit applications may be evaluated, a framework for 
stimulating improved control technology, protection of air quality 
values, and fulfill the goals and purposes set forth in section 101 and 
section 160. 
"(d) The regulations of the Administrator under subsection (a) 
shall provide specific measures at least as effective as the increments 
established in section 163 to fulfill such goals and purposes, and may 
contain air quality increments, emission density requirements, or other 
measures. 
"(e) With respect to any air pollutant for which a national ambient 
air quality standard is established other than sulfur oxides or particu-
late matter, an area classification plan shall not be required under this 
section if the implementation plan adopted by the State and submitted 
for the Administrator's approval or promulgated by the Administra-
tor under section 110(c) contains other provisions which when con- ^n^. P- 694. 
sidered as a whole, the Administrator finds will carry out the purposes 
in section 160 at least as effectively as an area classification plan for 
such pollutant. Such other provisions referred to in the preceding 
sentence need not require the establishment of maximum allowable 
increases with respect to such pollutant for any area to which this 
section applies. 
Effective date. 
Ante, pp. 
691-696. 
42 use 7401. 
91 STAT. 740 
PUBLIC LAW 95-95—AUG. 7, 1977 
a. 
ENFORCEMENT 
. - 
. 
42 use 7477. 
"SEC. 167. The Administrator shall, and a State may, take such 
measures, including issuance of an order, or seeking injunctive relief, 
as necessary to prevent the construction of a major emitting facility 
which does not conform to the requirements of this part, or which is 
proposed to be constructed in any area included in the list promulgated 
pursuant to paragi-aph (1) (D) or (E) of subsection (d) of section 
Ante, p. 687. 
107 of this Act and which is not subject to an implementation plan 
which meets the requirements of this part. 
a 
PERIOD BEFORE PLAN APPROVAL 
42 use 7478. 
"SEC. 168. (a) Until such time as an applicable implementation plan 
is in effect for any area, which plan meets the requirements of this 
part to prevent significant deterioration of air quality with respect 
to any air pollutant, applicable regulations under this Act prior to 
enactment of this part shall remain in effect to prevent significant 
deterioration of air quality in any such area for any such pollutant 
except as otherwise provided in subsection (b). 
Regulation. 
"(b) If any regulation in effect prior to enactment of this part to 
prevent significant deterioration of air quality would be inconsistent 
with the requirements of section 162(a), section 163(b) or section 
164(a), then such regulations shall be deemed amended so as to con-
form with such requirements. In the case of a facility on which 
construction was commenced in accordance with this definition after 
June 1,1975, and prior to the enactment of the Clean Air Act Amend-
ments of 1977, the review and permitting of such facility shall be in 
w, > . ; • 
accordance with the regulations for the prevention of significant 
deterioration in effect prior to the enactment of the Clean Air Act 
Amendments of 1977. 
"DEFINITIONS 
42 use 7479. 
"SEC. 169. For purposes of this part— 
"(1) The term 'major emitting facility' means any of the fol-
lowing stationary sources of air pollutants which emit, or have 
the potential to emit, one hundred tons per year or more of any 
lOl^'C^giS 
J 
^ii" pollutant from the following types of stationary sources: 
fossil-fuel fired steam electric plants of more than two hundred 
, 
and fifty million British thermal units per hour heat input, coal 
cleaning plants (thermal dryers), kraft pulp mills, Portland 
Cement plants, primary zinc smelters, iron and steel mill plants, 
primary aluminum ore reduction plants, primary copper smelters, 
municipal incinerators capable of charging more than two hun-
dred and fifty tons of refuse per day, hydrofluoric, sulfuric, and 
nitric acid plants, petroleum refineries, lime plants, phosphate rock 
processing plants, coke oven batteries, sulfur recovery plants, 
carbon black plants (furnace process), primary lead smelters, fuel 
conversion plants, sintering plants, secondary metal production 
.; 
facilities, chemical process plants, fossil-fuel boilers of more than 
two hundred and fifty million British thermal units per hour heat 
input, petroleum storage and transfer facilities with a capacity 
exceeding three hundred thousand barrels, taconite ore processing 
facilities, glass fiber processing plants, charcoal production facili-
ties. Such term also includes any other source with the potential 
to emit two hundred and fifty tons per year or more of any air 
pollutant. This term shall not include new or modified facilities 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 741 
which are nonprofit health or education institutions which have 
been exempted by the State. 
"(2) (A) The term 'commenced' as applied to construction of a 
major emitting facility means that the owner or operator has 
obtained all necessary preconstruction approvals or permits 
required by Federal, State, or local air pollution emissions and air 
quality laws or regulations and either has (i) begun, or caused to 
begin, a continuous program of physical on-site construction of the 
facility or (ii) entered into binding agreements or contractual 
obligations, which cannot be canceled or modified without sub-
stantial loss to the owner or operator, to undertake a program of 
construction of the facility to be completed within a reasonable 
time. 
"(B) The term 'necessary preconstruction approvals or per-
mits' means those permits or approvals, required by the permitting 
authority as a precondition to undertaking any activity under 
clauses (i) or (ii) of subparagraph (A) of this paragraph. 
"(3) The term 'best available control technology' means an emis-
= sion limitation based on the maximum degree of reduction of each 
pollutant subject to regulation under this Act emitted from or 
which results from any major emitting facility, which the permit-
ting authority, on a case-by-case basis, taking into account energy, 
environmental, and economic impacts and other costs, determines 
is achievable for such facility through application of production 
processes and available methods, systems, and techniques, includ-
ing fuel cleaning or treatment or innovative fuel combustion tech-
niques for control of each such pollutant. In no event shall appli-
cation of 'best available control technology' result in emissions 
of any pollutants which will exceed the emissions allowed by any 
applicable standard established pursuant to section 111 or 112 of 
this Act. 
" (4) The term 'baseline concentration' means, with respect to a 
pollutant, the ambient concentration levels which exist at the time 
of the first application for a permit in an area subject to this part, 
based on air quality data available in the Environmental Protec-
tion Agency or a State air pollution control agency and on such 
monitoring data as the permit applicant is required to submit. 
Such ambient concentration levels shall take into account all pro-
jected emissions in, or which may affect, such area from any 
major emitting facility on which construction commenced prior 
to January 6,1975, but which has not begun operation by the date 
of the baseline air quality concentration determination. Emissions 
of sulfur oxides and particulate matter from any major emitting 
facility on which construction commenced after January 6, 1975, 
shall not be included in the baseline and shall be counted against 
the maximum allowable increases in pollutant concentrations 
established under this part.". 
(b) Within one year from the date of enactment of this Act the 
Administrator shall report to the Congress on the consequences of 
that portion of the definition of "major emitting facility" under the 
amendment made by subsection (a) which applies to facilities with the 
potential to emit two hundred and fifty tons per year or more. Such 
study shall examine the type of facilities covered, the air quality bene-
fits of including such facilities, and the administrative aspect of regu-
lating such facilities. 
(c) Not later than one year after the date of enactment of this Act, 
the Administrator shall publish a guidance document to assist the 
Ante, pp. 697, 
699-701, 703; 
Post, p. 791. 
Ante, pp. 701, 
703; Post, p. 791. 
Report to 
Congress. 
42 u s e 7479 
note. 
Guidance 
document, 
publication. 
42 u s e 7470 
note. 
91 STAT. 742 
PUBLIC LAW 95-95—AUG. 7, 1977 
Ante, p. 731. 
Ante, pp. 
691-696. 
Study, report to 
Congress. 
42 u s e 7470 
note. 
States in carrying out their functions under part C of title I of the 
Clean Air Act (relating to prevention of significant deterioration of 
air quality) with respect to pollutants, other than sulfur oxides and 
particulates, for which national ambient air quality standards are 
promulgated. Such guidance document shall include recommended 
strategies for controlling photochemical oxidants on a regional or 
multistate basis for the purpose of implementing part C and section 
110 of such Act. 
(d) Not later than two years after the date of enactment of this 
Act, the Administrator shall complete a study and report to the Con-
gress on the progress made in carrying out part C of title I of the Clean 
Air Act (relating to significant deterioration of air quality) and the 
problems associated with carrying out such section, including recom-
mendations for legislative changes necessary to implement strategies 
for controlling photochemical oxidants on a regional or multistate 
basis. 
VISIBILITY PROTECTION 
SEC. 128. (a) Part C of title I of the Clean Air Act, is amended by 
adding the following new section after section 168: 
"SUBPART 2 
u 
VISIBILITY PROTECTION FOR FEDERAL CLASS I AREAS 
42 use 7491. 
"SEC. 169A. (a) (1) Congress hereby declares as a national ^oal the 
prevention of any future, and the remedying of any existing, impair-
ment of visibility in mandatory class I Federal areas which impair-
ment results from manmade air pollution. 
Review, 
"(2) Not later than six months after the date of the enactment of 
consultation. 
this section, the Secretary of the Interior in consultation with other 
Federal land managers shall review all mandatory class I Federal 
areas and identify those where visibility is an important value of the 
Revision. 
area. From time to time the Secretary of the Interior may revise such 
List. 
identifications. Not later than one year after such date of enactment, 
the Administrator shall, after consultation with the Secretary of the 
Interior, promulgate a list of mandatory class I Federal areas in 
which he determines visibility is an important value. 
Study, report to 
"(3) Not later than eighteen months after the date of enactment 
Congress. 
of this section, the Administrator shall complete a study and report 
to Congress on available methods for implementing the national goal 
Recommenda- 
set forth in paragraph (1). Such report shall include recommenda-
tions, 
tions for— 
"(A) methods for identifying, characterizing, determining, 
quantifying, and measuring visibility impairment in Federal areas 
referred to in paragraph (1), and 
"(B) modeling techniques (or other methods) for determining 
the extent to which manmade air pollution may reasonably be 
anticipated to cause or contribute to such impairment, and 
V, 
"(C) methods for preventing and remedying such manmade air 
pollution and resulting visibility impairment. 
Such report shall also identify the classes or categories of sources and 
the types of air pollutants which, alone or in conjunction with other 
sources or pollutants, may reasonably be anticipated to cause or con-
tribute significantly to impairment of visibility. 
Regulations, 
" (4) Not later than twenty-four months after the date of enactment 
notice and 
of this section, and after notice and public hearing, the Administrator 
hearing. 
shall promulgate regulations to assure (A) reasonable progress toward 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 743 
meeting the national goal specified in paragraph (1), and (B) com-
pliance with the requirements of this section. 
"(b) Regulations under subsection (a) (4) shall— 
"(1) provide guidelines to the States, taking into account the 
recommendations under subsection (a) (3) on appropriate tech-
niques and methods for implementing this section (as provided 
in subparagraphs (A) through (C) of such subsection (a)(3)), 
and 
"(2) require each applicable implementation plan for a State 
in which any area listed by the Administrator under subsection 
(a) (2) is located (or for a State the emissions from which may 
reasonably be anticipated to cause or contribute to any impair-
ment of visibility in any such area) to contain such emission 
limits, schedules of compliance and other measures as may be 
necessary to make reasonable progress toward meeting the national 
goal specified in subsection (a), including— 
"(A) except as otherwise provided pursuant to subsection 
(c), a requirement that each major stationary source which 
is in existence on the date of enactment of this section, but 
which has not been in operation for more than fifteen years 
as of such date, and which, as determined by the State (or the 
Administrator in the case of a plan promulgated under sec-
tion 110(c)) emits any air pollutant which may reasonably 
be anticipated to cause or contribute to any impairment of 
visibility in any such area, shall procure, install, and operate, 
as expeditiously as practicable (and maintain thereafter) 
the best available retrofit technology, as determined by the 
State (or the Administrator in the case of a plan promul-
gated under section 110(c)) for controlling emissions from 
such source for the purpose of eliminating or reducing any 
such impairment, and 
"(B) a long-term (ten to fifteen years) strategy for making 
reasonable progress toward meeting the national goal speci-
fied in subsection (a). 
In the case of a fossil-fuel fired generating powerplant having a total 
generating capacity in excess of 750 megawatts, the emission limita-
tions required under this paragraph shall be determined pursuant 
to guidelines, promulgated by the Administrator under paragraph (1). 
"(c) (1) The Administrator may, by rule, after notice and oppor-
tunity for public hearing, exempt any major stationary source from 
the requirement of subsection (b)(2)(A), upon his determination 
that such source does not or will not, by itself or in combination with 
other sources, emit any air pollutant which may reasonably be antici-
pated to cause or contribute to a significant impairment of visibility 
in any mandatory class I Federal area. 
"(2) Paragraph (1) of this subsection shall not be applicable to 
any fossil-fuel fired powerplant with total design capacity of 750 
megawatts or more, unless the owner or operator of any such plant 
demonstrates to the satisfaction of the Administrator that such power-
plant is located at such distance from all areas listed by the Admin-
istrator under subsection (a) (2) that such powerplant does not or will 
not, by itself or in combination with other sources, emit any air pol-
lutant which may reasonably be anticipated to cause or contribute to 
significant impairment of visibility in any such area. 
" (3) An exemption under this subsection shall be effective only upon 
concurrence by the appropriate Federal land manager or managers 
with the Administrator's determination under this subsection. 
Guidelines to 
States. 
Emissions control 
retrofit 
technology. 
Ante, p. 694. 
Exemption, 
notice and 
hearing. 
Applicability. 
Concurrence by 
Federal land 
manager. 
91 STAT. 744 
PUBLIC LAW 95-95—AUG. 7, 1977 
Consultation. 
Land manager's 
recommenda-
tions, summary. 
Ante, p. 694. 
Buffer zones. 
Nondiscre-
tionary duty. 
42 u s e 7604. 
Definitions. 
J;M;; 
"(d) Before holding the public hearing on the proposed revision of 
an applicable implementation plan to meet the requirements of this 
section, the State (or the Administrator, in the case of a plan promul-
gated under section 110(c)) shall consult in person with the appro-
priate Federal land manager or managers and shall include a summary 
of the conclusions and recommendations of the Federal land man-
agers in the notice to the public. 
"(e) In promulgating regulations under this section, the Administra-
tor shall not require the use of any automatic or uniform buffer zone 
or zones. 
"(f) For purposes of section 304(a) (2), the meeting of the national 
goal specified in subsection (a) (1) by any specific date or dates shall 
not be considered a 'nondiscretionary duty' of the Administrator. 
"(g) For the purpose of this section— 
"(1) in determining reasonable progress there shall be taken 
into consideration the costs of compliance, the time necessary for 
compliance, and the energy and nonair quality environmental 
impacts of compliance, and the remaining useful life of any exist-
ing source subject to such requirements; 
"(2) in determining best available retrofit technology the State 
(or the Administrator in determining emission limitations which 
reflect such technology) shall take into consideration the costs of 
compliance, the energy and nonair quality environmental impacts 
of compliance, any existing pollution control technology in use at 
the source, the remaining useful life of the source, and the degree 
of improvement in visibility which may reasonably be anticipated 
to result from the use of such technology; 
" (3) the term 'manmade air pollution' means air pollution which 
results directly or indirectly from human activities; 
"(4) the term 'as expeditiously as practicable means as expe-
ditiously as practicable but in no event later than five years after 
the date of approval of a plan revision under this section (or the 
date of promulgation of such a plan revision in the case of action 
by the Administrator under section 110(c) for purposes of this 
section); 
"(5) the term 'mandatory class I Federal areas' means Federal 
areas which may not be designated as other than class I under this 
part; 
"(6) the terms 'visibility impairment' and 'impairment of visi-
bility' shall include reduction in visual range and atmospheric 
discoloration; and 
"(7) the term 'major stationary source' means the following 
types of stationary sources with the potential to emit 250 tons 
or more of any pollutant: fossil-fuel fired steam electric plants of 
more than 250 million British thermal units per hour heat input, 
coal cleaning plants (thermal dryers), kraft pulp mills, Portland 
Cement plants, primary zinc smelters, iron and steel mill plants, 
primary aluminum ore reduction plants, primary copper smelters, 
municipal incenerators capable of charging more than 250 tons 
of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, 
petroleum refineries, lime plants, phosphate rock processing plants, 
coke oven batteries, sulfur recovery plants, carbon black plants 
(furnace process), primary lead smelters, fuel conversion plants, 
sintering plants, secondary metal production facilities, chemical 
process plants, fossil-fuel boilers of more than 250 million British 
thermal units per hour heat input, petroleum storage and transfer 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 745 
facilities with a capacity exceeding 300,000 barrels, taconite ore 
processing facilities, glass fiber processing plants, charcoal produc-
tion facilities.". 
NONATTAINMENT AREAS 
SEC. 129. (a) (1) Before July 1, 1979, the interpretative regulation 
of the Administrator of the Environmental Protection Agency pub-
lished in 41 Federal Register 55524-30, December 21, 1976, as may be 
modified by rule of the Administrator, shall apply except that the base-
line to be used for determination of appropriate emission offsets under 
such regulation shall be the applicable implementation plan of the 
State in effect at the time of application for a permit by a proposed 
major stationary source (within the meaning of section 302 of the 
Clean Air Act). 
(2) Before July 1,1979, the requirements of the regulation referred 
to in paragraph (1) shall be waived by the Administrator with respect 
to any pollutant if he determines that the State has— 
(A) an inventory of emissions of the applicable pollutant for 
each nonattainment area (as defined in section 171 of the Clean 
Air Act) that identifies the type, quantity, and source of such pol-
lutant so as to provide information sufficient to demonstrate that 
the requirements of subparagraph (C) are being met; 
(B) an enforceable permit program which— 
f
^ 
(i) requires new or modified major stationary sources to 
meet emission limitations at least as stringent as required 
under the permit requirements referred to in paragraphs (2) 
and (3) of section 173 of the Clean Air Act (relating to 
lowest achievable emission rate and compliance by other 
sources) and which assures compliance with the annual 
reduction requirements of subparagraph (C) ; and 
(ii) requires existing sources to achieve such reduction in 
emissions in the area as may be obtained through the adop-
tion, at a minimum of reasonably available control tech-
nology, and 
(C) a j)rogram which requires reductions in total allowable 
emissions in the area prior to January 1, 1979, so as to provide 
for the same level of emission reduction as would result from the 
application of the regulation referred to in paragraph (1), 
The Administrator shall terminate such waiver if in his judgment at 
the reduction in emissions actually being attained is less than the 
reduction on which the waiver was conditioned pursuant to subpara-
graph (C), or if the Administrator determines that the State is no 
longer in compliance with any requirement of this paragraph. Upon 
application by the State, the Administrator may reinstate a waiver 
terminated under the preceding sentence if he is satisfied that such 
State is in compliance with all requirements of this subsection. 
(3) Operating permits may be issued to those applicants who were 
properly granted construction permits, in accordance with the law 
and applicable regulations in effect at the time granted, for construc-
tion of a new or modified source in areas exceeding national primary 
air quality standards on or before the date of the enactment of this 
Act if such construction permits were granted prior to the date of the 
enactment of this Act and the person issued any such permit is able 
to demonstrate that the emissions from the source will be within the 
limitations set forth in such construction permit. 
(b) Title I of such Act is amended by adding the following new 
part at the end thereof: 
42 use 7502 
note. 
41 CFR 51.18. 
Post, pp. 761, 
769, 770. 
Waiver. 
Emissions 
inventory. 
Post, p. 746. 
Permit program. 
Post, p. 748. 
Termination. 
Reinstatement, 
application. 
Permits. 
91 STAT. 746 
PUBLIC LAW 95-95—AUG. 7, 1977 
"PART D—PLAN REQUIREMENTS FOR NONATTAINMENT AREAS 
DEFINITIONS 
42 use 7501. 
«SEC. 171. For the purpose of this part and section 110(a) 
Ante, p. 694>. 
(2) (I) — 
" (1) The term 'reasonable further progress' means annual inere-
) 
mental reductions in emissions of the applicable air pollutant 
(including substantial reductions in the early years following 
approval or promulgation of plan provisions under this part and 
section 110(a) (2) (I) and regular reductions thereafter) which 
are sufficient in the judgment of the Administrator, to provide 
for attainment of the applicable national ambient air quality 
^ 
standard by the date required in section 172(a). 
"(2) The term 'nonattainment area' means, for any air pollut-
ant an area which is shown by monitored data or which is calcu-
lated by air quality modeling (or other methods determined by 
the Administrator to be reliable) to exceed any national ambient 
air quality standard for such pollutant. Such term includes any 
area identified under subparagraphs (A) through (C) of section 
Ante, 1^.687. 
107(d)(1). 
"(3) The term 'lowest achievable emission rate' means for any 
' •: • •' - 
source, that rate of emissions which reflects— 
"(A) the most stringent emission limitation which is con-
tained in the implementation plan of any State for such 
class or category of source, unless the owner or operator of 
' f 
the proposed source demonstrates that such limitations are 
not achievable, or 
"(B) the most stringent emission limitation which is 
achieved in practice by such class or category of source, 
{ 
whichever is more stringent. 
In no event shall the application of this term permit a proposed 
new or modified source to emit any pollutant in excess of the 
amount allowable under applicable new source standards of 
performance. 
"(4) The terms 'modifications' and 'modified' mean the same 
as the term 'modification' as used in section 111(a)(4) of this 
42 use 7411. 
Act. 
" N O N A T T A I N M E N T 
P L A N PROVISIONS 
42 use 7502. 
