PUBLIC LAW 95-95—AUG. 7, 1977
91 STAT. 700
"(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 subsection (b) applies, a standard— "(i) establishing allowable emission limitations for such category of sources, and "(ii) requiring the achievement of a percentage reduction 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 combustion, "(B) with respect to any air pollutant emitted from a category 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 particular 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 reduction achievable through the application of the best system of continuous emission reduction which (taking into consideration the cost of achieving such emission reduction, and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated for that category of sources. For the purpose of subparagraphs (A)(i) and (ii) and (B), a standard 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 requirements) the Administrator determines has been adequately demonstrated. 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 nonpolluting, 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 cleaning 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 AdminVJ;::.
Infra.
Ante, p. 699.
"Technological system of continuous emission reduction." Post, p. 703. 42 USC 7411.
Standards for new sources, revision.
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