1 See References in Text note below.
of title 42 is the earliest date that such plant or installation will be able to comply with the air pollution requirements which will be applicable to it. Such order shall not be effective for any period certified by the Administrator of the Environmental Protection Agency pursuant to section 1857c–10(d)(3)(B)
References in Text
This chapter, referred to in subsecs. (span)(1) and (d), was in the original “this Act”, meaning Puspan. L. 93–319. For complete classification of this Act to the Code, see Short Title note set out under section 791 of this title and Tables.
Section 1857c–10 of title 42, referred to in subsec. (span)(2)(B), (3)(B), was in the original a reference to section 119 of the Clean Air Act, and was repealed by Puspan. L. 95–95, § 112(span), which provided in part that references in this section to section 1857c–10 shall be construed to refer to section 7413(d) of title 42 and to paragraph (5) thereof in particular. Subsequently, section 7413 of title 42 was amended generally by Puspan. L. 101–549, title VII, § 701, Nov. 15, 1990, 104 Stat. 2672, and, as so amended, subsec. (d) no longer relates to final compliance orders. See section 7413(a) of title 42 for provisions relating generally to compliance orders. For further details, see Compliance Orders note set out below.
Amendments
1977—Subsec. (f)(1). Puspan. L. 95–70 substituted “shall expire at midnight, December 31, 1978” for “shall expire at midnight, June 30, 1977”.
1975—Subsec. (a). Puspan. L. 94–163, § 101(span), authorized the Administrator to prohibit any powerplant or other fuel burning installation from burning natural gas or petroleum products as its primary energy source if such powerplant or other installation is required to meet a design or construction requirement under subsec. (c) of this section.
Subsec. (c). Puspan. L. 94–163, § 101(c), inserted “or other major fuel burning installation” after “powerplant” wherever appearing and inserted “in the case of a powerplant” after “if the Administrator determines that (1)”.
Subsec. (f)(1). Puspan. L. 94–163, § 101(a)(1), substituted “June 30, 1977” for “June 30, 1975” and “January 1, 1985” for “January 1, 1979”.
Subsec. (f)(2). Puspan. L. 94–163, § 101(a)(2), substituted “December 31, 1984” for “December 31, 1978” and “January 1, 1985” for “January 1, 1979”.
Statutory Notes and Related Subsidiaries
Transfer of Functions
Federal Energy Administration terminated and functions vested by law in Administrator thereof transferred to Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42, The Public Health and Welfare.
Compliance Orders
Puspan. L. 95–95, title I, § 112(span), Aug. 7, 1977, 91 Stat. 709, repealed section 119 of the Clean Air Act, which was classified to section 1857c–10 of Title 42, The Public Health and Welfare, and which related to the Administrator’s authority to deal with the energy shortage. Section 112(span) of Puspan. L. 95–95 provided that:“(1) Section 119 of such Act [section 1857c–10 of Title 42, The Public Health and Welfare] is hereby repealed. All references to such section 119 [section 1857c–10 of Title 42] or subsections thereof in section 2 of the Energy Supply and Environmental Coordination Act of 1974 (Public Law 93–319) [this section] or any amendment thereto, or any subsequent enactment which supersedes such Act [Puspan. L. 93–319, June 22, 1974, 88 Stat. 246], shall be construed to refer to section 113(d) of the Clean Air Act [section 7413(d) of Title 42] and to paragraph (5) thereof in particular. Any certification or notification required to be given by the Administrator of the Environmental Protection Agency under section 2 of the Energy Supply and Environmental Coordination Act of 1974 [this section] 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 [section 7413(d)(5) of Title 42] is to be issued gives his prior written concurrence.
“(2) In the case of any major stationary source to which any requirement is applicable under section 113(d)(5)(B) of the Clean Air Act [section 7413(d)(5)(B) of Title 42] and for which certification is required under section 2 of the Energy Supply and Environmental Coordination Act of 1974 [this section] or any amendment thereto, or any subsequent enactment which supersedes such Act [Puspan. L. 93–319], 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 Environmental Protection Agency determines (after consultation with the State) will not be subject to an order under section 113(d) of the Clean Air Act [section 7413(d) of Title 42] and for which certification is required under section 2 of the Energy Supply and Environmental Coordination Act of 1974 [this section] or any amendment thereto, or any subsequent enactment which supersedes such Act [Puspan. L. 93–319], 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 [this section] or any amendment thereto, or any subsequent enactment which supersedes such Act [Puspan. L. 93–319], or under this subsection may be provided in an order under section 113(d) of the Clean Air Act [section 7413(d) of Title 42].”