"SEC. 172. (a) (1) The provisions of an applicable implementation 
plan for a State relating to attainment and maintenance of national 
^ , 
ambient air quality standards in any nonattainment area which are 
required by section 110(a) (2) (I) as a precondition for the construc-
tion or modification of any major stationary source in any such area 
on or after July 1, 1979, shall provide for attainment of each such 
.
> 
national ambient air quality standard in each such area as expedi-
tiously as practicable, but, in the case of national primary ambient air 
qualify standards, not later than December 31,1982. 
"(2) In the case of the national primary ambient air quality stand-
ard for photochemical oxidants or carbon monoxide (or both) if the 
State demonstrates to to the satisfaction of the Administrator (on or 
before the time required for submission of such plan) that such attain-
ment is not possible in an area with respect to either or both of such 
pollutants within the period prior to December 31, 1982, despite the 
implementation of all reasonably available measures, such provisions 
shall provide for the attainment of the national primary standard 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 747 
Notice and 
hearing. 
Ante, p. 694. 
Emissions 
inventory. 
Permits. 
for the pollutant (or pollutants) with respect to which such demon-^ 
stration is made, as expeditiously as practicable but not later than 
December 31,1987. 
"(b) The plan provisions required by subsection (a) shall— 
"(1) be adopted by the State (or promulgated by the Admin-
istrator under section 110(c)) after reasonable notice and public 
hearing; 
"(2) provide for the implementation of all reasonably avail-
able control measures as expeditiously as practicable; 
"(3) require, in the interim, reasonable further progress (as 
defined in section 171(1)) including such reduction in emissions 
from existing sources in the area as may be obtained through the 
adoption, at a minimum, of reasonably available control 
technology; 
"(4) include a comprehensive, accurate, current inventory of 
actual emissions from all sources (as provided by rule of the 
Administrator) of each such pollutant for each such area which 
is revised and resubmitted as frequently as may be necessary to 
assure that the requirements of paragraph (3) are met and to 
assess the need for additional reductions to assure attainment 
of each standard by the date required under paragraph (1); 
"(5) expressly identify and quantify the emissions, if any, of 
any such pollutant which will be allowed to result from the con-
struction and operation of major new or modified stationary 
sources for each such area; 
"(6) require permits for the construction and operation of new 
or modified major stationary sources in accordance with section 
173 (relating to permit requirements); 
"(7) identify and commit the financial and manpower resources 
necessary to carry out the plan provisions required by this sub-
section ; 
"(8) contain emission limitations, schedules of compliance and 
such other measures as may be necessary to meet the requirements 
of this section; 
"(9) evidence public, local government, and State legislative 
involvement and consultation in accordance with section 174 
(relating to planning procedures) and include (A) an identifica-
tion and analysis of the air quality, health, welfare, economic, 
energy, and social effects of the plan provisions required by this 
subsection and of the alternatives considered by the State, and 
(B) a summary of the public comment on such analysis; 
"(10) include written evidence that the State, the general pur-
pose local government or governments, or a regional agency 
designated by general purpose local governments for such pur-
pose, have adopted by statute, regulation, ordinance, or other 
legally enforceable document, the necessary requirements and 
s'^hedules and timetables for compliance, and are committed to 
implement and enforce the appropriate elements of the pl-m; 
,... 
"(11) in the case of plans which make a demonstration pursu-
and to paragraph (2) of subsection (a)— 
"(A) establish a program which requires, prior to issuance Program 
of any permit for construction or modification of a major 
emitting facility, an analysis of alternative sites, sizes, pro-
duction processes, and environmental control techniques for 
such proposed source which demonstrates that benefits of the 
proposed source significantly outweigh the environmental and 
91 STAT. 74S 
PUBLIC LAW 95-95—AUG. 7, 1977 
Schedule 
establishment. 
-,kj' 
social easla i«^)osed as a result of its location, construction, 
or modification; 
"(B) establish a specific schedule for implementation of a 
vehicle emission control inspection and maintenance program; 
and 
"(C) identify other measures necessary to provide for. 
attainment of the applicable national ambient air quality 
standard not later than December 31, 1987. 
"(c) In the case of a State plan revision required under the Clean 
Air Act Amendments of 1977 to be submitted before July 1, 1982, by 
reason of a demonstration under subsection (a) (2), effective on &uch 
date such plan shall contain enforceable measures to assure attainment 
of the applicable standard not later than July 1, 1987. 
42 use 7503. 
42 use 7504. 
"PERMIT REQUIREMENTS 
"SEC. 173. The permit program required by section 172(b) (6) shall 
provide that permits to construct and operate may be issued if— 
"(1) the permitting agency determines that— 
j 
"(A) by the time the facility is to commence operation, 
total allowable emissions from existing sources in the region, 
I 
from new sources which are not major emitting facilities, 
and from the proposed facility will be sufficiently less than 
total emissions from existing sources allowed under the imple-
mentation plan prior to the application for such permit to 
construct or modify so as to represent (when considered 
together with the plan provisions required under section 172) 
reasonable further progress (as defined in section 171); or 
"(B) that emissions of such pollutant resulting from the 
proposed new or modified major stationary source will not 
cause or contribute to emissions levels which exceed the allow-
} 
ance permitted for such pollutant for such area from new or 
modified major stationary sources under section 172(b); 
"(2) the proposed source is required to comply with the lowest 
achievable emission rate; and 
"(3) the owner or operator of the proposed new or modified 
source has demonstrated that all major stationary sources owned 
or operated by such person (or by any entity controlling, con-
trolled by, or under common control with such person) in such 
State are subject to emission limitations and are in compliance, 
or on a schedule for compliance, with all applicable emission 
limitations and standards under this Act. 
Any emission reductions required as a precondition of the issuance of 
a permit under paragraph (1) (A) shall be legally binding before 
such permit may be issued. 
li PLANNING PROCEDURES 
"SEC. 174. (a) Within six months after the enactment of the 
Clean Air Act Amendments of 1977, for each region in which the 
national primary ambient air quality standard for carbon monoxide 
or photochemical oxidants will not be attained by July 1, 1979, the 
State and elected officials of affected local governments shall jointly 
determine which elements of a revised implementation plan will be 
planned for and implemented or enforced by the State and which 
such elements will be planned for and implemented or enforced by 
local governments or regional agencies, or any combination of local 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 749 
governments, regional agencies, or the State. Where possible within 
the time required under this subsection, the implementation plan 
required by this part shall be prepared by an organization of elected 
officials of local governments designated by agreement of the local 
governments in an affected area, and certified by the State for this 
purpose. Where such an organization has not been designated by 
agreement within six months after the enactment of the Clean Air 
Act Amendments of 1977, the Governor (or, in the case of an inter-
state area, Governors), after consultation with elected officials of local 
governments, and in accordance with the determination under the first 
sentence of this subparagraph, shall designate an organization of 
elected officials of local governments in the affected area or a State 
agency to prepare such plan. Where feasible, such organization shall 
be the metropolitan planning organization designated to conduct the 
continuing, cooperative and comprehensive transportation planning 
process for the area under section 134 of title 23, United States Code, 
or the organization responsible for the air quality maintenance plan-
ning process under regulations implementing this section, or the orga-
nization with both responsibilities. 
"(b) The preparation of implementation plan provisions under this 
part shall be coordinated with the continuing, cooperative, and compre-
hensive transportation planning process required under section 134 of 
title 23, United States Code, and the air quality maintenance planning 
process required under section 110, and such planning processes shall 
take into account the requirements of this part. 
"ENVIRONMENTAL PROTECTION AGENCY GRANTS 
Consultation. 
Ante, pp. 
691-696. 
"SEC. 175. (a) The Administrator shall make grants to any or^a- 42 USC 7505. 
nization of local elected officials with transportation or air quality 
maintenance planning responsibilities recognized by the State under 
section 174 (a) for payment of the reasonable costs of developing a plan 
^ 
revision under this part. 
"(b) The amount granted to any organization under subsection (a) 
shall be 100 percent of any additional costs of developing a plan revi-
sion under this part for the first two fiscal years following receipt of 
the grant under this paragraph, and shall supplement any funds avail-
able under Federal law to such organization for transportation or air 
quality maintenance planning. Grants under this section shall not be 
used for construction. 
LIMITATIONS ON CERTAIN FEDERAL ASSISTANCE 
"SEC. 176. (a) The Administrator shall not approve any projects or 42 USC 7506. 
award any grants authorized by this Act and the Secretary of'Trans-
portation shall not approve any projects or award any grants under 
title 23, United States Code, other than for safety, mass transit, or 23 USC 101 H 
transportation improvement projects related to air quality improve- *
«
9
-
ment or maintenance, in any air quality control region— 
"(1) in which any primary ambient air quality standard has 
not been attained, 
"(2) where transportation control measures are necessary for 
the attainment of such standard, and 
"(3) where the Administrator finds after July 1, 1979, that 
the Governor has not submitted an implementation plan which 
considers each of the elements required by section 172 or that rea-
sonable efforts toward submitting such an implementation plan 
91 STAT. 750 
PUBLIC LAW 95-95—AUG. 7, 1977 
Ante, pp. 
691-696. 
49 use 1601 
note. 
12 use 1749aa 
note. 
42 use 7507. 
42 use 7543. 
are not being made (or, after July 1,1982, in the case of an imple-
mentation plan revision required under section 172 to be submitted 
before July 1,1982). 
" (b) In any area in which the State or, as the case may be, the general 
purpose local government or governments or any regional agency 
designated by such general purpose local governments for such purpose, 
is not implementing any requirement of an approved or promulgated 
plan under section 110, including any requirement for a revised imple-
mentation plan under this part, the Administrator shall not make any 
grants under this Act. 
"(c) No department, agency, or instrumentality of the Federal Gov-
ernment shall (1) engage in, (2) support in any way or provide finan-
cial assistance for, (3) license or permit, or (4) approve, any activity 
which does not conform to a plan after it has been approved or promul-
gated under section 110. No metropolitan planning organization desig-
nated under section 134 of title 23, United States Code, shall give its 
approval to any project, program, or plan which does not conform to 
a plan approved or promulgated under section 110. The assurance of 
conformity to such a plan shall be an affirmative responsibility of the 
head of such department, agency, or instrumentality. 
"(d) Each department, agency, or instrumentality of the Federal 
Government having authority to conduct or support any program with 
air-quality related transportation consequences shall give priority in 
the exercise of such authority, consistent with statutory requirements 
for allocation among States or other jurisdictions, to the implementa-
tion of those portions of plans prepared under this section to achieve 
and maintain the national primary ambient air quality standard. This 
paragraph extends to, but is not limited to, authority exercised under 
the Urban Mass Transportation Act, title 23 of the United States Code, 
and the Housing and Urban Development Act. 
"NEW MOTOR VEHICLE EMISSION STANDARDS IN NONATTAINMENT AREAS 
"SEC. 177. Notwithstanding section 209(a), any State which has 
plan provisions approved under this part may adopt and enforce for 
any model year standards relating to control of emissions from new 
motor vehicles or new motor vehicle engines and take such other 
actions as are referred to in section 209(a) respecting such vehicles 
"(1) such standards are identical to the California standards 
for which a waiver has been granted for such model year, and 
"(2) California and such State adopt such standards at least 
two years before commencement of such model year (as deter-
mined by regulations of the Administrator), 
if— 
42 use 7508. 
Ante, p. 689; 
Post, p. 790. 
Implementation 
plan revision. 
42 use 7502' 
note. 
Post, p. 795. 
Ante, pp. 693, 
694. 
"GUroANCE DOCUMENTS 
"SEC. 178. The Administrator shall issue guidance documents under 
section 108 for purposes of assisting States in implementing require-
ments of this part respecting the lowest achievable emission rate. 
Such a document shall be published not later than nine months after 
the date of enactment of this part and shall be revised at least every 
two years thereafter.". 
(c) Notwithstanding the requirements of section 406(d) (2) (relat-
ing to date required for submission of certain implementation plan 
revisions), for purposes of section 110(a) (2) of the Clean Air Act 
each State in which there is any nonattainment area (as defined in 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 751 
subpart D of the Clean Air Act) shall adopt and submit an imple-
mentation plan revision which meets the requirements of section 101 
(a) (2) (I) and subpart D of the Clean Air Act not later than 
January 1, 1979. In the case of any State for which a plan revision 
adopted and submitted before such date has made the demonstration 
required under section 172(a)(2) of the Clean Air Act (respecting 
impossibility of attainment before 1983), such State shall adopt and 
submit to the Administrator a plan revision before July 1, 1982, 
which meets the requirements of section 172 (b) and (c) oi such Act. 
TITLE II—AMENDMENTS KELATING PRIMARILY 
TO TITLE II OF THE CLEAN AIR ACT 
42 use 7401. 
Ante, p. 746. 
State plan 
adoption, 
submittal to 
Administrator. 
LIGHT-DUTY MOTOR VEHICI^ EMISSIONS 
SEC. 201. (a) Subparagraph (A) of section 202(b) (1) of the Clean Standards. 
Air Act is amended to read as follows: 
42 USC 7521. 
"(A) The regulations under subsection (a) applicable to emissions 
of carbon monoxide and hydrocarbons from light-duty vehicles and 
engines manufactured during model years 1977 through 1979 shall 
contain standards which provide that such emissions from such 
vehicles and engines may not exceed 1.5 grams per vehicle mile of 
hydrocarbons and 15.0 grams per vehicle mile of carbon monoxide. 
The regulations under subsection (a) applicable to emissions of car-
bon monoxide from light-duty vehicles and engines manufactured 
during the model year 1980 shall contain standards which provide 
that such emissions may not exceed 7.0 grams per vehicle mile. The 
regulations under subsection (a) applicable to emissions of hydro-
carbons from light-duty vehicles and engines manufactured during or 
' 
after model year 1980 shall contain standards which require a reduc-
tion of at least 90 percent from emissions of such pollutant allowable 
under the standards under this section applicable to light-duty 
vehicles and engines manufactured in model year 1970. Unless waived 
as provided in paragraph (5), regulations under subsection (a) appli-
cable to emissions of carbon monoxide from light-duty vehicles and 
engines manufactured during or after the model year 1981 shall con-
tain standards which require a reduction of at least 90 percent from 
emissions of such pollutant allowable under the standards under this 
section applicable to light-duty vehicles and engines manufactured in 
model year 1970.". 
(b) Subparagraph (B) of section 202(b)(1) of such Act is Standards, 
amended to read as follows: 
"(B) The regulations under subsection (a) applicable to emissions 
of oxides of nitrogen from light-duty vehicles and engines manufac-
tured during model years 1977 through 1980 shall contain standards 
which provide that such emissions from such vehicles and engines may 
not exceed 2.0 grams per vehicle mile. The regulations under subsec-
tion (a) applicable to emissions of oxides of nitrogen from light-duty 
vehicles and engines manufactured during the model year 1981 and 
thereafter shall contain standards which provide that such emissions 
from such vehicles and engines may not exceed 1.0 gram per vehicle 
mile. The Administrator shall prescribe standards in lieu of those 
required by the preceding sentence, which provide that emissions of 
oxides of nitrogen may not exceed 2.0 grams per vehicle mile for any 
light-duty vehicle manufactured during model years 1981 and 1982 
by any manufacturer whose production, by corporate identity, for 
91 STAT. 752 
PUBLIC LAW 95-95—AUG. 7, 1977 
42 use 7521. 
Waiver, 
application. 
Standards, 
regulations. 
Limitation. 
Decision. 
Hearing. 
Waiver, petition. 
Notice and 
hearing. 
model year 1976 was less than three hundred thousand light-duty 
motor vehicles worldwide if the Administrator determines that— 
"(i) the ability of such manufacturer to meet emission stand-
ards in the 1975 and subsequent model years was, and is, primarily 
dependent upon technology developed by United States manu-
facturers and purchased from such manufacturers; and 
"(ii) such manufacturer lacks the financial resources and tech-
nological ability to develop such technology.", 
(c) Section 202(b) of such Act is amended by striking out para-
graph (5) thereof and substituting the following: 
"(5) (A) At any time after August 31,1978, any manufacturer may 
file an application requesting the waiver for model years 1981 and 1982 
of the effective date of the emission standard required by paragraph 
(1) (A) for carbon monoxide applicable to any model (as determined 
by the Administration) of light-duty motor vehicles and engines man-
ufactured in such model years. The Administrator shall make his 
determination with respect to any such application within sixty days 
after such application is filed with respect to such model. If he deter-
mines, in accordance with the provisions of this paragraph, that such 
waiver should be granted, he shall simultaneously with such determina-
tion prescribe by regulsktion emission standards which shall apply (in 
lieu of the standards required to be prescribed by paragraph (1) (A) of 
this subsection) to emissions of carbon monoxide from such model 
of vehicles or engines manufactured during model years 1981 and 1982. 
"(B) Any standards prescribed under this paragraph shall not per-
mit emissions of carbon monoxide from vehicles and engines to which 
such waiver applies to exceed 7.0 grams per vehicle per mile. 
"(C) Within sixty days after receipt of the application for any such 
waiver and after public hearing, the Administrator shall issue a deci-
sion granting or refusing such waiver. The Administrator may grant 
such waiver if he finds that protection of the public health does not 
require attainment of such 90 percent reduction for carbon monoxide 
for the model years to which such waiver applies in the case of such 
vehicles and engines and if he determines that— 
"(i) such waiver is essential to the public interest or the public 
health and welfare of the United States; 
" (ii) all good faith efforts have been made to meet the standards 
established by this subsection; 
"(iii) the applicant has established that effective control tech-
nology, processes, operating methods, or other alternatives are not 
available or have not been available with respect to the model in 
question for a sufficient period of time to achieve compliance prior 
to the effective date of such standards, taking into consideration 
costs, driveability, and fuel economy; and 
"(iv) studies and investigations of the National Academy of 
Sciences conducted pursuant to subsection (c) and other infor-
mation available to him has not indicated that technology, proc-
esses, or other alternatives are available (within the meaning 
of clause (iii)) to meet such standards. 
"(6) (A) Upon the petition of any manufacturer, the Adminis-
trator, after notice and opportunity for public hearing, may waive the 
standard required under subparagraph (B) of paragraph (1) to not 
exceed 1.5 grams of oxides of nitrogen per vehicle mile for any class 
or category of light-duty vehicles or engines manufactured by such 
manufacturer during any period of up to four model years beginning 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 753 
after the model year 1980 if the manufacturer demonstrates that such 
waiver is necessary to permit the use of an innovative power train 
technology, or innovative emission control device or system, in such 
class or category of vehicles or engines and that such technology or 
system was not utilized by more than 1 percent of the light-duty 
vehicles sold in the United States in the 1975 model year. Such 
waiver may be granted only if the Administrator determines— 
"(i) that such waiver would not endanger public health, 
"(ii) that there is a substantial likelihood that the vehicles or 
engines will be able to comply with the applicable standard 
under this section at the expiration of the waiver, and 
"(iii) that the technology or system has a potential for long-
term air quality benefit and has the potential to meet or exceed 
the average fuel economy standard applicable under the Energy 
Policy and Conservation Act upon the expiration of the waiver. 
No waiver under this subparagraph granted to any manufacturer shall 
apply to more than 5 percent of such manufacturer's production or 
more than fifty thousand vehicles or engines, whichever is greater. 
"(B) Upon the petition of any manufacturer, the Administrator, 
after notice and opportunity for public hearing, may waive the 
standard required under subparagraph (B) of paragraph (1) to 
not to exceed 1.5 grams of oxides of nitrogen per vehicle mile for 
any class or category of light-duty vehicles and engines manufactured 
by such manufacturer during the four model year period beginning 
with the model year 1981 if the manufacturer can show that such 
waiver is necessary to permit the use of diesel engine technology in 
such class or category of vehicles or engines. Such waiver may be 
granted if the Administrator determines— 
"(i) that such waiver will not endanger public health, 
"(ii) that such waiver will result in significant fuel savings 
at least equal to the fuel economy standard applicable in each 
year under the Energy Policy and Conservation Act, and 
"(iii) that the technology has a potential for long-term air 
quality benefit and has the potential to meet or exceed the average 
fuel economy standard applicable under the Energy Policy and 
Conservation Act at the expiration of the waiver.". 
42 u s e 6201 
note. 
Applicability. 
Waiver, petition. 
Notice and 
hearing. 
;
V .it'i U: 
STUDIES AND RESEARCH OBJECTIVE FOR OXIDES OF NITROGEN 
SEC. 202. (a) The Administrator of the Environmental Protection 
Agency shall conduct a study of the public health implications of 
attaining an emission standard on oxides of nitrogen from light duty 
vehicles of 0.4 gram per vehicle mile, the cost and technological capa-
bility of attaining such standard, and the need for such a standard to 
protect public health or welfare. The Administrator shall submit a 
report of such study to the Congress, together with recommendations 
not later than July 1, 1980. 
(b) Section 202(b) of the Clean Air Act is amended by adding a 
new paragraph (7) as follows: 
"(7) The Congress hereby declares and establishes as a research 
objective, the development of propulsion systems and emission control 
technology to achieve standards which represent a reduction of at 
least 90 per centum from the average emissions of oxides of nitrogen 
actually measured from light duty motor vehicles manufactured in 
model year 1971 not subject to any Federal or State emission standard 
42 u s e 7521 
note. 
Report to 
eongress, 
recommenda-
tions. 
Ante, p. 752. 
91 STAT. 754 
PUBLIC LAW 95-95—AUG. 7, 1977 
Regulations. 
Demonstration 
vehicles. 
for oxides of nitrogen. The Administrator shall, by regulations pro-
mulgated within one hundred and eighty days after enactment of the 
Clean Air Act Amendments of 1977, require each manufacturer whose 
sales represent at least 0.5 per centum of light duty motor vehicle sales 
in the United States, to build and, on a regular basis, demonstrate the 
operation of light duty motor vehicles that meet this research objec-
tive, in addition to any other applicable standards or requirements for 
other pollutants under this Act. Such demonstration vehicles shall 
be submitted to the Administrator no later than model year 1979 
and in each model year thereafter. Such demonstration shall, in 
accordance with applicable regulations, to the greatest extent possible, 
(A) be designed to encourage the development of new powerplant and 
emission control technologies that are fuel efficient, (B) assure that the 
demonstration vehicles are or could reasonably be expected to be within 
the productive capability of the manufacturers, and (C) assure the 
utilization of optimum engine, fuel, and emission control systems.". 
Report to 
Congress. 
42 use 7551. 
Submittal to 
Congress. 
42 use 7.'iM. 
Post, p. 756. 
42 use 7541. 
Post, p. 755. 
Ante, pp. 702, 
751-753; Post, 
pp. 758-761, 
765, 767, 769, 
791. 
"Designed for 
emission 
control." 
STUDY AND REPORT OF FUEL CONSUMPTION 
SEC. 203. (a) Following each motor vehicle model year, the Admin-
istrator of the Environmental Protection Agency shall report to the 
Congress respecting the motor vehicle fuel consumption associated 
with the standards applicable for the immediately preceding model 
year. 
(b) The Secretary of Transportation and the Secretary of Energy 
shall each submit to Congress, as promptly as practicable following 
submission by the Administrator of the fuel consumption report 
referred to in subsection (a), separate reports respecting such fuel 
consumption. 
STATE GRANTS 
SEC. 204. Section 210 of such Act is amended by adding the follow-
ing at the end thereof: "Grants may be made under this section by 
way of reimbursement in any case in which amounts have been 
expended by the State before the date on which any such grant was 
made.". 
COST OF CERTAIN EMISSION CONTROL PARTS 
SEC. 205. Section 207(a) of the Clean Air Act is amended by adding 
the folloAving at the end thereof: "(3) 
The cost of any part, 
device, or component of any light-duty vehicle that is designed for 
emission control and which in the instructions issued pursuant to sub-
section (c) (3) of this section is scheduled for replacement during the 
useful life of the vehicle in order to maintain compliance with regula-
tions under section 202 of this Act, the failure of which shall not 
interfere with the normal performance of the vehicle, and the expected 
retail price of which, including installation costs, is greater than 
2 percent of the suggested retail price of such vehicle, shall be borne 
or reimbursed at the time of replacement by the vehicle manufacturer 
and such replacement shall be provided without cost to the ultimate 
purchaser, subsequent purchaser, or dealer. The term 'designed for 
emission control' as used in the preceding sentence means a catalytic 
converter, thermal reactor, or other component installed on or in a 
vehicle for the sole or primary purpose of reducing vehicle emissions 
(not including those vehicle components which were in general use 
prior to model year 1968 and the primary function of which is not 
related to emission control).". 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 755 
42 use 7543. 
Notice and 
hearing. 
WARRANTIES 
SEC. 206. Section 203(a)(4) of the Clean Air Act is amended 
42 USC 7522. 
by striking "or" at the end of subparagraph (A), by striking the 
period at the end of subparagraph (B) and inserting a comma, and 
';»y adding the following new subparagraphs: 
"(C) except as provided in subsection (c)(3) of section 207, Infra. 
to provide directly or indirectly in any communication to the 
ultimate purchaser or any subsequent purchaser that the coverage 
of any warranty under this Act is conditioned upon use of any 
part, component, or system manufactured by such manufacturer 
or any person acting for such manufacturer or under his control, 
or conditioned upon service performed by any such person, 
"(D) to fail or refuse to comply with the terms and conditions 
of the warranty under section 207(a) or (b) with respect to any Anu, p. 754; 
vehicle.". 
Post, P- 756. 
CALIFORNIA WAIVER 
SEC. 207. Section 209(b) of the Clean Air Act is amended to read 
as follows: 
"(b) (1) The Administrator shall, after notice and opportunity for 
gublic hearing, waive application of this section to any State which 
as adopted standards (other than crankcase emission standards) for 
the control of emissions from new motor vehicles or new motor vehicle 
engines prior to March 30,1966, if the State determines that the State 
standards will be, in the aggregate, at least as protective of public 
health and welfare as applicable Federal standards. No such waiver 
shall be granted if the Administrator finds that— 
" (A) the determination of the State is arbitrary and capricious, 
"(B) such State does not need such State standards to meet 
compelling and extraordinary conditions, or 
"(C) such State standards and accompanying enforcement pro-
cedures are not consistent with section 202(a) of this part. 
" (2) If each State standard is at least as stringent as the comparable 
applicable Federal standard, such State standard shall be deemed to 
be at least as protective of health and welfare as such Federal stand-
ards for purposes of paragraph (1). 
"(3) In the case of any new motor vehicle or new motor vehicle 
engine to which State standards apply pursuant to a waiver granted 
under paragraph (1), compliance with such State standards shall be 
treated as compliance with applicable Federal standards for purposes 
of this title.". 
M A I N T E N A N C E INSTRUCTIONS 
SEC. 208. Paragraph (3) of subsection (c) of section 207 of the Clean 
Air Act is amended to read as follows: 
"(3) (A) The manufacturer shall furnish with each new motor 
vehicle or motor vehicle engine written instructions for the proper 
maintenance and use of the vehicle or engine by the ultimate purchaser 
and such instructions shall correspond to regulations which the Admin-
istrator shall promulgate. The manufacturer shall provide in bold-
face type on the first page of the written maintenance instructions 
notice that maintenance, replacement, or repair of the emission con-
trol devices and systems may be performed by any automotive repair 
establishment or individual using any automotive part which has 
been certified as provided in subsection (a) (2). 
"(B) The instruction under subparagraph (A) of this paragraph 
Post, pp. 759, 
760, 765, 791. 
42 USC 7541. 
Post, p. 756. 
91 STAT. 756 
PUBLIC LAW 95-95—AUG. 7, 1977 
Certificate of 
conformity, label. 
Ante, pp. 702, 
751-753; Post, 
pp. 758-761, 
765, 767, 769, 
791. 
42 u s e 7541. 
Ante, p. 754. 
Regulations. 
"Emission 
control device or 
system." 
shall not include any condition on the ultimate purchaser's using, in 
connection with such vehicle or engine, any component or service 
(other than a component or service provided without charge under the 
terms of the purchase agreement) which is identified b^ brand, trade, 
or corporate namej or directly or indirectly distinguishing between 
service performed by the franchised dealers of such manufacturer or 
any other service establishments with which such manufacturer has a 
commercial relationship, and service performed by independent auto-
motive repair facilities with which such manufacturer has no com-
mercial relationship; except that the prohibition of this subsection 
may be waived by the Administrator if— 
"(i) the manufacturer satisfies the Administrator that the 
vehicle or engine will function properly only if the component or 
service so identified is used in connection with such vehicle or 
engine, and 
" (ii) the Administrator finds that such a waiver is in the public 
interest. 
"(C) In addition, the manufacturer shall indicate by means of a 
label or tag permanently affixed to such vehicle or engine that such 
vehicle or engine is covered by a certificate of conformity issued for the 
purpose of assuring achievement of emissions standards prescribed 
under section 202 of this Act. Such label or tag shall contain such other 
information relating to control of motor vehicle emissions as the 
Administrator shall prescribe by regulation.". 
WARRANTIES AND MOTOR VEHICLE PARTS CERTIFICATION 
SEC. 209. (a) Section 207(b) (2) of the Clean Air Act is amended by 
adding the lollowing at the end thereof: "No such warranty shall be 
invalid on the basis of any part used in the maintenance or repair of a 
vehicle or engine if such part was certified as provided under subsec-
tion (a) (2).''. 
(b) Section 207(a) of such Act is amended by striking out "(1)" 
and "(2)" and inserting in lieu thereof " (A)" and "(B)" respectively, 
by inserting " (1)" after " (a)" and by adding the following new para-
graph at the end thereof: 
" (2) In the case of a motor vehicle part or motor vehicle engine part, 
the manufacturer or rebuilder of such part may certify that use of such 
part will not result in a failure of the vehicle or engine to comply with 
emission standards promulgated under section 202. Such certification 
shall be made only under such regulations as may be promulgated by 
the Administrator to carry out the purposes of subsection (b). The 
Administrator shall promulgate such regulations no later than two 
years following the date of the enactment of this paragraph.". 
(c) Section 207(b) of such Act, as amended by subsection (a), is 
amended by adding the following at the end thereof: "For purposes 
of the warranty under this subsection, for the period after twenty-
four months or twenty-four thousand miles (whichever first occurs) 
the term 'emission control device or system' means a catalytic con-
verter, thermal reactor, or other component installed on or in a vehicle 
for the sole or primary purpose of reducing vehicle emissions. Such 
term shall not include those vehicle components which were in general 
use prior to model year 1968.". 
REPAIR AT O W N E R ' S PLACE OF CHOOSING 
SEC. 210. Section 207 of the Clean Air Act is amended by adding the 
following new subsection: 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 757 
"(g) For the purposes of this section, the owner of any motor 
vehicle or motor vehicle engine warranted under this section is respon-
sible in the proper maintenance of such vehicle or engine to replace and 
to maintain, at his expense at any service establishment or facility of 
his choosing, such items as spark plugs, points, condensers, and any 
other part, item, or device related to emission control (but not designed 
for emission control under the terms of the last three sentences of sec-
tion 207(a) (1)), unless such part, item, or device is covered by any Ante, p. 756. 
warranty not mandated by this Act.". 
HIGH ALTITUDE PERFORMANCE 
ADJUSTMENTS 
SEC. 211. (a) Section 203(a) of the Clean Air Act is amended by Ante, p. 755; 
adding the following at the end thereof: "No action with respect to ^^^^ P- 762. 
any element of design referred to in paragraph (3) (including any 
adjustment or alteration of such element) shall be treated as a pro-
hibited Act under such paragraph (3) if such action is in accordance 
with section 215". 
Infra. 
(b) Part A of title II of such Act is amended by inserting the fol-
lowing new section after section 214: 
" H I G H ALTITUDE PERFORMANCE ADJUSTMENTS 
"SEC. 215. (a) (1) Any action taken with respect to any element of 
design installed on or in a motor vehicle or motor vehicle engine in 
compliance with regulations under this title (including any alteration 
or adjustment of such element), shall be treated as not in violation of 
section 203(a) if such action is performed in accordance with high 
altitude adjustment instructions provided by the manufacturer under 
subsection (b) and approved by the Administrator. 
"(2) If the Administrator finds that adjustments or modifications 
made pursuant to instructions of the manufacturer under paragraph 
(1) will not insure emission control performance with respect to each 
standard under section 202 at least equivalent to that which would 
result if no such adjustments or modifications were made, he shall 
disapprove such instructions. Such finding shall be based upon mini-
mum engineering evaluations consistent with good engineering 
practice. 
"(b) (1) Instructions respecting each class or category of vehicles 
or engines to which this title applies providing for such vehicle and 
engine adjustments and modifications as may be necessary to insure 
emission control performance at different altitudes shall be submitted 
by the manufacturer to the Administrator pursuant to regulations 
promulgated by the Administrator. 
"(2) Any knowing violation by a manufacturer of requirements of 
the Administrator under paragraph (1) shall be treated as a violation 
by such manufacturer of section 203(a) (3) for purposes of the pen-
alties contained in section 205. 
"(3) Such instructions shall provide, in addition to other adjust-
ments, for adjustments for vehicles moving from high altitude areas 
to low altitude areas after the initial registration of such vehicles. 
"(c) No instructions under this section respecting adjustments or 
modifications may require the use of any manufacturer parts (as 
defined in section 203(a)) unless the manufacturer demonstrates to 
the satisfaction of the Administrator that the use of such manufac-
turer parts is necessary to insure emission control performance. 
42 use 7549. 
Supra. 
Finding. 
Ante, pp. 702, 
751-753; Post, 
pp. 758-761, 
765, 767, 769, 
791. 
Violations. 
Post, p. 762. 
91 STAT. 758 
Effective date. 
PUBLIC LAW 95-95—AUG. 7, 1977 
"(d) Before January 1,1981 the authority provided by this section 
shall be available in any high altitude State (as determined under 
regulations of the Administrator under regulations promulgated 
before the date of the enactment of this Act) but after December 31, 
1981, such authority shall be available only in any such State in 
which an inspection and maintenance program for the testing of motor 
vehicle emissions has been instituted for the portions of the State 
where any national ambient air quality standard for auto-related 
pollutants has not been attained.". 
Ante, pp. 
754-756. 
Ante, pp. 702, 
751-753; Post, 
pp. 758-761, 
765, 767, 769, 
791. 
42 u s e 7543. 
42 u s e 7525. 
Report to 
eongress. 
42 u s e 7521. 
Applicability. 
Emission 
reduction 
percentage. 
DEALER 
CERTIFICATION 
SEC. 212. Section 207 of the Clean Air Act is amended by adding 
the following new subsection at the end thereof: 
"(f) (1) Upon the sale of each new light-duty motor vehicle by a 
dealer, the dealer shall furnish to the purchaser a certificate that such 
motor vehicle conforms to the applicable regulations under section 
202, including notice of the purchaser's rights under paragraph (2). 
"(2) If at any time during the period for which the warranty 
applies under subsection (b), a motor vehicle fails to conform to the 
applicable regulations under section 202 as determined and subsec-
tion (b) of this section such nonconformity shall be remedied by the 
manufacturer at the cost of the manufacturer pursuant to such war-
ranty as provided in section 207(b) (2) (without regard to subpara-
graph (C) thereof). 
"(3) Nothing in section 209(a) shall be construed to prohibit a 
State from testing, or requiring testing of, a motor vehicle after the 
date of sale of such vehicle to the ultimate purchaser (except that no 
new motor vehicle manufacturer or dealer may be required to conduct 
testing under this paragraph).". 
HIGH A L T I T U D E REGULATIONS 
SEC. 213. (a) Section 206 of the Clean Air Act is amended by adding 
the following new subsection: 
"(f)(1) All light duty vehicles and engines manufactured during 
or after model year 1984 shall comply with the requirements of sec-
tion 202 of this Act regardless of the altitude at which they are sold. 
"(2) By October 1, 1978, the Administrator shall report to the Con-
gress on the economic impact and technological feasibility of the 
requirements found in subparagraph (1) of this subsection. The 
report is also to evaluate the technological feasibility and the health 
consequences of separate proportional emission standards for light 
duty vehicles and engines in high altitude areas that would reflect a 
comparable percentage of reduction in emissions to that achieved by 
light duty vehicles and engines in low altitude areas.". 
(b) Section 202 of such Act is amended by adding the following 
new subsection at the end thereof: 
"(f) (1) The high altitude regulation in effect with respect to model 
year 1977 motor vehicles shall not apply to the manufacture, distribu-
tion, or sale of 1978 and later model year motor vehicles. Any future 
regulation affecting the sale or distribution of motor vehicles or engines 
manufactured before the model year 1984 in high altitude areas of 
the country shall take effect no earlier than model year 1981. 
"(2) Any such future regulation applicable to high altitude vehicles 
or engines shall not require a percentage of reduction in the emissions 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 759 
of such vehicles which is greater than the required percentage of reduc-
tion in emissions from motor vehicles as set forth in section 202(b). 
This percentage reduction shall be determined by comparing any pro-
posed high altitude emission standards to high altitude emissions from 
vehicles manufactured during model year 1970. In no event shall regu-
lations applicable to high altitude vehicles manufactured before the 
model year 1984 establish a numerical standard which is more strin-
gent than that applicable to vehicles certified under non-high altitude 
conditions. 
"(3) Section 307(d) shall apply to any high altitude regulation 
referred to in paragraph (2) and before promulgating any such regu-
lation, the Administrator shall consider and make a finding with 
respect to— 
"(A) the economic impact upon consumers, individual high 
altitude dealers, and the automobile industry of any such regula-
tion, including the economic impact which was experienced as a 
result of the regulation imposed during model year 1977 with 
respect to high altitude certification requirements; 
"(B) the present and future availability of emission control 
technology capable of meeting the applicable vehicle and engine 
emission requirements without reducing model availability; and 
"(C) the likelihood that the adoption of such a high altitude 
regulation will result in any significant improvement in air quality 
in any area to which it shall apply.". 
Applicability. 
Post, p. 772. 
ASSURANCE OF PROTECTION OF PUBLIC HEALTH AND SAFETY 
Post, p. 765. 
42 use 7521. 
SEC. 214. (a) Section 202(a) of the Clean Air Act is amended by 
inserting "paragraph (1) of" before "this subsection" in paragraph 
(2) thereof and by adding a new paragraph at the end thereof: 
"(4) (A) Effective with respect to vehicles and engines manufac-
tured after model year 1978, no emission control device, system, or 
element of design shall be used in a new motor vehicle or new motor 
vehicle engine for purposes of complying with standards prescribed 
under this subsection if such device, system, or element of design will 
cause or contribute to an unreasonable risk to public health, welfare, 
or safety in its operation or function. 
"(B) In determining whether an unreasonable risk exists under 
subparagraph (A), the Administrator shall consider, among other 
factors, (i) whether and to what extent the use of any device, system, 
or element of design causes, increases, i-educes, or eliminates emissions 
of any unregulated pollutants; (ii) available methods for reducing or 
eliminating any risk to public health, welfare, or safety which may be 
associated with the use of such device, system, or element of design, 
and (iii) the availability of other devices, systems, or elements of 
design which may be used to conform to standards prescribed under 
this subsection without causing or contributing to such unreasonable 
risk. The Administrator shall include in the consideration required by 
this paragraph all relevant information developed pursuant to section 
214.". 
Post, p. 767. 
(b) Section 206(a) of such Act is amended by adding at the end Certificate of 
thereof the following: 
conformity. 
"(3) (A) A certificate of conformity may be issued under this ^''**'P-762. 
section only if the Administrator determines that the manufacturer 
(or in the case of a vehicle or engine for import, any person) has 
established to the satisfaction of the Administrator that any emission 
control device, system, or element of design installed on, or incorpo-
91 STAT. 760 
PUBLIC LAW 95-95—AUG. 7, 1977 
rated in, such vehicle or engine conforms to applicable requirements 
Ante, p. 759. 
of section 202(a) (4). 
Testing and 
"(B) The Administrator may conduct such tests and may require 
reporting 
^j^g manufacturer (or any such person) to conduct such tests and pro-
requirements. 
yi^Q such information as is necessary to carry out subparagraph (A) 
of this paragraph. Such requirements shall include a requirement for 
prompt reporting of the emission of any unregulated pollutant from 
a system, device, or element of design if such pollutant was not 
emitted, or was emitted in significantly lesser amounts, from the 
vehicle or engine without use of the system, device, or element of 
design.". 
42 use 7525. 
(c) (1) Section 206(b) (2) (A) (i) of such Act is amended by insert-
ing "and with the requirements of section 202(a)(4)" after "con-
formity was issued". 
(2) Section 206(b)(2)(A) of such Act is amended by inserting 
"and requirements" after "such regulations" in each place it appears. 
FILL PIPE STANDARDS 
Ante, p. 759. 
SEC. 215. Section 202(a) of the Clean Air Act is amended by adding 
the following new paragraph at the end thereof: 
New motor 
"(5) (A) If the Administrator promulgates final regulations which 
vehicles, 
define the degree of control required and the test procedures by which 
regulations. 
compliance could be determined for gasoline vapor recovery of uncon-
trolled emissions from the fueling of motor vehicles, the Administra-
tor shall, after consultation with the Secretary of Transportation with 
respect to motor vehicle safety, prescribe, by regulation, fill pipe 
standards for new motor vehicles in order to insure effective connec-
tion between such fill pipe and any vapor recovery system which the 
Administrator determines may be required to comply with such vapor 
recovery regulations. In promulgating such standards the Admin-
istrator shall take into consideration limits on fill pipe diameter, 
minimum design criteria for nozzle retainer lips, limits on the loca-
tion of the unleaded fuel restrictors, a minimum access zone sur-
rounding a fill pipe, a minimum pipe or nozzle insertion angle, and 
such other factors as he deems pertinent. 
"(B) Regulations prescribing standards under subparagraph (A) 
shall not become effective until the introduction of the model year for 
which it would be feasible to implement such standards, taking into 
) 
consideration the restraints of an adequate leadtime for design and 
production. 
"(C) Nothing in subparagraph (A) shall (i) prevent the Adminis-
trator from specifying different nozzle and fill neck sizes for gasoline 
with additives and gasoline without additives or (ii) permit the 
Administrator to require a specific location, configuration, modeling, 
or styling of the motor vehicle body with respect to the fuel tank fill 
neck or fill nozzle clearance envelope. 
"Fill pipe." 
"(D) For the purpose of this paragraph, the term 'fill pipe' shall 
include the fuel tank fill pipe, fill neck, fill inlet, and closure.". 
ONBOARD HYDROCARBON TECHNOLOGY 
Supra. 
