PUBLIC LAW 95-95—AUG. 7, 1977 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 striking 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 striking 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 technological 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 environmental impact, "(iii) the owner or operator of the proposed source has demonstrated to the satisfaction of the Administrator that the proposed 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 requirements 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
91 STAT. 701
Revised standards, enactment date. Ante, p. 699.
42 USC 7411. 42 USC 7412. 42 USC 7414. Permit conditions. Ante, p. 697.
- %4 Z^*^^
Waiver.
Notice and hearing.
�
