91 STAT. 702
Ante, p. 700; Post, p. 791. Tests.
Waiver terms and conditions.
Post, pp. 704, 705.
Termination date.
Requirements extension.
PUBLIC LAW 95-95—AUG. 7, 1977 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 emissions 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 performance 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 consultation 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
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