SEC. 216. Section 202(a) of the Clean Air Act is amended by adding 
the following new paragraph at the end thereof: 
Feasibility 
"(6) The Administrator shall determine the feasibility and desir-
determination. 
ability of re(pnring new motor vehicles to utilize onboard hydrocarbon 
control technology which would avoid the necessity of gasoline vapor 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 761 
recovery of uncontrolled emissions emanating from the fueling of 
motor vehicles. The Administrator shall compare the costs and effec-
tiveness of such technology to that of implementing and maintaining 
vapor recovery systems (taking into consideration such factors as fuel 
economy, economic costs of such technology, administrative burdens, 
and equitable distribution of costs). If the Administrator finds that it Regulations. 
is feasible and desirable to employ such technology, he shall, after 
consultation with the Secretary of Transportation with respect to 
motor vehicle safety, prescribe, by regulation, standards requiring the 
use of onboard hydrocarbon technology which shall not become effec-
tive until the introduction to the model year for which it would be 
feasible to implement such standards, taking into consideration com-
pliance costs and the restraints of an adequate lead time for design 
and production.". 
TEST PROCEDURES FOR MEASURING EVAPORATIVE EMISSIONS 
Model year 1978 
engines and 
vehicles. 
Ante, p. 751. 
SEC. 217. Section 202(b) (1) of the Clean Air Act is amended by 
adding a new subparagraph (C) as follows: 
"(C) Effective with respect to vehicles and engines manufactured 
after model year 1978 (or in the case of heavy-duty vehicles or engines, 
such later model year as the Administrator determines is the earliest 
feasible model year), the test procedure promulgated under paragraph 
(2) for measurement of evaporative emissions of hydrocarbons shall 
require that such emissions be measured from the vehicle or engine as 
a whole. Regulations to carry out this subparagraph shall be promul- Regulations 
gated not later than two hundred and seventy days after date of 
enactment of this subparagraph.". 
CERTAIN MINOR AND TECHNICAL AND CONFORMING AMENDMENTS 
SEC. 218. (a) Section 203(a) (2) of the Clean Air Act is amended 42 USC 7522. 
by inserting the following before the semicolon: "or for any person to 
fail or refuse to permit entry, testing, or inspection authorized under 
section 206 (c)". 
42 USC 7525. 
(b) Section 204(a) of such Act is amended by striking out "para- 42 USC 7523. 
graph (1), (2), (3), or (4) of". 
(c) Section 302(d) of such Act is amended by inserting before the 42 USC 7602. 
period at the end thereof the following: "and includes the Common-
wealth of the Northern Mariana Islands". 
(d) Section 203(b)(3) of such Act is amended by striking out 
"subsection (a)" the second time it appears and inserting in lieu 
thereof "section 202" and by striking out "country of export" in each 
place it appears and inserting "country which is to receive such vehicle 
or engine". 
:: 
TAMPERING 
SEC. 219. (a) Section 203(a) (3) of the Clean Air Act is amended 
by inserting "(A)" after "(3)" and by adding the following new 
subparagraph (B) at the end thereof: 
"(B) for any person engaged in the business of repairing, 
servicing, selling, leasing, or trading motor vehicles or motor 
vehicle engines, or who operates a fleet of motor vehicles, know-
ingly to remove or render inoperative any device or element of 
design installed on or in a motor vehicle or motor vehicle engine 
in compliance with regulations under this title following its sale 
and delivery to the ultimate purchaser, or". 
Motor vehicle 
related 
businesses. 
91 STAT. 762 
PUBLIC LAW 95-95—AUG. 7, 1977 
Ante, p. 757. 
"Manufacturer 
parts." 
(b) Section 203(a) of such Act, as amended by section 211 of this 
Act, is amended by adding the following at the end thereof: "Nothing 
in paragraph (3) shall be construed to require the use of manufac-
turer parts in maintaining or repairing any motor vehicle or motor 
vehicle engine. For the purposes of the preceding sentence, the term 
'manufacturer parts' means, with respect to a motor vehicle engine, 
parts produced or sold by the manufacturer of the motor vehicle or 
motor vehicle engine.". 
(c) Section 205 of such Act is amended to read as follows: 
42 use 7524. 
Ante, pp. 755, 
761. 
42 use 7522. 
"PENALTIES 
"SEC. 205. Any person who violates paragraph (1), (2), or (4) of 
section 203(a) or any manufacturer, dealer, or other person who 
violates paragraph (3) (A) of section 203(a) shall be subject to a 
civil penalty of not more than $10,000. Any person who violates para-
graph (3) (B) of such section 203(a) shall be subject to a civil penalty 
of not more than $2,500. Any such violation with respect to paragraph 
(1), (3), or (4) of section 203(a) shall constitute a separate offense 
with respect to each motor vehicle or motor vehicle engine.". 
Regulations. 
42 use 7525. 
Ante, pp. 702, 
751-753, 
758-761; Post, 
pp. 765, 767, 
769, 791. 
TESTIXG BY SMALL 
MANUFACTURERS 
SEC. 220. Section 206(a) (1) of the Clean Air Act is amended by 
adding at the end thereof the following: "In the case of any manufac-
turer of vehicles or vehicle engines whose projected sales in the United 
States for any model year (as determined by the Administrator) will 
not exceed three hundred, the regulations prescribed by the Adminis-
trator concerning testing by the manufacturer for purposes of deter-
mining compliance with regulations under section 202 for the useful 
life of the vehicle or engine shall not require operation of any vehicle 
or engine manufactured during such model year for more than five 
thousand miles or one hundred and sixty hours, respectively, but the 
Administrator shall apply such adjustment factors as he deems appro-
priate to assure that each such vehicle or engine will comply during 
its useful life (as determined under section 202(d)) with the regula-
tions prescribed under section 202 of this Act.". 
PARTS STANDARDS; PREEMPTION or 
STATE LAW 
42 use 7543. 
SEC. 221. Section 209 of the Clean Air Act (relating to State stand-
ards) is amended by redesignating subsection (c) as (d) and by 
inserting after subsection (b) the following new subsection: 
"(c) Whenever a regulation with respect to any motor vehicle 
Ante, p. 756. 
part or motor vehicle engine part is in effect under section 207(a) (2), 
no State or political subdivision thereof shall adopt or attempt to 
enforce any standard or any requirement of certification, inspection, 
or approval which relates to motor vehicle emissions and is applicable 
to the same aspect of such part. The preceding sentence shall not apply 
in the case of a State with respect to which a waiver is in effect under 
subsection (b).". 
Regulations. 
42 use 7545. 
TESTING OF FUELS AND FUEL ADDITIVES 
SEC. 222. (a) Section 211 of the Clean Air Act is amended by adding 
the following new subsections at the end thereof: 
"(e) (1) Not later than one year after the date of enactment of this 
subsection and after notice and opportunity for a public hearing, the 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 763 
Administrator shall promulgate regulations which implement the 
authority under subsection (b) (2) (A) and (B) with respect to each 
fuel or fuel additive which is registered on the date of promulgation of 
such regulations and with respect to each fuel or fuel additive for 
which an application for registration is filed thereafter. 
"(2) Regulations under subsection (b) to carry out this subsection 
shall require that the requisite information be provided to the Admin-
istrator by each such manufacturer— 
"(A) prior to registration, in the case of any fuel or fuel 
additive which is not registered on the date of promulgation of 
such regulations; or 
"(B) not later than three years after the date of promulgation 
of such regulations, in the case of any fuel or fuel additive which 
is registered on such date. 
"(3) In promulgating such regulations, the Administrator may— 
"(A) exempt any small business (as defined in such regula-
tions) from or defer or modify the requirements of, such regu-
lations with respect to any such small business; 
"(B) provide for cost-sharing with respect to the testing of 
any fuel or fuel additive which is manufactured or processed by 
two or more persons or otherwise provide for shared responsi-
bility to meet the requirements of this section without duplication; 
or 
"(C) exempt any person from such regulations with respect to 
a particular fuel or fuel additive upon a finding that any addi-
tional testing of such fuel or fuel additive would be duplicative 
of adequate existing testing. 
"(f)(1) Effective upon March 31, 1977, it shall be unlawful for 
any manufacturer of any fuel or fuel additive to first introduce into 
commerce, or to increase the concentration in use of, any fuel or fuel 
additive for general use in light duty motor vehicles manufactured 
after model year 1974 which is not substantially similar to any fuel or 
fuel additive utilized in the certification of any model year 1975, or 
subsequent model year, vehicle or engine under section 206. 
"(2) Effective November 30, 1977, it shall be unlawful for any 
manufacturer of any fuel to first introduce into commerce any gasoline 
which contains a concentration of manganese in excess of .0625 grams 
per gallon of fuel. 
"(3) Any manufacturer of any fuel or fuel additive which prior to 
March 31, 1977, and after January 1, 1974, first introduced into 
commerce or increased the concentration in use of a fuel or fuel addi-
tive that would otherwise have been prohibited under paragraph (1) 
if introduced on or after March 31,1977 shall, not later than Septem-
ber 15,1978, cease to distribute such fuel or fuel additive in commerce. 
During the period beginning 180 days after the date of the enactment 
of this subsection and before September 15, 1978, the Administrator 
shall prohibit, or restrict the concentration of any fuel additive which 
he determines will cause or contribute to the failure of an emission 
control device or system (over the useful life of any vehicle in which 
such device or system is used) to achieve compliance by the vehicle 
with the emission standards with respect to which it has been certified 
under section 206. 
"(4) The Administrator, upon application of any manufacturer of 
any fuel or fuel additive, may waive the prohibitions established under 
paragraph (1) or (3) of this subsection if he determines that the 
applicant has established that such fuel or fuel additive or a specified 
Manufacturer 
reporting 
requirements. 
Exemptions and 
cost-sharing. 
New fuel and fuel 
additive content. 
Ante, pp. 
758-760, 762; 
Post, p. 768. 
Gasoline content. 
Fuel additives, 
concentration 
restrictions. 
Waiver of fuel 
and fuel additive 
prohibitions. 
91 STAT. 764 
PUBLIC LAW 95-95—AUG. 7, 1977 
concentration thereof, and the emission products of such fuel or fddi-
tive or specified concentration thereof, will not cause or contribute 
to a failure of any emission control device or system (over the useful 
life of any vehicle in which such device or system is used) to achieve 
compliance by the vehicle with the emission standards with respect 
Ante, pp. 
to which it has been certified pursuant to section 206. If the Admin-
758-760, 762; 
istrator has not acted to grant or deny an application under this 
Post, p. 768. 
paragraph within one hundred and eighty days of receipt of such 
application, the waiver authorized by this paragraph shall be treated 
as granted. 
Judicial review. 
"(5) No action of the Administrator under this section may be 
stayed by any court pending judicial review of such action.". 
42 use 7545. 
(b) Section 211(d) of such Act is amended by inserting "or (f) 
after "(a)". 
SMALL KEFINERIES 
SEC. 223. Section 211 of the Clean Air Act is amended by adding 
the following new subsection at the end thereof: 
Definitions. 
"(g)(1) For the purposes of this subsection: 
"(A) The terms 'gasoline' and 'refinery' have the meaning 
provided under regulations of the Administrator promulgated 
under this section. 
"(B) The term 'small refinery' means a refinery or a portion 
of refinery producing gasoline— 
"(i) the gasoline producing capacity of which was in oper-
ation or under construction at any time during the one-
year period immediately preceding October 1, 1976, and 
"(ii) which has a crude oil or bona fide feed stock capacity 
(as determined by the Administrator) of 50,000 barrels per 
day or less, and 
"(iii) which is owned or controlled by a refiner with 
a total combined crude oil or bona fide feed stock capacity 
(as determined by the Administrator) of 137,500 barrels 
per day or less. 
"(2) No regulations of the Administrator under this section (or any 
amendment or revision thereof) respecting the control or prohibition 
of lead additives in gasoline shall require a small refinery prior to 
October 1, 1982, to reduce the average lead content per gallon of gaso-
line refined at such refinery below the applicable amount specified in 
the table below: 
"If the average gasoline production of the small refinery for the 
immediately preceding calendar year (or. in the case of refiner-
ies under construction, half the designed crude oil capacity) 
The applicable amount 
was (in barrels per day) : 
is (In grams per gallon) 
5.000 or under 
2. 65. 
5.001 to 10,000 
2.15. 
10,001 to 15,000 
1,65. 
15,001 to 20,000 
1. 30. 
20,001 to 25,000 
.80. 
25,001 or over 
as prescribed by the 
Administrator, but 
not greater 
than 
0.80. 
Regulations. 
The Administrator may promulgate such regulations as he deems 
appropriate with respect to the reduction of the average lead content 
i 
of gasoline refined by small refineries on and after October 1, 1982, 
* 
taking into account the experience under the preceding provisions of 
this paragraph. 
Lead additives, 
restrictions. 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 7(S5 
"(3) Effective on the date of the enactment of this subsection, the 
regulations of the Administrator under this section respecting fuel 
additives (40 CFR part 80) shall be deemed amended to comply with 
the requirement contained in paragraph (2). 
"(4) Nothing in this section shall be construed to preempt the right 
of any State to take action as permitted bv section 211(c) (4) of this 42 USC 7545. 
Act.". 
EMISSION STANDARDS FOR HEAVY DUTY VEHICLES OR ENGINES AND CERTAIN 
OTHER VEHICLES OR ENGINES 
SEC. 224. (a) Section 202(a) of the Clean Air Act is amended by 
adding the following new paragraph at the end thereof: 
"(3)(A)(i) The Administrator shall prescribe regulations under 
paragraph (1) of this subsection applicable to emissions of carbon 
monoxide, hydrocaibons, and oxides of nitrogen from classes or cate-
gories of heavy-duty vehicles or engines manufactured during and 
after model year 1979. Such regulations applicable to such pollutants 
from such classes or categories of vehicles or engines manufactured 
during model years 1979 through 1982 shall contain standards which 
reflect the greatest degree of emission reduction achievable through 
the application of technology which the Administrator determines 
will be available for the model year to which such standards apply, 
giving appropriate consideration to the cost of applying such technol-
ogy within the period of time available to manufacturers and to noise, 
energy, and safety factors associated with the application of such 
technology. 
"(ii) Unless a different standard is temporarily promulgated as 
provided in subparagraph (B) or unless the standard is changed as 
provided in subparagraph (E), regulations under paragraph (1) of 
this subsection applicable to emissions from vehicles or engines manu-
factured during and after model year— 
"(I) 1983, in the case of hydrocarbons and carbon monoxide, 
shall contain standards which require a reduction of at least 90 
per cent, and 
" (II) 1985, in the case of oxides of nitrogen, shall contain stand-
ards which require a reduction of at least 75 per cent, 
from the average of the actually measured emissions from heavy-duty 
gasoline-fueled vehicles or engines, or any class or category thereof, 
manufactured during the baseline model year. 
"(iii) The Administrator shall prescribe regulations under para-
graph (1) of this subsection applicable to emissions of particulate 
matter from classes or categories of vehicles manufactured during and 
after model year 1981 (or during any earlier model year, if practica-
ble) . Such regulations shall contain standards which reflect the great-
est degree of emission reduction achievable through the application of 
technology which the Administrator determines will be available for 
the model year to which such standards apply, giving appropriate con-
sideration to the cost of applying such technology within the period of 
time available to manufacturers and to noise, energy, and safety factors 
associated with the application of such technology. Such standards 
shall be promulgated and shall take effect as expeditiously as practi-
cable taking into account the period necessary for compliance. 
"(iv) In establishing classes or categories of vehicles or engines for 
purposes of regulations under this paragraph, the Administrator may 
base such classes or categories on gross vehicle weight, horsepower, or 
such other factors as may be appropriate. 
42 USC 7521. 
Regulations. 
Emission 
standards for 
heavy-duty 
vehicles or 
engines. 
1983 standards 
for hydrocarbons 
and carbon 
monoxide. 
1985 standards 
for oxides of 
nitrogen. 
1981 standards 
for particulate 
matter. 
Vehicle and 
engine classes oir 
categories, 
criteria. 
91 STAT. 766 
PUBLIC LAW 95-95—AUG. 7, 1977 
"Baseline model 
year." 
Standards, 
triennial revision. 
Report to 
Congress. 
Contents. 
Ante, p. 731. 
Pollutant-specific 
study. 
Publication in 
Federal Register 
and report to 
Congress. 
"(v) For the purpose of this paragraph, the term 'baseline model 
year' means, with respect to any pollutant emitted from any vehicle 
or engine, or class or category thereof, the model year immediately 
preceding the model year in which Federal standards applicable to 
such vehicle or engine, or class or category thereof, first applied with 
respect to such pollutant. 
"(B) 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, the Administrator may, after notice and opportunity for 
a public hearing promulgate regulations revising any standard pre-
scribed as provided in subparagraph (A) (ii) for any class or cate-
gory of heavy-duty vehicles or engines. Such standard shall apply only 
for the period of three model years beginning four model years after 
the model year in which such revised standard is promulgated. In 
revising any standard under this subparagraph for any such three 
model year period, the Administrator shall determine the maximum 
degree of emission reduction which can be achieved by means reason-
ably expected to be available for production of such period and shall 
prescribe a revised emission standard in accordance with such deter-
mination. Such revised standard shall require a reduction of emissions 
of from any standard which applies in the previous model year. 
"(C) Action revising any standard for any period may be taken 
by the Administrator under subparagraph (B) only if he finds— 
"(i) that compliance with the emission standards otherwise 
applicable for such model year cannot be achieved by technology, 
processes, operating methods, or other alternatives reasonably 
expected to be available for production for such model year 
without increasing cost or decreasing fuel economy to an exces-
sive and unreasonable degree; and 
" (ii) the National Academy of Sciences has not, pursuant to its 
study and investigation under subsection (c), issued a report sub-
stantially contrary to the findings of the Administrator under 
clause (i). 
"(D) A report shall be made to the Congress with respect to any 
standard revised under subparagraph (B) which shall contain— 
"(i) a summary of the health effects found, or believed to be 
associated with, the pollutant covered by such standard, 
"(ii) an analysis of the cost-effectiveness of other strategies 
for attaining and maintaining national ambient air quality stand-
ards and carrying out regulations under part C of title I (relating 
to significant deterioration) in relation to the cost-effectiveness 
for such purposes of standards which, but for such revision, would 
apply. 
"(lii) a summary of the research and development efforts and 
progress being made by each manufacturer for purposes of meet-
ing the standards promulgated as provided in subparagraph 
(A) (ii) or, if applicable, subparagraph (E), and 
"(iv) specific findings as to the relative costs of compliance, and 
relative fuel economy, which may be expected to result from the 
application for anj' model year of such revised standard and 
the application for such model year of the standard, which, but 
for such revision, would apply. 
"(E) (i) The Administrator shall conduct a continuing pollutant-
specific study concerning the effects of each air pollutant emitted from 
heavy-duty vehicles or engines and from other sources of mobile source 
related pollutants on the public health and welfare. The results of 
such study shall be published in the Federal Register and reported 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 7(S7 
to the Congress not later than June 1,1979, and before June 1 of each 
third year thereafter. 
"(ii) On the basis of such study and sUch other information as is 
available to him (including the studies under section 214), the Admin-
istrator may, after notice and opportunity for a public hearing, pro-
mulgate regulations under paragraph (1) of this subsection changing 
any standard prescribed in subparagraph (A) (ii) (or revised under 
subparagraph (B) or previously changed under this subparagraph). 
No such changed standard shall apply for any model year before the 
model year four years after the model year during which regulations 
containing such changed standard are promulgated, 
"(F) For purposes of this paragraph, motorcycles and motorcycle 
engines shall be treated in the same manner as heavy-duty vehicles 
and engines (except as otherwise permitted under section 206(f) (1)) 
unless the Administrator promulgates a rule reclassifying motorcycles 
as light-duty vehicles within the meaning of this section or unless the 
Administrator promulgates regulations under subsection (a) apply-
ing standards applicable to the emission of air pollutants from motor-
cycles as a separate class or category. In any case in which such 
standards are promulgated for such emissions from motorcycles as a 
separate class or category, the Administrator, in promulgating such 
standards, shall consider the need to achieve equivalency of emission 
reductions between motorcycles and other motor vehicles to the maxi-
mum extent practicable.". 
(b) Section 202(b) (3) of such Act is amended by adding the follow-
ing new subparagraph at the end thereof: 
"(C) The term 'heavy duty vehicle' means a truck, bus, or other 
vehicle manufactured primarily for use on the public streets, 
roads, and highways (not including any vehicle operated exclu-
sively on a rail or rails) which has a gross vehicle weight (as 
determined under regulations promulgated by the Administrator) 
in excess of six thousand pounds. Such term includes any such 
vehicle which has special features enabling off-street or off-
highway operation and use.". 
(c) Section 312 of such Act is amended by inserting "AND STUDIES 
or cosT-EFTECTivENESs ANALYSES" at the end of the heading thereof and 
by adding the following new subsection at the end thereof: 
"(c) Not later than January 1, 1979, the Administrator shall study 
the possibility of increased use of cost-effectiveness analyses in devis-
ing strategies for the control of air pollution and shall report its rec-
ommendations to the Congress, including any recommendations for 
revisions in any provision of this Act. Such study shall also include 
an analysis and report to Congress concerning whether or not existing 
air pollution control strategies are adequate to achieve the purposes 
of this Act." 
(d) Part A of title II of such Act is amended by redesignating 
section 214 as section 216 and by inserting after section 213 the fol-
lowing new section: 
Infra 
Motorcycle 
classification. 
Ante, p. 758. 
"Heavy duty 
vehicle." 
42 u s e 7521. 
Use of cost-
effectiveness, 
study. 
42 u s e 7612. 
Report to 
eongress. 
Contents. 
42 u s e 7550. 
