Page:United States Statutes at Large Volume 91.djvu/754

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PUBLIC LAW 95-000—MMMM. DD, 1977

91 STAT. 720

Regulations; notice and hearing.

Petition for judicial review.

PUBLIC LAW 9 5 - 9 5 — A U G. 7, 1977 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 A i r 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 promulgated after notice and opportunity for public hearing and not later than 6 months after the date of enactment of the Clean A i r Act Amendments of 1977. Only a general purpose unit of local government, 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 A i r Act is amended by adding at the end thereof the following new section: LISTING OF CERTAIN UNREGULATED POLLUTANTS

Review; notice and hearing. 42 USC 7422.

" 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 emissions of radioactive pollutants (including source material, special nuclear material, and byproduct m a t e r i a l), cadmium, arsenic and polycyclic organic matter into the ambient air will cause, or contribute 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 simultaneously with such determination include such substance in the list published under section 108(a)(1) or 112(b)(1)(A) (in the case of Post, p. 790. 42 USC 7412. a substance 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), 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 comPost, p. 791. bination of such actions. Revision " (b) Nothing in subsection (a) shall be construed to affect the authority. authority of the Administrator to revise any list referred to in subsection (a) with respect to any substance (whether or not enumerated in subsection (a)). Consultation with " ( c W l) Before listing any source material, special nuclear, or NRC. byproduct material (or component or derivative thereof) as provided in subsection (a), the Administrator shall consult with the Nuclear Kegulatory Commission. Interagency " (2) Not later than six months after listing any such material (or agreement. 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 jurisdiction of the Commission. This agreement shall, to the maximum extent practicable consistent with this Act, minimize duplication of effort