"STUDY OF PARTICULATE EMISSIONS FROM MOTOR VEHICLES 
"SEC. 214. (a)(1) The Administrator shall conduct a study con- 42 USe 7548. 
cerning the effects on health and welfare of particulate emissions from 
motor vehicles or motor vehicle engines to which section 202 applies. 
Ante, pp. 702,, 
Such study shall characterize and quantify such emissions and ana- 
751-753, 
lyze the relationship of such emissions to various fuels and fuel 
758-761, 765; 
additives. 
•^"/"•a; Post, pp. 
769, 791. 
29-194 
0 - 8 0 - 5 1 
91 STAT. 768 
PUBLIC LAW 95-95—AUG. 7, 1977 
Report to 
Congress. 
Certificate of 
conformity. 
Ante, p. 758. 
Ante, pp. 759, 
760, 765; Post, p. 
791. 
Motorcycles. 
JU 
Vehicles or 
engines, testing. 
Penalties. 
Ante, pp. 702, 
751-753, 
758-761, 765, 
767; Post, pp. 
769, 791. 
:M^ 
•ail 
Ante, p. 756. 
"(2) The study shall also include an analysis of particulate emis-
sions from mobile sources which are not related to engine emissions 
(including, but not limited to tire debris, and asbestos from brake 
lining). 
"(b) The Administrator shall report to the Congress the findings 
and results of the study conducted under subsection (a) not later 
than two years after the date of the enactment of the Clean Air Act 
Amendments of 1977. Such report shall also include recommendations 
for standards or methods to regulate particulate emissions described 
in paragraph (2) of subsection (a).", 
(e) Section 206 of such Act (relating to compliance testing and 
certification) is amended by adding the following new subsection at 
the end thereof: 
"(g) (1) In the case of any class or category of heavy-duty vehicles 
or engines to which a standard promulgated under section 202(a) of 
this Act applies, except as provided in paragraph (2), a certificate 
of conformity shall be issued under subsection (a) and shall not be 
suspended or revoked under subsection (b) for such vehicles or engines 
manufactured by a manufacturer notwithstanding the failure of such 
vehicles or engines to meet such standard if such manufacturer pays a 
nonconformance penalty as provided under regulations promulgated 
by the Administrator after notice and opportunity for public hear-
ing. In the case of motorcycles to which such a standard applies, such 
a certificate may be issued notwithstanding such failure if the manu-
facturer pays such a penalty. 
"(2) No certificate of conformity may be issued under paragraph 
(1) with respect to any class or category of vehicle or engine if the 
degree by which the manufacturer fails to meet any standard promul-
gated under section 202(a) with respect to such class or category 
exceeds the percentage determined under regulations promulgated by 
the Administrator to be practicable. Such regulations shall require 
such testing of vehicles or engines being produced as may be necessary 
to determine the percentage of the classes or categories of vehicles or 
engines which are not in compliance with the regulations with respect 
to which a certificate of conformity was issued and shall be promul-
gated not later than one year after the date of enactment of the Clean 
Air Act Amendments of 1977. 
"(3) The regulations promulgated under paragraph (1) shall, not 
later than one year after the date of enactment of the Clean Air Act 
Amendments of 1977, provide for nonconformance penalties in 
amounts determined under a formula established by the Adminis-
trator. Such penalties under such formula— 
" CA) may vary from pollutant-to-pollutant: 
j
= 
"(B) may vary by class or category or vehicle or engine; 
"(C) shall take into account the extent to which actual emis-
sions of any air pollutant exceed allowable emissions under the 
standards promulgated under section 202; 
"(D) be increased periodically in order to create incentives for 
the development of production vehicles or engines which achieve 
the required degree of emission reduction; and 
"(E) shall remove any competitive disadvantage to manufac-
turers whose engines or vehicles achieve the required degree of 
emission reduction (including any such disadvantage arising from 
the application of paragraph (4)). 
" (4) In any case in which a certificate of conformity has been issued 
under this subsection, any warranty required under section 207(b) (2) 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 769 
and any action under section 207(c) shall be required to be effective Ante, p. 755. 
only for the emission levels which the Administrator determines that 
such certificate was issued and not for the emission levels required 
under the applicable standard. 
"(5) The authorities of section 208(a) shall apply, subject to the 42 USC 7542. 
conditions of section 208(b), for purposes of this subsection.". 
(g) Section 202(d) of such Act is amended by striking out "and" 42 USC 7521. 
at the end of paragraph (1) thereof; by inserting " (other than motor-
cycles or motorcycle engines)" after "engines" in paragraph (2) 
thereof; by striking out the period at the end of paragraph (2) and 
inserting in lieu thereof "; and"; and by adding a new paragraph (3) 
to read as follows: 
"(3) in the case of any motorcycle or motorcycle engine, be a 
period of use the Administrator shall determine.". 
AIRCRAFT EMISSIONS STANDARDS 
SEC. 225. Section 231(c) of the Clean Air Act is amended to read 42 USC 7571. 
as follows: 
"(c) Any regulations in effect under this section on date of enact- Notice and 
ment of the Clean Air Act Amendments of 1977 or proposed or pro- hearing, 
mulgated thereafter, or amendments thereto, with respect to aircraft 
shall not apply if disapproved by the President, after notice and 
opportunity for public hearing, on the basis of a finding by the Sec-
retary of Transportation that any such regulation would create a 
hazard to aircraft safety. Any such finding shall include a reasonably 
specific statement of the basis upon which the finding was made.". 
CARBON MONOXIDE INTRUSION INTO SUSTAINED USE VEHICLES 
SEC. 226. (a) The Administrator, in conjunction with the Secretary 
of Transportation, shall study the problem of carbon monoxide intru-
sion into the passenger area of sustained-use motor vehicles. Such 
study shall include an analysis of the sources and levels of carbon 
monoxide in the passenger area of such vehicles and a determination of 
the effects of carbon monoxide upon the passengers. The study shall 
also review available methods of monitoring and testing for the 
presence of carbon monoxide and shall analyze the cost and effective-
ness of alternative methods of monitoring and testing. The study 
shall analyze the cost and effectiveness of alternative strategies for 
attaining and maintaining acceptable levels of carbon monoxide in 
the passenger area of such vehicles. Within one year the Adminis-
trator shall report to the Congress respecting the results of such study. 
(b) For the purpose of this section, the term "sustained-use motor 
vehicle" means any diesel or gasoline fueled motor vehicle (whether 
light or heavy duty) which, as determined by the Administrator (in 
conjunction with the Secretary), is normally used and occupied for 
a sustained, continuous, or extensive period of time, including buses, 
taxicabs, and police vehicles. 
TITLE III—AMENDMENTS RELATING PRIMARILY TO 
TITLE I I I OF THE CLEAN AIR ACT 
Study. 
42 USC 7521 
note. 
Report to 
Congress. 
"Sustained-use 
motor vehicle." 
DEFINITIONS 
SEC. 301. (a) Section 302 of the Clean Air Act is amended by 42 USC 7602. 
adding the following new subsections at the end thereof: 
91 STAT. 770 
PUBLIC LAW 95-95—AUG. 7, 1977 
42 use 7602. 
"(i) The term 'Federal land manager' means, with respect to any 
lands in the United States, the Secretary of the department with 
authority over such lands. 
"(j) Except as otherwise expressly provided, the terms 'major sta-
tionary source' and 'major emitting facility' mean any stationary 
facility or source of air pollutants which directly emits, or has the 
potential to emit, one hundred tons per year or more of any air 
pollutant (including any major emitting facility or source of fugitive 
emissions of any such pollutant, as determined by rule by the 
Administrator). 
"(k) The terms 'emission limitation' and 'emission standard' mean 
a requirement established by the State or the Administrator which 
limits the quantity, rate, or concentration of emissions of air pol-
lutants on a continuous basis, including any requirement relating to 
the operation or maintenance of a source to assure continuous omission 
reduction. 
"(1) The term 'standard of performance' means a requirement of 
continuous emission reduction, including any requirement relating to 
the operation or maintenance of a source to assure continuous emission 
reduction. 
"(m) The term 'means of emission limitation' means a system of 
continuous emission reduction (including the use of specific tech-
nology or fuels with specified pollution characteristics). 
"(n) The term 'primary standard attainment date' means the date 
specified in the applicable implementation plan for the attainment of 
a national primary ambient air quality standard for any air pollutant. 
"(o) The term 'delayed compliance order' means an order issued 
by the State or by the Administrator to an existing stationary source, 
postponing the date required under an applicable implementation plan 
for compliance by such source with any requirement of such plan. 
"(p) The term 'schedule and timetable of compliance' means a 
schedule of required measures including an enforceable sequence of 
actions or operations leading to compliance with an emission limita-
tion, other limitation, prohibition, or standard.". 
(b) Section 302(e) of such Act is amended to read as follows: 
"(e) The term 'person' includes an individual corporation, partner-
ship, association. State, municipality, political subdivision of a State, 
and any agency, department, or instrumentality of the United States 
and any officer, agent, or employee thereof.". 
(c) Section 302(g) of such Act is amended to read as follows: 
"(g) The term 'air pollutant' means any air pollution agent or com-
bination of such agents, including any physical, chemical, biological, 
radioactive (including source material, special nuclear material, and 
byproduct material) substance or matter which is emitted into or 
otherwise enters the ambient air.". 
EMERGEXCY POWERS 
42 use 7603. 
^^^- ^^'^' (^) Section 303 of the Clean Air Act is amended by 
inserting "(a)" after "303" and by adding the following at the end, 
thereof: "If it is not practicable to assure prompt protection of the 
health of persons solely by commencement of such a civil action, the 
Administrator may issue such orders as may be necessary to protect 
the health of persons who are, or may be, affected by such pollution 
eonsultation. 
source- (or sources). Prior to taking any action under this section, the 
Administrator shall consult with the State and local authorities in 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 771 
order to confirm the correctness of the information on which the action 
proposed to be taken is based and to ascertain the action which such 
authorities are, or will be, taking. Such order shall be effective for a 
period of not more than twenty-four hours unless the Administrator 
brings an action under the first sentence of this subsection before the 
expiration of such period. Whenever the Administrator brings such 
an action within such period, such order shall be effective for a period 
of forty-eight hours or such longer period as may be authorized by the 
court pending litigation or thereafter. 
"(b] Any person who willfully violates, or fails or refuses to com- Noncompliance, 
ply with, any order issued by the Administrator under subsection (a) penalty, 
may, in an action brought in the appropriate United States district 
court to enforce such order, be fined not more than $5,000 for each 
day during which such violation occurs or failure to comply 
continues.". 
(b) Section 313 of the Clean Air Act is amended by striking out 42 USC 7613. 
"and" at the end of clause (9) and adding before the period after 
clause (10) : "; and (11) (A) the status of plan provisions developed 
by States as required under section 110(a) (2) (F) (v), and an account- 42 USC 7410. 
ing of States failing to develop suitable plans; (B) the number of 
v 
annual incidents of air pollution reaching or exceeding levels deter- 
> 
mined to present an imminent and substantial endangerment to health 
(within the meaning of section 303) by location, date, pollution source, Ante, p. 770. 
and the duration of the emergency; (C) measures taken pursuant to 
section 110(a) (2) (F)(v), and an evaluation of their effectiveness in 
reducing pollution; and (D) an accounting of those instances in which 
an air pollution alert, warning, or emergency is declared as required 
under regulations of the Administrator and in which no action is taken 
by either the Administrator, State, or local officials, together with an 
-W^yi ^
^
U * 
explanation for the failure to take action". 
CITIZEN SUITS 
SEC. 303. (a) Section 304(a) of the Clean Air Act is amended— ^ 
^2 USC 7604. 
(1) by striking out "or" at the end of paragraph (1) and strik-
ing out the period at the end of paragraph (2) and inserting in 
lieu thereof ", or"; and 
(2) by inserting immediately after paragraph (2) the follow-
ing new paragraph: 
" (3) against any person who proposes to construct or constructs 
any new major emitting facility without a permit required under 
part C of title I (relating to significant deterioration of air qual- Ante, p. 731. 
ity) or part D of title I (relating to nonattainment) or who is Ante, p. 746. 
alleged to be in violation of any condition of such permit.", 
(b) Section 304 (f) of such Act is amended by striking out "or" at the 
end of paragraph (1), striking out the period at the end of paragraph 
(2) and substituting ", or", and by adding the following new para-
graph at the end thereof: 
"(3) any condition or requirement of a permit under part C of 
title I (relating to significant deterioration of air quality) or part 
' • •
• 
D of title I (relating to nonattainment), any condition or require-
ment of section 113(d) (relating to certain enforcement orders). Ante, p. 705. 
section 119 (relating to primary nonferrous smelter orders), ^re^e, pp. 709, 
requirements under an applicable implementation plan relating tx) ^^2- 
«' 
transportation control measures, air quality maintenance plans, 
vehicle inspection and maintenance programs or vapor recovery 
'^ 
requirements, section 211 (e) and (f) (relating to fuels and fuel Ante, p. 762. 
91 STAT. 772 
PUBLIC LAW 95-95—AUG. 7, 1977 
Ante, p. 742. 
additives), or section 169A (relating to visibility protection), any 
Ante, p. 726. 
condition or requirement under part B of title I (relating to ozone 
Ante, pp. 697, 
protection) any requirement under section 111 or 112 (without 
699-701, 703; 
regard to whether such requirement is expressed as an emission 
Post, p. 791. 
standard or otherwise).". 
70s'Post p 796 
(^) Section 304(e) of such Act is amended by inserting at the end 
42 use 7604. 
thereof the following: "Nothing in this section or in any other law of 
the United States shall be construed to prohibit, exclude, or restrict any 
State, local, or interstate authority from— 
r
»
»
r
t
f
e ' 
"(1) bringing any enforcement action or obtaining any judicial 
remedy or sanction in any State or local court, or 
" (2) bringing any administrative enforcement action or obtain-
ing any administrative remedy or sanction in any State or local 
administrative agency, department or instrumentality, 
against the United States, any department, agency, or instrumentality 
* ' ^
'
^ 
thereof, or any officer, agent, or employee thereof under State or local 
law respecting control and abatement of air pollution. For provisions 
requiring compliance by the United States, departments, agencies, 
instrumentalities, officers, agents, and employees in the same manner as 
Ante, p. 711. 
nongovernmental entities, see section 118.". 
fn/ra. 
(d) Section 307 of such Act, as amended by section 305 of this Act, 
is amended by adding the following at the end thereof: 
•
"
^ - 
"(e) Nothing in this Act shall be construed to authorize judicial 
review of regulations or orders of the Administrator under this Act, 
'
^ 
except as provided in this section.". 
^ 
CrVIL LITIGATION 
42 use 7605. 
SEC. 304. (a) Section 305 of the Clean Air Act is amended to read as 
follows : 
"REPRESENTATION IN LITIGATION 
"SEC. 305. (a) The Administrator shall request the Attorney General 
•"•'•'' ' ' 
to appear and represent him in any civil action instituted under this 
Act to which the Administrator is a party. Unless the Attorney Gen-
eral notifies the Administrator that he will appear in such action, 
within a reasonable time, attorneys appointed by the Administrator 
shall appear and represent him. 
"(b) In the event the Attorney General agrees to appear and repre-
sent the Administrator in any such action, such representation shall be 
conducted in accordance with, and shall include participation by, 
attorneys appointed by the Administrator to the extent authorized by, 
the memorandum of understanding between the Department of Justice 
and the Environmental Protection Agency, dated June 13, 1977, 
respecting representation of the agency by the department in civil 
litigation.". 
ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW 
42 use 7607. 
SEC. 305. (a) Section 307 of the Clean Air Act is amended by adding 
the following: new subsection at the end thereof: 
"(d)(1) This subsection applies to— 
"(A) the promulgation or revision of any national ambient 
Ante, p. 691. 
air quality standard under section 109, 
"(B) the promulgation or revision of an implementation plan 
Ante, p. 694. 
by the Administrator under section 110 (c), 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 773 
"(C) the promulgation or revision of any standard of perform-
ance under section 111 or emission standard under section 112, 
"(D) the promulgation or revision of any regulation pertain-
ing to any fuel or fuel additive under section 211, 
" ( E ) the promulgation or revision of any aircraft emission 
standard under section 231, 
" ( F ) promulgation or revision of regulations pertaining to 
orders for coal conversion under section 113(d)(5) 
(but not 
including orders granting or denying any such orders), 
"(G) promulgation or revision of regulations pertaining to 
primary nonferrous smelter orders under section 119 (but not 
including the granting or denying of any such order), 
" ( H ) promulgation or revision of regulations under subtitle B 
of title I (relating to stratosphere and ozone protection), 
" ( I ) promulgation or revision of regulations under subtitle 
C of title I (relating to prevention of significant deterioration 
of air quality and protection of visibility), 
" ( J ) promulgation or revision of regulations under section 202 
and test procedures for new motor vehicles or engines under 
section 206, and the revision of a standard under section 202 
(a)(3), 
.
.
. 
" ( K ) promulgation or revision of regulations for noncompli-
ance penalties under section 120, 
"(L) promulgation or revision of any regulations promulgated 
under section 207 (relating to warranties and compliance by 
vehicles in actual use), 
"(M) action of the Administrator under section 126 (relating 
to interstate pollution abatement), and 
"(N) such other actions as the Administrator may determine. 
The provisions of section 553 through 557 and section 706 of title 5 
of the United States Code shall not, except as expressly provided in 
this subsection, apply to actions to which this subsection applies. This 
subsection shall not apply in the case of any rule or circumstance 
referred to in subparagraphs (A) or (B) of subsection 553(b) of title 
5 of the United States Code. 
"(2) Not later than the date of proposal of any action to which this 
subsection applies, the Administrator shall establish a rulemaking 
docket for such action (hereinafter in this subsection referred to as 
a 'rule'). Whenever a rule applies only within a particular State, a 
second (identical) docket shall be simultaneously established in the 
appropriate regional office of the Environmental Protection Agency. 
"(3) In the case of any rule to which this subsection applies, notice 
of proposed rulemaking shall be published in the Federal Register, 
as provided under section 553(b) of title 5, United States Code, shall 
be accompanied by a statement of its basis and purpose and shall 
specify the period available for public comment (hereinafter referred 
to as the 'comment period'). The notice of proposed rulemaking shall 
also state the doclcet number, the location or locations of the docket, 
and the times it will be open to public inspection. The statement of 
basis and T»urpose shall include a summary of— 
" ( A ) the factual data on which the proposed rule is based; 
" ( B ) the methodology used in obtaining the data and in 
analvzinfir the data; and 
"(C) the major legal interpretations and policy considerations 
underlyinar the proposed rule. 
The statement shall also set forth or summarize and provide a refer-
Ante, pp. 697, 
699-701, 703; 
Post, p. 791. 
Ante, pp. 701, 
703; Post, p. 796. 
Ante, pp. 762, 
764; Post, p. 791. 
Ante, p. 769; 
j^iue, p. <ov 
Post, p. 791. 
Ante, p. 705. 
Ante, pp. 
712. 
. 709, 
Ante, p. 726. 
Ante, p. 731. 
Ante, p. 702. 
Ante, p. 762. 
Ante, p. 765. 
Ante, p. 714. 
Ante, pp. 
754-758. 
Ante, p. 724. 
Rulemaking 
docket, 
establishment. 
Publication in 
Federal Register. 
Purpose 
statement, 
contents. 
91 STAT. 774 
PUBLIC LAW 95-95—AUG. 7, 1977 
Ante, p. 691. 
Docket 
inspection. 
Hearing, 
transcript. 
Oral or written 
submissions. 
Transcript. 
Purpose 
statement. 
ence to any pertinent findings, recommendations, and comments by 
the Scientific Review Committee established under section 109(d) 
and the National Academy of Sciences, and, if the proposal differs in 
any important respect from any of these recommendations, an 
explanation of the reasons for such differences. All data, information, 
and documents referred to in this paragraph on which the proposed 
rule relies shall be included in the docket on the date of publication of 
the proposed rule. 
"(4) (A) The rulemaking docket required under paragraph (2) 
shall be open for inspection by the public at reasonable times speci-
fied in the notice of proposed rulemaking. Any person may copy docu-
ments contained in the docket. The Administrator shall provide 
copying facilities which may be used at the expense of the person seek-
ing copies, but the Administrator may waive or reduce such expenses 
in such instances as the public interest requires. Any person may 
request copies by mail if the person pays the expenses, including 
personnel costs to do the copying. 
"(B) (i) Promptly upon receipt by the agency, all written com-
ments and documentary information on the proposed rule received 
from any person for inclusion in the docket during the comment 
period shall be placed in the docket. The transcript of public hearings, 
if any, on the proposed rule shall also be included in the docket 
promptly upon receipt from the person who transcribed such hear-
ings. All documents which become available after the proposed rule 
has been published and which the Administrator determines are of 
central relevance to the rulemaking shall be placed in the docket as 
soon as possible after their availability. 
"(ii) The drafts of proposed rules submitted by the Administrator 
to the Office of Management and Budget for any interagency review 
process prior to proposal of any such rule, all documents accompany-
ing such drafts, and all written comments thereon by other agencies 
and all written responses to such written comments by the Admin-
istrator shall be placed in the docket no later than the date of pro-
posal of the rule. The drafts of the final rule submitted for such 
review process prior to promulgation and all such written comments 
thereon, all documents accompanying such drafts, and written 
responses thereto shall be placed in the docket no later than the date 
of promulgation. 
"(5) In promulgating a rule to which this subsection applies (i) 
the Admmistrator shall allow any person to submit written comments, 
data, or documentary information; (ii) the Administrator shall give 
interested persons an opportunity for the oral presentation of data, 
views, or arguments, in addition to an opportunity to make written 
submissions; (iii) a transcript shall be kept of any oral presentation; 
and (iv) the Administrator shall keep the record of such proceeding 
open for thirty days after completion of the proceeding to provide 
an opportunity for submission of rebuttal and supplementary 
information. 
"(6) (A) The promulgated rule shall be accompanied by (i) a 
statement of basis and purpose like that referred to in paragraph (3) 
with respect to a proposed rule and (ii) an explanation of the 
reasons for any major changes in the promulgated rule from the 
proposed rule. 
"(B) The promulgated rule shall also be accompanied by a response 
to each of the significant comments, criticisms, and new data sub-
mitted in written or oral presentations during the comment period. 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 775 
"(C) The promulgated rule may not be based (in part or whole) 
on any information or data which has not been placed in the docket 
as of the date of such promulgation. 
"(7) (A) The record for judicial review shall consist exclusively 
of the material referred to in paragraph (3), clause (i) of paragraph 
(4^ (B), and subparagraphs (A) and (B) of paragraph (6). 
"(B) Only an objection to a rule or procedure which was raised 
with reasonable specificity during the period for public comment 
(including any public hearing) may be raised during judicial review. 
If the person raising an objection can demonstrate to the Administra-
tor that it was impracticable to raise such objection within such time 
or if the grounds for such objection arose after the period for public 
comment (but within the time specified for judicial review) and if 
such objection is of central relevance to the outcome of the rule, the 
Administrator shall convene a proceeding for reconsideration of the 
rule and provide the same procedural rights as would have been 
afforded had the information been available at the time the rule was 
proposed. If the Administrator refuses to convene such a proceeding, 
such person may seek review of such refusal in the United States court 
of appeals for the appropriate circuit (as provided in subsection (b)). 
Such reconsideration shall not postpone the effectiveness of the rule. 
The effectiveness of the rule may be stayed during such reconsidera-
tion, however, by the Administrator or the court for a period not to 
exceed three months. 
"(8) The sole forum for challenging procedural determinations 
made by the Administrator under this subsection shall be in the United 
States court of appeals for the appropriate circuit (as provided in sub-
section (b)) at the time of the substantive review of the rule. No inter-
locutory appeals shall be permitted with respect to such procedural 
determinations. In reviewing alleged procedural errors, the court may 
invalidate the rule only if the errors were so serious and related to 
matters of such central relevance to the rule that there is a substantial 
likelihood that the rule would have been significantly changed if such 
errors had not been made. 
"(9) In the case of review of any action of the Administrator to 
which this subsection applies, the court may reverse any such action 
found to be— 
"(A) arbitrary, capricious, an abuse of discretion, or otherwise 
not in accordance with law; 
"(B) contrary to constitutional right, power, privilege, or 
immunity; 
"(C) in excess of statutory jurisdiction, authority, or limita-
tions, or short of statutory right; or 
"(D) without observance of procedure required by law. if 
(i) such failure to observe such procedure is arbitrary or capri-
cious, (ii) the requirement of paragraph (7) (B) has been met, 
and (iii) the condition of the last sentence of paragraph (8) is 
met. 
"(10) Each statutory deadline for promulgation of rules to which 
this subsection applies which requires promulgation less than six 
months after date of proposal may be extended to not more than six 
months after date of proposal by the Administrator upon a determina-
tion that such extension is necessary to afford the public, and the 
agency, adequate opportunity to carry out the purposes of this 
subsection. 
"(11) The requirements of this subsection shall take effect with 
Record. 
Reconsideratioia 
proceeding. 
Review. 
Stay. 
Interlocutory 
appeals, 
prohibition. 
Extension. 
91 STAT. 776 
PUBLIC LAW 95-95—AUG. 7, 1977 
Notice and 
hearing. 
42 use 7405. 
42 use 7607. 
Ante, p. 714 
Petition, filing. 
42 use 7414. 
Regulations. 
42 use 7601. 
respect to any rule the proposal of which occurs after ninety days after 
the date of enactment of the Clean Air Act Amendments of 1977.". 
(b) Section 105 of such Act is amended by adding the following new 
subsection at the end thereof: 
"(e) No application by a State for a grant under this section may 
be disapproved by the Administrator without prior notice and oppor-
tunity for a public hearing in the affected State, and no commitment 
or obligation of any funds under any such grant may be revoked or 
reduced without prior notice and opportunity for a public hearing in 
the affected State (or in one of the affected States if more than one 
State is affected).". 
(c)(1) The first sentence of section 307(b)(1) of such Act is 
amended by striking out "or" after "211," and by inserting after "231" 
the following: "any rule or order issued under section 120 (relating to 
noncompliance penalties, any other nationally applicable regulations 
promulgated, or final action taken, by the Administrator under this 
Act". 
(2) The second sentence of section 307(b) (1) of such Act is amended 
by inserting after "thereunder," the following: "or any other final 
action of the Administrator under this Act which is locally or region-
ally applicable". 
(3) The last sentence of section 307(b) (1) of such Act is amended 
to read as follows: "Any petition for review under this subsection 
shall be filed within sixty days from the date notice of such promul-
gation, approval, or action appears in the Federal Register, except 
that if such petition is based solely on grounds arising after such 
sixtieth day, then any petition for review under this subsection shall 
be filed within sixty days after such grounds arise. 
(4) Section 307(b) (1) of such Act is further amended by inserting 
the following after the second sentence thereof: "Notwithstanding the 
preceding sentence a petition for review of any action referred to in 
such sentence may be filed only in the United States Court of Appeals 
for the District of Columbia if such action is based on a determination 
of nationwide scope or effect and if in taking such action the Admin-
istrator finds and publishes that such action is based on such a 
determination.". 
(d) (1) Clause (iii) of section 114(a) of such Act relating to inspec-
tion, monitoring, and entry, is amended by striking out "section 119 
or 303" and inserting in lieu thereof the following: "any provision of 
this Act (except with respect to a manufacturer of motor vehicles or 
motor vehicle engines)". 
(2) Section 114(a)(1) of such Act is amended by striking out "the 
owner or operator of any emission source" and inserting in lieu thereof 
"any person subject to any requirement of thisAct (other than a manu-
facturer subject to the provisions of section 206(c) or 208)". 
(3) Section 114(a)(2)(A) of such Act is amended by striking 
out "in which an emission source is located" and by inserting in lieu 
thereof "of such person". 
(4) Section 114(a) (2) (B) of such Act is amended by striking out 
"the owner or operator of such source" and by inserting in lieu thereof 
"such person". 
(e) Section 301 of such Act is amended by inserting "(1)" after 
"(a)" and by inserting a new paragraph (2) to read: 
"(2) Not later than one year after the date of enactment of this 
paragraph, the Administrator shall promulgate regulations establish-
ing general applicable procedures and policies for regional officers 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 777 
and employees (including the Kegional Administrator) to follow in 
carrying out a delegation under paragraph (1), if any. Such regula-
tions shall be designed— 
"(A) to assure fairness and uniformity in the criteria, proce-
dures, and policies applied by the various regions in implementing 
and enforcing the Act; 
"(B) to assure at least an adequate quality audit of each State's 
performance and adherence to the requirements of this Act in 
implementing and enforcing the Act, particularly in the review 
of new sources and in enforcement of the Act; and 
"(C) to provide a mechanism for identifying and standard-
izing inconsistent or varying criteria, procedures, and policies 
being employed by such officers and employees in implementing 
and enforcing the Act.". 
(f) Section 307 of such Act, as amended by section 303(d) of this 
Act, is amended by adding the following new subsection at the end 
thereof: 
"(f) In any judicial proceeding under this section, the court may 
award costs of litigation (includmg reasonable attorney and expert 
witness fees) whenever it determines that such award is appropriate.". 
(g) Section 307 of such Act is amended by adding the following 
new subsection at the end thereof: 
"(g) In any action respecting the promulgation of regulations under 
section 120 or the administration or enforcement of section 120 no 
court shall grant any stay, injunctive, or similar relief before final 
judgment by such court in such action.". 
(h) Section 307(b) of such Act is amended by inserting "any order 
under section 120," after "111 (d)". 
Court costs. 
Ante, p. 772. 
Relief. 
Ante, p. 714. 
Ante, p. 776. 
SEWAGE TREATMENT GRANTS 
SEC. 306. Title III of the Clean Air Act is amended by striking out 
section 316 and adding the following new section at the end thereof: 
u 
SEWAGE TREATMENT GRANTS 
"SEC. 316. (a) No grant which the Administrator is authorized to 
make to any applicant for construction of sewage treatment works in 
any area in any State may be withheld, conditioned, or restricted by 
the Administrator on the basis of any requirement of this Act except 
as provided in subsection (b). 
"(b) The Administrator may withhold, condition, or restrict the 
making of any grant for construction referred to in subsection (a) 
only if he determines that— 
"(1) such treatment works will not comply with applicable 
standards under section 111 or 112, 
"(2) the State does not have in effect, or is not carrying out, a 
State implementation plan approved by the Administrator which 
expressly quantifies and provides for the increase in emissions of 
each air pollutant (from stationary and mobile sources in any 
area to which either part C or part D of title I applies for such 
pollutant) which increase may reasonably be anticipated to result 
directly or indirectly from the new sewage treatment capacity 
which would be created by such construction. 
"(3) the construction of such treatment works would create 
new sewage treatment capacity which— 
Construction. 
42 use 7616,, 
Restriction. 
Ante, pp. 697., 
699-701, 703; 
Post, p. 791. 
Ante, pp. 701,, 
703; Post, p. 796. 
Emissions, 
increase. 
Ante, pp. 731, 
746. 
91 STAT. 778 
PUBLIC LAW 95-95—AUG. 7, 1977 
Ante, p. 746. 
42 u s e 4321 
note. 
Standards or 
regulations. 
42 u s e 7617. 
Ante, p. 700; 
Post, p. 791. 
Ante, p. 699. 
Ante, p. 726. 
Ante, pp. 702, 
751-753, 
758-761, 765, 
767, 769; Post, p. 
791. 
Post, p. 791. 
Ante, p. 769; 
Post, p. 791. 
Publication in 
Federal Register. 
,.at*T 
Ante, p. 772. 
'' " • 
"(A) may reasonably be anticipated to cause or contribute 
to, directly or indirectly, an increase in emissions of any air 
pollutant in excess of the increase provided for under the 
provisions referred to in paragraph (2) for any such area, or 
"(B) would otherwise not be in conformity with the appli-
cable implementation plan, or 
"(4) such increase in emissions would interfere with, or be 
inconsistent with, the applicable implementation plan for any 
other State. 
In the case of construction of a treatment works which would result, 
directly or indirectly, in an increase in emissions of any air pollutant 
from stationary and mobile sources in an area to which part D of title 
I applies, the quantification of emissions referred to in paragraph (2) 
shall include the emissions of any such pollutant resulting directly or 
indirectly from areawide and nonmajor stationary source growth 
(mobile and stationary) for each such area. 
"(c) Nothing in this section shall be construed to amend or alter 
any provision of the National Environmental Policy Act or to affect 
any determination as to whether or not the requirements of such Act 
have been met in the case of the construction of any sewage treatment 
works.". 
ECONOMIC IMPACT ASSESSMENT 
SEC. 307. Title III of the Clean Air Act is amended by adding the 
following new section at the end thereof: 
J '!)•'• 
•
= 
" E C O N O M I C IMPACT ASSESSMENT 
"SEC. 317. (a) This section applies to action of the Administrator 
in promulgating or revising— 
"(1) any new source standard of performance under section 
111(b), 
" (2) any regulation under section 111 (d), 
-a 
"(3) any regulation under part B of title I (relating to ozone 
and stratosphere protection), 
" (4) any regulation under part C of title I (relating to preven-
tion of significant deterioration of air quality), 
"(5) any regulation establishing emission standards under sec-
tion 202 and any other regulation promulgated under that section, 
"(6) any regulation controlling or prohibiting any fuel or fuel 
additive under section 211 (c), and 
"(7) any aircraft emission standard under section 231. 
Nothing in this section shall apply to any standard or regulation 
described in paragraphs (1) through (7) of this subsection unless 
the notice of proposed rulemaking in connection with such standard 
or regulation is published in the Federal Register after the date ninety 
days after the date of enactment of this section. In the case of revisions 
of such standards or regulations, this section shall apply only to revi-
sions which the Administrator determines to be substantial revisions. 
"(b) Before publication of notice of proposed rulemaking with 
respect to any standard or regulation to which this section applies, 
the Administrator shall prepare an economic impact assessment 
respecting such standard or regulation. Such assessment shall be 
included in the docket required under section 307(d) (2) and shall be 
available to the public as provided in section 307(d)(4). Notice of 
proposed rulemaking shall include, notice of such availability together 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 779 
with an explanation of the extent and manner in which the Adminis-
trator has considered the analysis contained in such economic impact 
assessment in proposing the action. The Administrator shall also pro-
vide such an explanation in his notice of promulgation of any regula-
tion or standard referred to in subsection (a). Each such explanation 
shall be part of the statements of basis and purpose required under 
sections 307(d) (3) and 307(d) (6). 
"(c) Subject to subsection (d), the assessment required under this 
section with respect to any standard or regulation shall contain an 
analysis of— 
"(1) the costs of compliance with any such standard or regula-
tion, including extent to which the costs of compliance will vary 
depending on (A) the effective date of the standard or regulation, 
and (B) the development of less expensive, more efficient means 
or methods of compliance with the standard or regulation; 
"(2) the potential inflationary or recessionary effects of the 
standard or regulation; 
"(3) the effects on competition of the standard or regulation 
with respect to small business; 
"(4) the effects of the standard or regulation on consumer 
costs; and 
"(5) the effects of the standard or regulation on energy use. 
Nothing in this section shall be construed to provide that the analysis 
of the factors specified in this subsection affects or alters the factors 
which the Administrator is required to consider in taking any action 
referred to in subsection (a). 
"(d) The assessment required under this section shall be as extensive 
as practicable, in the judgment of the Administrator taking into 
account the time and resources available to the Environmental Pro-
tection Agency and other duties and authorities which the Adminis-
trator is required to carry out under this Act. 
"(e) Nothing in this section shall be construed— 
"(1) to alter the basis on which a standard or regulation is 
promulgated under this Act; 
"(2) to preclude the Administrator from carrying out his 
responsibility under this Act to protect public health and 
welfare; or 
"(3) to authorize or require any judicial review of any such 
standard or regulation, or any stay or injunction of the proposal, 
promulgation, or effectiveness of such standard or regulation on 
the basis of failure to comply with this section. 
"(f) The requirements imposed on the Administrator under this 
section shall be treated as nondiscretionary duties for purposes of 
section 304(a)(2), relating to citizen suits. The sole method for 
enforcement of the Administrator's duty under this section shall be 
by bringing a citizen suit under such section 304(a) (2) for a court 
order to compel the Administrator to perform such duty. Violation 
of any such order shall subject the Administrator to penalties for con-
tempt of court. 
"(g) In the case of any provision of this Act in which costs are 
expressly required to be taken into account, the adequacy or inade-
fjuacy of any assessment required under this section may be taken 
into consideration, but shall not be treated for purposes of judicial 
revieAv of any such provision as conclusive with respect to compliance 
or noncompliance with the requirement of such provision to take cost 
into account.". 
Ante, p. 772. 
Analysis. 
42 u s e 7604. 
Court order. 
Violation, 
penalties. 
91 STAT. 780 
PUBLIC LAW 95-95—AUG. 7, 1977 
-Sih 
FINANCIAL DISCLOSURE: CONFLICTS OF INTEREST 
Statement, filing. 
42 u s e 7618. 
Ante, p. 691. 
Availability to 
public. 
Known financial 
interest, 
definition 
requirement. 
Review. 
Annual report to 
Congress. 
Ante, pp. 697, 
699, 701, 703; 
Post, p. 791. 
Ante, pp. 701, 
703; Post, p. 796. 
SEC. 308. Title III of the Clean Air Act is amended by adding the 
following new section at the end thereof: 
"FINANCIAL DISCLOSURE; CONFLICTS OF INTEREST 
"SEC. 318. (a) Each person who— 
"(1) has any known financial interest in (A) any person subject 
to this Act, or (B) any person who applies for or receives any 
grant, contract, or other form of financial assistance pursuant 
^ 
to this Act. and 
"(2) is (A) an officer or employee of the Environmental Pro-
tection Agency who performs any function of duty under this 
Act, (B) a member of the National Commission on Air Quality 
appointed as a member of the public, or (C) a member of the 
scientific review committee under section 109(d) 
shall, beginning six months after the date of enactment of this section, 
annually file with the Administrator a written statement concerning 
all such interests held by such officer, employee, or member during 
the preceding calendar year. Such statement shall be available to the 
public. 
"(b) The Administrator shall— 
"(1) act within ninety days after the date of enactment of 
the Clean Air Act Amendments of 1977— 
"(A) to define the term 'known financial interest' for pur-
poses of subsection (a) of this section; 
"(B) to establish the methods by which the requirement 
to file written statements specified in subsection (a) of this 
section will be monitored and enforced, including appropriate 
provisions for the filing by such officers, employees and mem-
bers of such statements and the review by the Administrator 
(or the Commission in the case of members of the Commis-
sion) of such statements; and 
"(2) report to the Congress on June 1 of each calendar year 
with respect to such statements to the Administrator and the 
actions taken in regard thereto during the preceding calendar 
year. 
"(c) After the date one year after the date of the enactment of this 
section, no person who— 
"(1) is employed by, serves as attorney for, acts as a consultant 
for, or holds any other official or contractual relationship to— 
"(A) the owner or operator of any major stationary source 
or any stationary source which is subject to a standard of 
performance or emission standard under section 111 or 112, 
"(B) any manufacturer of any class or category of mobile 
sources if such mobile sources are subject to regulation under 
this Act, 
"(C) any trade or business association of which such owner 
or operator referred to in subparagraph (A) or such manu-
'• 
facturer referred to in subparagraph (B) is a member or 
"(D) any organization (whether or not nonprofit) which 
i 
is a party to litigation, or engaged in political, educational, 
or informational activities, relating to air quality, or 
"(2) owns, or has any financial interest in, any stock, bonds, or 
- 
other financial interest which ownership or interest may be incon-
sistent with a position as an officer or employee of the Environ-
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 781 
Rules. 
mental Protection Agency, as determined under regulations of the 
Administrator, 
may concurrently serve as such an officer or employee of the Environ-
mental Protection Agency. 
"(d) The Administrator shall promulgate rules for purposes of 
subsections (b) and (c) which— 
"(1) identify specific offices or positions within such agency Exemption. 
which are of a nonregulatory or nonpolicymaking nature and 
provide that officers or employees occupying such positions shall 
be exempt from the requirements of this section, and 
" (2) identify the ownership or financial interests which may be 
inconsistent with particular regulatory or policymaking offices or 
positions within the Environmental Protection Agency. 
^j^, 
"(e) Any officer or employee of the Environmental Protection 
Penalty. '-
Agency or member of the National Commission on Air Quality or of 
the scientific review committee under section 109(d) who is subject Ante, p. 691. 
to, and knowingly violates, this section or any regulation issued there-
under, shall be fined not more than $2,500 or imprisoned not more 
,.,- ^ 
than one year, or both, 
-; . 
"(f) Nothing in this section shall be construed to affect or impair 
any other Federal statutory requirements respecting disclosure or 
conflict of interest applicable to the Environmental Protection Agency. 
Subsections (c) and (d) of this section shall not apply after the effec-
tive date of any such requirements respecting conflicts of interest 
which are generally applicable to departments, agencies, and instru-
mentalities of the United States.". 
r,., 
AIR QUALITY MONITORING BY ENVIRONMENTAL PROTECTION AGENCY 
SEC. 309. Title III of the Clean Air Act is amended by adding the 
following new section at the end thereof: 
" A I R QUALITY MONITORING 
Notice and 
hearing. 
Regulations. 
42 use 7619. 
"SEO. 319. Not later than one year after the date of enactment of 
the Clean Air Act Amendments of 1977 and after notice and oppor-
tunity for public hearing, the Administrator shall promulgate regula- , 
tions establishing an air quality monitoring system throughout the 
United States which— 
"(1) utilizes uniform air quality monitoring criteria and meth-
odology and measures such air quality according to a uniform air 
i4d\ ':>?:>} , 
quality indexj 
"(2) provides for air quality monitoring stations in major 
urban areas and other appropriate areas throughout the United 
States to provide monitoring such as will supplement (but not 
duplicate) air quality monitoring carried out by the States 
required under any applicable implementation plan, 
• 
> al 
"(3) provides for daily analysis and reporting of air quality 
* 
based upon such uniform air quality index, and 
"(4) provides for recordkeeping with respect to such monitor- Recordkeeping, 
ing data and for periodic analysis and reporting to the general Report to public, 
piiblic by the Administrator with respect to air quality based 
upon such data. 
The operation of such air quality monitoring system may be car- Operation, 
ried out by the Administrator or by such other departments, agencies, 
or entities of the Federal Government (including the National 
Weather Service) as the President may deem appropriate. Any air 
91 STAT. 782 
PUBLIC LAW 95-95—AUG. 7, 1977 
Ante, pp. 
691-696. 
quality monitoring system required under any applicable implemen-
tation plan under section 110 shall, as soon as practicable following 
promulgation of regulations under this section, utilize the standard 
criteria and methodology, and measure air quality according to the 
standard index, established under such regulations.". 
Conference. 
42 use 7620. 
. i t - • 
Ante, p. 731. 
/ 
Transcript. 
MODELING 
SEC. 310. Title III of the Clean Air Act is amended by adding the 
following new section at the end thereof: 
"STANDARDIZED AIR QUALITY MODELING 
"SEC. 320. (a) Not later than six months after the date of the enact-
ment of the Clean Air Act Amendments of 1977, and at least every 
three years thereafter, the Administrator shall conduct a conference 
on air quality modeling. In conducting such conference, special atten-
tion shall be given to appropriate modeling necessary for carrying 
out part C of title I (relating to prevention of significant deteriora-
tion of air quality). 
"(b) The conference conducted under this section shall provide for 
participation by the National Academy of Sciences, representatives 
of State and local air pollution control agencies, and appropriate Fed-
eral agencies, including the National Science Foundation; the National 
Oceanic and Atmospheric Administration, and the National Bureau 
of Standards. 
"(c) Interested persons shall be permitted to submit written com-
ments and a verbatim transcript of the conference proceedings shall 
be maintained. 
"(d) The comments submitted and the transcript maintained pur-
suant to subsection (c) shall be included in the docket required to be 
established for purposes of promulgating or revising any regulation 
relating to air quality modeling under part C of title I.". 
E M P L O Y M E N T EFFECTS 
Evaluations 
SEC. 311. Title III of the Clean Air Act is amended by adding the 
following new section at the end thereof: 
"EMPLOYMENT EFFECTS 
42 use 7621. 
"SEC. 321. (a) The Administrator shall conduct continuing evalua-
tions of potential loss or shifts of employment which may result from 
the administration or enforcement of the provision of this Act and 
applicable implementation plans, including where appropriate, inves-
tigating threatened plant closures or reductions in employment alleg-
edly resulting from such administration or enforcement. 
Investigation 
"(b) Any employee, or any representative of such employee, who 
request. 
{Q discharged or laid off, threatened with discharge or layoff, or whose 
employment is otherwise adversely affected or threatened to be 
adversely affected because of the alleged results of any requirement 
' •" 
imposed or proposed to be imposed under this Act, including any 
requirement applicable to Federal facilities and any requirement 
imposed by a State or political subdivision thereof, may request the 
;f;Vc*r 
Administrator to conduct a full investigation of the matter. Any such 
request shall be reduced to writing, shall set forth with reasonable 
particularity the grounds for the request, and shall be signed by the 
employee, or representative of such employee, making the request. 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 783 
Record. 
Information, 
availability to 
public. 
Subpenas. 
Ante, pp. 709, 
712. 
Confidential 
information. 
The Administrator shall thereupon investigate the matter and, at the Hearings, 
request of any party, shall hold public hearings on not less than five 
days' notice. At such hearings, the Administrator shall retjuire the 
parties, including the employer involved, to present information relat-
ing to the actual or potential effect of such requirements on employ-
ment and the detailed reasons or justification therefor. If the 
Administrator determines that there are no reasonable grounds for 
conducting a public hearing he shall notify (in writing) the party 
requesting such hearing of such a determination and the reasons there-
for. If the Administrator does convene such a hearing, the hearing 
shall be on the record. Upon receiving the report of such investigation, 
the Administrator shall make findings of fact as to the effect of such 
requirements on employment and on the alleged actual or potential 
discharge, layoff, or other adverse effect on employment, and shall 
make such recommendations as he deems appropriate. Such report, 
findings, and recommendations shall be available to the public. 
"(c) In connection with any investigation or public hearing con-
ducted under subsection (b) of this section or as authorized in section 
119 (relating to primary nonferrous smelter orders), the Adminis-
trator may issue subpenas for the attendance and testimony of wit-
nesses and the production of relevant papers, books and documents, 
and he may administer oaths. Except for emission data, upon a shoAv-
ing satisfactory to the Administrator by such owner or operator that 
such papers, books, documents, or information or particular part 
thereof, if made public, would divulge trade secrets or secret processes 
of such owner, or operator, the Administrator shall consider such rec-
ord, report, or information or particular portion thereof confidential 
- ' 
in accordance with the purposes of section 1905 of title 18 of the 
United States Code, except that such paper, book, document, or infor-
mation may be disclosed to other officers, employees, or authorized 
representatives of the United States concerned with carrying out this 
Act, or when relevant in any proceeding under this Act. Witnesses Witnesses fees, 
summoned shall be paid the same fees and mileage that are paid wit-
nesses in the courts of the United States. In cases of contumacy or Penalty, 
refusal to obey a subpena served upon any person under this sub-
parao^raph, the district court of the United States for any district in 
which such person is found or resides or transacts business, upon 
application by the United States and after notice to such person, shall 
have jurisdiction to issue an order requiring such person to apnear 
and give testimony before the Administrator, to appear and produce 
papers, books, and documents before the Administrator, or both, and 
any failure to obey such order of the court may be punished by such 
court as a contempt thereof. 
"(d) Nothing in this section shall be construed to require or author-
ize the Administrator, the States, or political subdivisions thereof, to 
modify or withdraw any requirement imposed or proposed to be 
imposed under this Act.". 
EMPLOYEE PROTECTION 
SEC. 312. Title III of the Clean Air Act is amended by adding at the 
end thereof the following new section: 
EMPLOYEE PROTECTION 
"SEC. 322. (a) No employer may discharge any employee or other-
wise discriminate against any employee with respect to his compensa-
42 use 7622. 
7 q
i q u
n
-
an
91 STAT. 784 
PUBLIC LAW 95-95—AUG. 7, 1977 
^^B-it 
Complaint, filing. 
Notice. 
Investigation. 
Order. 
Notice and 
hearing. 
Review, petition. 
ttdv :)t[ 
tion, terms, conditions, or privileges of employment because the 
employee (or any person acting pursuant to a request of the employ-
ee)— 
"(1) commenced, caused to be commenced, or is about to com-
mence or cause to be commenced a proceeding under this Act or a 
proceeding for the administration or enforcement of any require-
ment imposed under this Act or under any applicable implementa-
tion plan, 
"(2) testified or is about to testify in any such proceeding, or 
"(3) assisted or participated or is about to assist or participate 
in any manner in such a proceeding or in any other action to carry 
out the purposes of this Act. 
"(b) (1) Any employee who believes that he has been discharged or 
otherwise discriminated against by any person in violation of subsec-
tion (a) may, within thirty days after such violation occurs, file (or 
have any person file on his behalf) a complaint with the Secretary of 
Labor (hereinafter in this subsection referred to as the 'Secretary') 
alleging such discharge or discrimination. Upon receipt of such a com-
plaint, the Secretary shall notify the person named in the complaint of 
the filing of the complaint. 
"(2) (A) Upon receipt of a complaint filed under paragraph (1), the 
Secretary shall conduct an investigation of the violation alleged in the 
complaint. Within thirty days of the receipt of such complaint, the Sec-
retary shall complete such investigation and shall notify in writing the 
complainant (and any person acting in his behalf) and the person 
alleged to have committed such violation of the results of the investiga-
tion conducted pursuant to this subparagraph. Within ninety days of 
the receipt of such complaint the Secretary shall, unless the proceeding 
on the complaint is terminated by the Secretary on the basis of a 
settlement entered into by the Secretary' and the person alleged to 
have committed such violation, issue an order either providing the 
relief prescribed by subparagraph (B) or denying the complaint. 
An order of the Secretary shall be made on the record after notice 
and opportunity for public hearing. The Secretary may not enter 
into a settlement terminating a proceeding on a complaint without 
the participation and consent of the complainant. 
"(B) If, in response to a complaint filed under paragraph (1), the 
Secretary determines that a violation of subsection (a) has occurred, 
the Secretary shall order the person who committed such violation to 
(i) take afiirmative action to abate the violation, and (ii) reinstate the 
complainant to his former position together with the compensation 
(including back pay), terms, conditions, and privileges of his employ-
ment, and the Secretary may order such person to provide compensa-
tory damages to the complainant. If an order is issued under this 
paragraph, the Secretary, at the request of the complainant, shall 
assess against the person against whom the order is issued a sum 
equal to the aggregate amount of all costs and expenses (inchiding 
attorneys' and expert witness fees) reasonably incurred, as determined 
by the Secretary, by the complainant for, or in connection with, the 
bringing of the complaint upon which the order was issued. 
"(c)(1) Any person adversely affected or aggrieved by an order 
issued under subsection (b) may obtain review of the order in the 
United States court of appeals for the circuit in which the violation, 
with respect to which the order was issued, allegedly occurred. The 
petition for review must be filed within sixty days from the issuance 
of the Secretary's order. Review shall conform to chapter 7 of title 6 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 785 
of the United States Code. The commencement of proceedings under 
this subparagraph shall not, unless ordered by the court, operate as 
a stay of the Secretary's order. 
"(2) An order of the Secretary with respect to which review could 
have been obtained under paragraph (1) shall not be subject to judicial 
review in any criminal or other civil proceeding. 
"(d) Whenever a person has failed to comply with an order issued 
under subsection (b) (2), the Secretary may file a civil action in the 
United States district court for the district m which the violation was 
found to occur to enforce such order. In actions brought under this 
subsection, the district courts shall have jurisdiction to grant all 
appropriate relief including, but not limited to, injunctive relief, 
compensatory, and exemplary damages. 
"(e)(1) Any person on whose behalf an order was issued under 
paragraph (2) of subsection (b) may commence a civil action against 
the person to whom such order was issued to require compliance with 
such order. The appropriate United States district court shall have 
jurisdiction, without regard to the amount in controversy or the citi-
zenship of the parties, to enforce such order. 
" (2) The court, in issuing any final order under this subsection, may 
award costs of litigation (including reasonable attorney and expert 
witness fees) to any party whenever the court determines such award 
is appropriate. 
"(f) Any nondiscretionary duty imposed by this section shall be 
enforceable in a mandamus proceeding brought under section 1361 of 
title 28 of the United States Code. 
"(g) Subsection (a) shall not apply with respect to any employee 
who, acting without direction from his employer (or the employer's 
agent), deliberately causes a violation of any requirement of this Act.". 
5 use 701. 
Stay. 
Jurisdiction. 
Final order. 
Court costs. 
NATIONAL COMMISSION ON AIR QUALITY 
SEC. 313. Title III of the Clean Air Act is amended by adding the 
following new section at the end thereof: 
" N A T I O N A L COMMISSION ON AIR QUALITY 
"SEC. 323. (a) There is established a National Commission on Air 
Quality which shall study and report to the Congress on— 
"(1) available alternatives, including enforcement mechanisms 
to protect and enhance the quality of the Nation's air resources so 
as to promote the public health and welfare and to achieve the 
other purposes of the Act, including achievement and mainten-
ance of national ambient air quality standards and in accordance 
with subsection (b) (2) of this section the prevention of signifi-
cant deterioration of air quality; 
"(2) the economic, technology, and environmental consequences 
of achieving or not achieving the purposes of this Act and pro-
grams authorized by it; 
"(3) the technological capability of achieving and the economic, 
energy, and environmental and health effects of achieving or not 
achieving required emission control levels for mobile sources of 
oxides of nitrogen in relation to and independent of regulation 
of emissions ot oxides of nitrogen from stationary sourccvs; 
" (4) air pollutants not presently regulated, which pose or may 
in the future pose a threat to public health or public welfare and 
options available to regulate emissions of such pollutants; 
Establishment. 
42 u s e 7623. 
Study. 
Report to 
Congress. 
Contents. 
91 STAT. 786 
PUBLIC LAW 95-95—AUG. 7, 1977 
. ) - . . : ' ' ^ 
,: 
"(5) the adequacy of research, development, and demonstra-
tions being carried out by Federal, State, local, and nongovern-
mental entities to protect and enhance air quality; 
"(6) the ability of (including financial resources, manpower, 
and statutory authority) Federal, State, and local institutions to 
implement the purposes of the Act; 
"(7) the extent to which the reduction of hydrocarbon emis-
sions is an adequate or appropriate method to achieve primary 
standards for photochemical oxidants. Such study shall include— 
.,;.:,,, 
"(A) a description and analysis of the various pollutants 
which are commonly referred to as 'photochemical oxidants' 
or chemical precursers to photochemical oxidants; 
"(B) an analysis of any pollutants or combination of pol-
A-fhv; **„ 
lutants which need to be reduced to achieve any photochemi-
cal oxidant standard, and the amount of such reduction; 
\ 
"(C) the relationship between the reductions of hydrocar-
bons, oxides of nitrogen, and any other pollutants and the 
achievement of applicable standards for photochemical 
oxidants; 
-
M
f
e
i
A
' rt"! • 
"(I^) the degree to which background or natural sources 
, 
and long-range transportation of pollutants contribute to 
measured ambient levels of photochemical oxidants; 
' 
''(E) any other oxidant-related issues which the Commis-
sion determines to be appropriate; and 
"'(8) (A) the special problems of small businesses and govern-
ment agencies in obtaining reductions of emissions from existing 
sources in order to offset increases in emissions from new sources 
for the purposes of this Act; and 
"(B) alternative strategies for permitting, without impeding 
the achievement of national ambient air quality standards as 
expeditiously as possible, the construction of new facilities and 
the modification of existing facilities in air quality control regions 
exceeding the national ambient air quality standard for any pollu-
tant regulated under the Act. 
The Commission's study and report under paragraph (4) shall include 
analysis of the health effects of pollutants which are derivates of 
oxides of nitrogen. 
"(b)(1) Studies and investigations conducted pursuant to subsec-
tion (a) shall include the effects of existing or proposed national ambi-
ent air quality standards on employment, energy, and the economy 
(including State and local), their relationship to objective scientific 
and medical data collected to determine their validity at existing 
levels, as well as their other social and environmental effects. 
"(2) The Commission shall, in carrying out the study authorized 
under this section, give priority to a study of the implementation of 
Ante, p. 731. 
the provisions of part C of this Act (relating to prevention of sig-
nificant deterioration of air quality) and its effects on the States and 
the Federal Government. In carrymg out such study, the Commission 
shall study, among other questions, the following: 
"(A) whether the provisions relating to the designation of, 
and protection of air quality in class I areas under part C 
are appropriate to protect the air quality over lands of special 
national significance, including recommendations for, and methods 
to (i) add to or delete lands from such designation, and (ii) pro-
vide appropriate protection of the air quality over such lands; 
"(B) whether the provisions of part C, including the three-
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 787 
hour and twenty-four-hour increments, (i) affect the location and 
size of major emitting facilities, and (ii) whether such effects 
are in conflict or consonance with other national policies regarding 
the development of such facilities; 
"(C) whether the technology is available to control emissions 
from the major emitting facilities which are subject to regula-
tion under part C, including an analysis of the costs associated 
with that technology; 
"(D) whether the exclusion of nonmajor emitting sources from 
the regulatory framework under this Act will affect the pro-
tection of air quality in class I and class II regions designated 
under this Act; 
"(E) whether the increments of change of air quality under 
this Act are appropriate to prevent significant deterioration of 
air quality in class I and class II regions designated under part C 
of title I; 
"(F) whether the choice of predictive air quality models and 
the assumptions of those models are appropriate to protect air 
quality in the class I and class II regions designated under part 
C of title I for the pollutants subject to regulation under 
part C; and 
"(G) the effects of such provisions on employment, energy, 
the economy (including State and local), the relationship of such 
policy to the protection of the public health and welfare as well 
as other national priorities such as economic growth and national 
defense, and its other social and environmental effects. 
"(c) The Commission shall, as a part of any study conducted under 
subsection (b) (2) of this section, specifically identify any loss or 
irretrievable commitment of resources (taking into account feasi-
bility), including mineral, agricultural and water resources, as well as 
land surface-use resources. 
*'(d) Such Commission shall be composed of eleven members, 
including the chairman and the ranking minority member of the 
Senate Committee on Public Works and the House Committee on 
Interstate and Foreign Commerce (or delegates of such chairmen 
or member appointed by them from among representatives of such 
committees) and seven members of the public appointed by the 
President, by and with the advice and consent of the Senate. The 
chairman of the Commission shall be elected from among the members 
thereof. Not more than one-third of the members of the Commission 
may have any interest in any business or activity regulated under 
this Act. 
"(e) The heads of the departments, agencies, and instrumentalities 
of the executive branch of the Federal Government shall cooperate 
with the Commission in carrying out the requirements of this section, 
and shall furnish to the Commission such information as the Com-
mission deems necessary to carry out this section. 
"(f) A report, together with any appropriate recommendations, 
shall be submitted to the Congress on the results of the investigation 
and study concerning subsection (a) (3) of this section no later than 
March 1, 1978, and the results of the investigation and study concern-
ing subsection (b) (2) of this section no later than two years after the 
date of enactment of the Clean Air Act Amendments of 1977. A report, 
together with any appropriate recommendations, shall be submitted to 
the Congress on the I'esults of the investigation and study concerning 
paragraphs (3) and (8) of subsection (a) of this section no later than 
Ante, p. 731. 
Members, 
appointment and 
confirmation. 
Chairman. 
Executive 
branch, 
cooperation. 
Report, submittal 
to Congress. 
91 STAT. 788 
PUBLIC LAW 95-95—AUG. 7, 1977 
Study. 
Funds, 
availability. 
42 use 7521. 
Report. 
Compensation 
and travel 
expenses. 
5 use 5332 note. 
5 use 5703, 
5707. 
Hearings. 
42 use 7624. 
March 1, 1978, in order that Congress may have this information 
in a timely fashion if it deems further changes are needed in the 
rec[uirements for control of emissions of oxides of nitrogen under 
this Act, and for other purposes. The Administrator shall undertake 
to enter into appropriate arrangements with the National Academy 
of Sciences to conduct a study of the same matters required to be 
studied by the Commission under subsection (b) (2) and to submit 
such study to the Congress at the same time as required for the report 
of the Commission concerning such subsection. Funds shall be avail-
able in the same manner, and the Administrator shall have the same 
authorities and duties respecting such study, as provided in the case 
of the study authorized pursuant to section 202(c). 
"(g) A report shall be submitted with regard to all Commission 
studies and investigations other than those referred to in subsection 
(f), together with any appropriate recommendations, not later than 
three years after the date of enactment of this section. Upon sub-
mission of such report or upon expiration of such three-year period, 
whichever is sooner, the Commission shall cease to exist. The members 
of the Commission who are not officers or employees of the United 
States, while attending conferences or meetings of the Commission or 
while otherwise serving at the request of the Chairman shall be entitled 
to receive compensation at a rate not in excess of the maximum rate 
of pay for grade GS-18, as provided in the General Schedule under 
section 5332 of title V of the United States Code, including travel-
time and while away from their homes or regular places of business 
they may be allowed travel expenses, including per diem in lieu of 
subsistence as authorized by law (5 U.S.C. 73b-2) for persons in the 
Government service employed intermittently. 
"(j) In the conduct of the study, the Commission is authorized 
to contract with nongovernmental entities that are competent to per-
form research or investigations in areas within the Commission's man-
date, and to hold public hearings, forums, and workshops to enable 
full public participation. The Commission may contract with non-
profit technical and scientific organizations, including the National 
Academy of Sciences, for the purpose of developing necessary techni-
cal information for the study authorized by subsection (a) (7) of this 
section.". 
VAPOR RECOVERY 
, 
SEC. 314. (a) Title III of the Clean Air Act is amended by adding 
the following new section at the end thereof: 
"COST OF EMISSION CONTROL FOR CERTAIN VAPOR RECOVERY TO BE BORNE 
BY OWNER OF RETAIL OUTLET 
"SEC. 324. (a) The regulations under this Act applicable to vapor 
recovery with respect to mobile source fuels at retail outlets of such 
fuels shall provide that the cost of procurement and installation of 
such vapor recovery shall be borne by the owner of such outlet (as 
determined under such regulations). Except as provided in subsection 
(b), such regulations shall provide that no lease of a retail outlet by 
the owner thereof which is entered into or renewed after the date of 
enactment of the Clean Air Act Amendments of 1977 may provide for 
a payment by the lessee of the cost of procurement and installation 
of vapor recovery equipment. Such regulations shall also provide that 
the cost of procurement and installation of vapor recovery equipment 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 789 
may be recovered by the owner of such outlet by means of price 
. .-u - ^ 
increases in the cost of any product sold by such owner, notwithstand-
ing any provision of law. 
"(b) The regulations of the Administrator referred to in subsection Payment, 
(a) shall permit a lease of a retail outlet to provide for payment by 
the lessee of the cost of procurement and installation of vapor recov-
ery equipment over a reasonable period (as determined in accordance 
with such regulations), if the owner of such outlet does not sell, trade 
in, or otherwise dispense any product at wholesale or retail at such 
outlet". 
(b) Title III of such Act is amended by adding the followmg new 
section at the end thereof: 
"VAPOR RECOVERY FOR SMALL BUSINESS MARKETERS OP PETROLEUM 
f
,
< is'. }.* ; t> 
PRODUCTS 
"SEC. 325. (a) The regulations under this Act applicable to vapor 42 USC 7625. 
recovery from fueling of motor vehicles at retail outlets of gasoline 
shall not apply to any outlet owned by an independent small business 
; _
, 
, 
marketer of gasoline having monthly sales of less than 50,000 gallons. 
In the case of any other outlet owned by an independent small busi-
ness marketer, such regulations shall provide, with respect to inde- 
j
s
v
^
^ „ .,^\._ 
pendent small business marketers of gasoline, for a three-year 
phase-in period for the installation of such vapor recovery equipment 
at such outlets under which such marketers shall have— 
"(1) 33 percent of such outlets in compliance at the end of 
the first year during which such regulations apply to such mar-
keters, 
"(2) 66 percent at the end of such second year, and 
-« ; ^ ,.^ . 
"(3) 100 percent at the end of the third year. 
"(b) Nothing in subsection (a) shall be construed to prohibit any 
^^ ^ .„.,* 
State from adopting or enforcing, with respect to independent small 
business marketers of gasoline having monthly sales of less than 
50,000 gallons, any vapor recovery requirements for mobile source 
fuels at retail outlets. Any vapor recovery requirement which is 
adopted by a State and submitted to the Administrator as part of its 
M^^: .„ .^,^%^ 
implementation plan may be approved and enforced by the Adminis- 
* ' 
trator as part of the applicable implementation plan for that State. 
"(c) For purposes of this section, an independent small business Small business 
marketer of gasoline is a person engaged in the marketing of gasoline marketer, 
who would Jbe required to pay for procurement and installation of 
vapor recovery equipment under section 324 of this Act or under reg- ^^te, p. 788. 
ulations of the Administrator, unless such person— 
"(1) (A) is a refiner, or 
"(B) controls, is controlled by, or is under common control 
with, a refiner, 
"(C) is otherwise directly or indirectly affiliated (as deter- 
, 
, ^.v 
mined under the regulations of the Administrator) with a refiner 
' 
or with a person who controls, is controlled by, or is under a 
common control with a refiner (unless the sole affiliation referred 
to herein is by means of a supply contract or an agreement or 
contract to use a trademark, trade name, service mark, or other 
identifying symbol or name owned by such refiner or any such 
person), or 
"(2) receives less than 50 percent of his annual income from 
' 
^* 
refining or marketing of gasoline. 
91 STAT. 790 
PUBLIC LAW 95-95—AUG. 7, 1977 
Definitions. 
For the purpose of this section, the term 'refiner' shall not include 
any refiner whose total refinery capacity (including the refinery 
capacity of any person who controls, is controlled by, or is under 
tfi 
common control with, such refiner) does not exceed 65,000 barrels per 
day. For purposes of this section, 'control' of a corporation means 
ownership of more than 50 percent of its stock.". 
AUTHORIZATIONS 
42 use 7626. 
Ante, p. 749. 
Ante, p. 785. 
Ante, p. 725. 
Ante, p. 686. 
Anu, p. 726. 
Ante, pp. 686, 
687. 
42 use 7404. 
SEC. 315. Title III of the Clean Air Act is amended by adding the 
following new section at the end thereof: 
a 
APPROPRIATIONS 
SEC. 325. (a) There are authorized to be appropriated to carry out 
this Act (other than provisions for which amounts are authorized 
under subsection (b)), $200,000,000 for the fiscal year 1978 and for 
each of the three fiscal years beginning thereafter. 
"(b) (1) There are authorized to be appropriated to carry out sec-
tion 175 beginning in fiscal year 1978, $75,000,000 to be available until 
expended. 
"(2) There are authorized to be appropriated for use in carrying 
out section 323 (relating to National Commission on Air Quality), 
not to exceed $10,000,000 beginning in fiscal year 1978. For the study 
authorized under section 323 there shall be made available by contract 
to the National Commission on Air Quality from the appropriation 
to the Environmental Protection Agency for fiscal year 1977 the sum 
of $1,000,000. 
"(3) There are authorized to be appropriated to carry out section 
127 (relating to grants for public notification) $4,000,000 for the fiscal 
year 1978 and each of the three succeeding fiscal years. 
"(4) For purposes of section 103(b) (5), there are authorized to be 
appropriated $7,500,000 for the fiscal year 1978 and each of the three 
fiscal years beginning after the date of enactment of the Clean Air 
Act Amendments of 1977. 
"(5) For the purpose of carrying out the provisions of part B of 
title I relating to studies and reports, there are authorized to be 
appropriated— 
"(A) to the National Aeronautics and Space Administration, 
the National Science Foundation, and the Department of State, 
such sums as may be necessary for the fiscal year ending Sep-
tember 30, 1977, and the fiscal year ending September 30, 1978; 
"(B) to the Environmental "Protection Agency, $157,000,000 
for fiscal year 1978; and 
"(C) to all other agencies such sums as may be necessary. 
"(6) There are authorized to be appropriated for carrying out 
research, development and demonstration under sections 103 and 104 
of this Act $120,000,000 for fiscal year 1978.". 
TITLE IV—GENERAL AND MISCELLANEOUS 
PROVISIONS 
BASIS OF ADMINISTRATIVE STANDARDS 
42 use 7408. 
SEC. 401. (a) Section 108(a)(1)(A) of the Clean Air Act is 
amended to read as follows: 
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 791 
"(A) emissions of which, in his judgment, cause or contribute 
to air pollution which may reasonably be anticipated to endanger 
public health or welfare;". 
(b) The second sentence of section 111(b)(1)(A) of such Act is 
amended to read as follows: "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.". 
(c) Paragraph (1) of section 112(a) of such Act is amended to 
read as follows: 
"(1) The term 'hazardous air pollutant' means an air pollutant 
to which no ambient air quality standard is applicable and which 
in the judgment of the Administrator 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.". 
(d)(1) Section 202(a)(1) of such Act is amended to read as 
follows: 
"(a)(1) Except as otherwise provided in subsection (b) the 
Administrator shall by regulation prescribe (and from time to time 
revise) in accordance with the provisions of this section, standards 
applicable to the emission of any air pollutant from any class or 
classes of new motor vehicles or new motor vehicle engines, which 
in his judgment cause, or contribute to, air pollution which may rea-
sonably be anticipated to endanger public health or welfare. Such 
standards shall be applicable to such vehicles and engines for their 
useful life (as determined under subsection (d), relating to useful 
life of vehicles for purposes of certification), whether such vehicles 
and engines are designed as complete systems or incorporate devices 
to prevent or control such pollution.". 
(2) Section 202(e) of such Act is amended by striking out "which 
cause or contribute to, or are likely to cause or contribute to, air 
pollution which endangers" and substituting "which in his judgment 
cause, or contribute to, air pollution which may reasonably be antic-
ipated to endanger". 
(e) Section 211(c)(1)(A) of such Act is amended to read as 
follows: "(A) if in the judgment of the Administrator any emission 
product of such fuel or fuel additive causes, or contributes, to air 
pollution which may reasonably be anticipated to endanger the public 
health or welfare, or". 
(f) Section 281(a) (2) of such Act is amended to read as follows: 
"(2) The Administrator shall, from time to time, issue proposed 
emission standards applicable to the emission of any air pollutant 
from any class or classes of aircraft engfines which in his judgment 
causes, or contributes to, air pollution which may reasonably be antic-
ipated to endanger public health or welfare.". 
42 use 7411. 
"Hazardous air 
pollutant." 
42 use 7412. 
Regulations. 
42 use 7521. 
42 use 7545. 
42 use 7571. 
INTERAGENCY COOPERATION ON PREVENTION OF ENVIRONMENTAL CANCER 
AND HEART AND LUNG DISEASE 
SEC. 402. (a) Not later than three months after the date of enact-
ment of this section, there shall be established a Task Force on 
Environmental Cancer and Heart and Lung Disease (hereinafter 
referred to as the 'Task Force'). The Task Force shall include rep-
resentatives of the Environmental Protection Agency, the National 
Cancer Institute, the National Heart, Lung, and Blood Institute, the 
National Institute of Occupational Safety and Health, and the 
National Institute on Environmental Health Sciences, and shall be 
chaired by the Administrator (or his delegate). 
(b) The Task Force shall— 
Task Force on 
Environmental 
eancer and Heart 
and Lung 
Disease. 
Establishment. 
42 u s e 4362. 
Members. 
91 STAT. 792 
PUBLIC LAW 95-95—AUG. 7, 1977 
. i f •
• 
Report to 
Congress. 
(1) recoimiiend a comprehensive research program to deter-
mine and quantify the relationship between environmental pollu-
tion and human cancer and heart and lung disease; 
(2) recommend comprehensive strategies to reduce or eliminate 
the risks of cancer or such other diseases associated with environ-
mental pollution; 
(3) recommend research and such other measures as may be 
appropriate to prevent or reduce the incidence of environmentally 
related cancer and heart and lung diseases; 
(4) coordinate research by, and stimulate cooperation between, 
the Environmental Protection Agency, the Department of Health, 
Education, and Welfare, and such other agencies as may be appro-
f
)riate to prevent environmentally related cancer and heart and 
ung diseases; and 
(5) report to Congress, not later than one year after the date 
of enactment of this section and annually thereafter, on the prob-
lems and progress in carrying out this section. 
Report to 
Congress. 
42 use 7548 
note. 
Report to 
Congress. 
42 use 74«1 
note. 
Evaluation. 
42 use 7401 
note. 
Chemical 
contaminants list, 
publication. 
42 u s e 7401 
note. 
Explanation, 
publication. 
STUDIES 
. „ -
SEC. 403. (a) Not later than eighteen months after the date of the 
enactment of this Act, the Administrator of the Environmental 
Protection Agency, in cooperation with the National Academy of 
Sciences, shall study and report to Congress on (1) the relationship 
between the size, weight, and chemical composition of suspended 
particulate matter and the nature and degree of the endangerment 
to public health or welfare presented by such particulate matter 
(especially with respect to fine particulate matter) and (2) the avail-
abi ity of technology for controlling such particulate matter. 
(b) The Administrator of the Environmental Protection Agency 
shall conduct a study and report to the Congress not later than Jan-
uary 1, 1979, on the effects on public health and welfare of odors or 
odorous emissions, the sources of such emissions, the technology or 
other measures available for control of such emissions and the costs of 
such technology or measures, and the costs and benefits of alternative 
measures or strategies to abate such emissions. Such report shall 
include an evaluation of whether air quality criteria or national ambi-
ent air quality standards should be published under the Clean Air 
Act for odors, and what other strategies or authorities under the Clean 
Air Act are available or appropriate for abating such emissions. 
(c) (1) Not later than twelve months after the date of enactment 
of this Act the Administrator of the Environmental Protection Agency 
.shall publish throughout the United States a list of all known chemi-
cal contaminants resulting from environmental pollution which have 
been found in human tissue including blood, urine, breast milk, and 
all other human tissue. Such list shall be prepared for the United 
States and shall indicate the approximate number of cases, the range 
of levels foimd, and the mean levels found. 
(2) Not later than eighteen months after the date of enactment of 
this Act the Administrator shall publish in the same manner an 
explanation of what is known about the manner in which the chemicals 
described in paragraph (1) entered the environment and thereafter 
human tissue. 
(3) The Administrator, in consultation with National Institutes 
of Health, the National Center for Health Statistics, and the National 
Center for Health Services Research and Development, shall, if 
feasible, conduct an epidemiological study to demonstrate the rela-
PUBLIC LAW 95-0.'^—AUG. 7, 1977 
91 STAT. 793 
tionship between levels of chemicals in the environment and in human 
tissue. Such study shall be made in appropriate regions or areas of 
the United States in order to determine any different results in such 
regions or areas. The results of such study shall, as soon as practicable, 
be reported to the appropriate committee of the Congress. 
(d) The Administrator of the Environmental Protection Agency 
shall conduct a study of air quality in various areas throughout the 
country including the gulf coast region. Such study shall include 
analysis of liquid and solid aerosols and other fine particulate matter 
and the contribution of such substances to visibility and public health 
problems in such areas. For the purposes of this study, the Adminis-
trator shall use environmental health experts from the National Insti-
tutes of Health and other outside agencies and organizations. 
(e) (1) The Secretary of Labor, in consultation with the Admin-
istrator, shall conduct a study of potential dislocation of employees 
due to implementation of laws administered by the Administrator. 
Such study shall estimate the number of employees so affected, identify 
existing sources of assistance available to such employees, assess the 
adequacy of such assistance, and recommend additional adjustment 
measures, if justified. 
(2) The Secretary shall submit to Congress the results of the study 
conducted under paragraph (1) not more than one year after the 
date of enactment of this section. 
(f) The Administrator of the Environmental Protection Agency 
shall undertake to enter into appropriate arrangements with the 
National Academy of Sciences to conduct continuing comprehensive 
studies and investigations of the effects on public health and wel-
fare of emissions subject to section 202(a) of the Clean Air Act 
(including sulfur compounds) and the technological feasibility of 
meeting emission standards required to be prescribed by the Admin-
istrator by section 202(b) of such Act. The Administrator shall report 
to the Congress within six months of the date of enactment of this 
section and each year thereafter regarding the status of the contrac-
tual arrangements and conditions necessary to implement this 
paragraph. 
(g) The Administrator of the Environmental Protection Agency 
shall conduct a study and report to Congress by the date one year 
after the date of the enactment of this section, on the emission of 
sulfur-bearing compounds from motor vehicles and motor vehicle 
engines and aircraft engines. Such study and report shall include but 
rfot be limited to a review of the effects of such emissions on public 
health and welfare and an analysis of the costs and benefits of alterna-
tives to reduce or eliminate such emissions (including desulfurization 
of fuel, short-term allocation of low sulfur crude oil, technological 
devices used in conjunction with current engine technologies, alterna-
tive engine technologies, and other methods) as may be required to 
achieve any proposed or promulgated emission standards for sulfur 
compounds. 
RAILROAD EMISSION STUDY 
SEC. 404. (a) The Administrator of the Environmental Protection 
Agency shall conduct a study and investigation of emissions of air 
pollutants from railroad locomotives, locomotive engines, and second-
ary power sources on railroad rolling stock, in order to determine— 
(1) the extent to which such emissions affect air quality in air 
quality control regions throughout the United States, 
Report to 
congressional 
committee. 
42 use 7401 
note. 
42 use 7621 
note. 
Study results, 
submittal to 
eongress. 
42 use 7521 
note. 
Ante, pp. 759, 
760, 765, 791. 
Report to 
Congress. 
Report to 
Congress. 
42 u s e 7521 
note. 
42 u s e 7401 
note. 
91 STAT. 794 
PUBLIC LAW 95-95—AUG. 7, 1977 
(2) the technological feasibility and the current state of tech-
• 
nology for controlling such emissions, and 
(3) the status and effect of current and proposed State and 
local regulations affecting such emissions. 
Report to 
(b) Within one hundred and eighty days after commencing such 
congressional 
study and investigation, the Administrator shall submit a report of 
committees. 
g^gj^ study and investigation, together with recommendations for 
appropriate legislation, to the Senate Committee on Environment and 
Public Works and the House Committee on Interstate and Foreign 
Commerce. 
STUDY AND REPORT CONCERNING ECONOMIC APPROACHES TO CONTROLLING 
AIR POLLUTION 
42 use 7401 
SEC. 405. (a) The Administrator, in conjunction with the Council 
^°^' 
of Economic Advisors (hereinafter in this section referred to as 'the 
Council'), shall undertake a study and assessment of economic meas-
ures for the control of air pollution which could— 
(1) strengthen the effectiveness of existing methods of con-
trolling air pollution, 
(2) provide incentives to abate air pollution to a greater degree 
42 use 7401 
than is required by existing provisions of the Clean Air Act (and 
°o*^- 
regul ations thereunder), and 
(3) serve as the primary incentive for controlling air pollution 
problems not addressed by any provision of the Clean Air Act 
(or any regulation thereunder). 
(b) The study of measures referred to in paragraph (1) of sub-
section (a) shall concentrate on (1) identification of air pollution 
.5 
problems for which existing methods of control are not effective 
because of economic incentives to delay compliance and (2) formula-
,
« 
tion of economic measures which could be taken with respect to each 
such air pollution problem which would provide an incentive to 
comply without interfering with such existing methods of control. 
(c) The study of measures referred to in paragraph (2) of subsec-
1 
tion (a) shall concentrate on (1) identification of air pollution prob-
lems for which existing methods of control may not be sufficiently 
extensive to achieve all desired environmental goals and (2) formula-
t 
tion of economic measures for each such air pollution problem which 
would provide additional incentives to reduce air pollution without— 
(A) interfering with the effectiveness of existing methods of 
control, or 
(B) creating problems similar to those which prevent alterna-
, 
tive regulatory methods from being used to reach such environ-
mental goals. 
(d) The study of the measures referred to in paragraph (3) of sub-
section (a) shall concentrate on (1) identification of air pollution 
problems for which no existing methods of control exist, (2) formula-
tion of economic measures to reduce such pollution, and (3) compari-
son of the environmental and economic impacts of the economic 
measures with those of any alternative regulatory methods which can 
fOv^Ty- 
be identified. 
(e) In conducting the study under this section, a preliminary 
screening should be made of the problems referred to in subsections 
(b)(1), (c)(1), and (d)(1) and economic measures should be for-
mulated under subsections (b)(2), (c)(2), and (d)(2) in the most 
promising cases, giving special attention to structural and administra-
PUBLIC LAW 95-95—AUG. 7, 1977 
91 STAT. 795 
tive problems. In formulating any such measure which provides for 
a charge, the appropriate level of the charge should be determined, 
if possible, and the environmental and economic impacts should be 
identified. 
(f) Within one year after the date of enactment of this Act, the 
Administrator shall complete a study and report to the Congress on 
the advantages and disadvantages (including an analysis of the fea-
sibility) of establishing a system of penalties for stationary sources 
on emissions of oxides of nitrogen and make recommendation regard-
ing the establishment of such a system. Such study shall determine if 
such a system will effectively encourage the development of more 
effective systems and technologies for control of emissions of oxides 
of nitrogen for new major emitting facilities, or existing major 
emitting facilities, or both. In any case in which a proposed penalty 
system is recommended by the Administrator, the report should 
include— 
(1) a recommendation respecting the appropriate period dur-
ing which such system of penalties should apply, and the appro-
priate termination date or dates for such system, if any, taking 
mto account— 
(A) the time at which adequate technology may reason-
ably be anticipated to be available to control oxides of nitro-
gen for that category of facilities, 
CB) the degree to which such technology can be expected 
to be used on such facilities, and 
(C) tlie Administrator's authorities to require the use of 
such technology, and 
(2) recommendations respecting the compilation of records by 
facilities subject to such penalties for purposes of determining the 
applicability and amount of such penalty. 
(g) Not later than two years after the date of the enactment of this 
section, the Administrator and the Council shall conclude the study 
and assessment under this section and submit a report containing the 
results thereof to the President and to the Congress. Interim reports 
on specific pollution problems and solutions recommended shall be 
made available to the President and the Congress by the Administrator 
whenever available. 
Report to 
Congress. 
Report to 
President and 
Congress. 
Interim reports to 
President and 
Congress. 
SAVING PROVISION; KFFI'^CnVE DATES 
42 use 7401 
note. 
SEC. 406. (a) No suit, action, or other proceeding lawfully com-
menced 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 the Clean Air Act, as in effect 42 USC 7401 
immediately prior to the date of enactment of this Act shall abate by "o^e. 
reason of the taking effect of the amendments made by this Act. The 
court may, on its own motion or that of any party made at any time 
within twelve months after such taking effect, allow the same to be 
maintained by or against the Administrator or such officer or 
employee. 
(b) All rules, regulations, orders, determinations, contracts, certi-
fications, authorizations, delegations, or other actions duly issued, 
made, or taken by or pursuant to the Clean Air Act as in effect immedi-
ately prior to the date of enactment of this Act, and pertaining to any 
functions, powers, requirements, and duties under the Clean Air Act, 
as in effect immediately prior to the date of enactment of this Act, and 
91 STAT. 796 
PUBLIC LAW 95-95—AUG. 7, 1977 
42 u s e 7401 
note. 
Ante, pp. 
691-696. 
Effective date. 
Plan revision. 
not suspended by the Administrator or the courts, shall continue in 
full force and effect after the date of enactment of this Act until 
modified or rescinded in accordance with the Clean Air Act as amended 
by this Act. 
(c) Nothing in this Act nor any action taken pursuant to this Act 
shall in any way affect any requirement of an approved implementa-
tion plan in effect under section 110 of this Act or any other provision 
of the Act in effect under the Clean Air Act before the date of enact-
ment of this section until modified or rescinded in accordance with 
the Clean Air Act as amended by this Act. 
(d) (1) Except as otherwise expressly provided, the amendments 
made by this Act shall be effective on date of enactment. 
(2) Except as otherwise expressly provided, each State required to 
revise its applicable implementation plan by reason of any amendment 
made by this Act shall adopt and suhmit to the Administrator of the 
Environmental Protection Administration such plan revision before 
the later of the date— 
(A^ one year after the date of enactment of this Act, or 
(B) nine months after the date of promulgation by the Admin-
istrator of the Environmental Protection Administration of any 
regulations under an amendment made by this Act which are 
necessary for the approval of such plan revision. 
•"(.'. 
' 
I Approved August 7, 1977. 
'.H 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-294 (Comm. on Interstate and Foreign Commerce) and No. 
95-564 (Comm. of Conference). 
SENATE REPORT No. 95-127 accompanying S. 252 (Comm. on Environment and 
Public Works). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
May 24-26, considered and passed House. 
*'•' 
' 
' 
June 8, 10, considered and passed Senate, amended. 
Aug. 4, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 33: 
r 
Aug. 8, Presidential statement.