1 So in original. Probably should be “subsection”.
(a)(4) that the Administrator, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable for new or existing units in each category. The Administrator may distinguish among classes, types (including mass-burn, refuse-derived fuel, modular and other types of units), and sizes of units within a category in establishing such standards. The degree of reduction in emissions that is deemed achievable for new units in a category shall not be less stringent than the emissions control that is achieved in practice by the best controlled similar unit, as determined by the Administrator. Emissions standards for existing units in a category may be less stringent than standards for new units in the same category but shall not be less stringent than the average emissions limitation achieved by the best performing 12 percent of units in the category (excluding units which first met lowest achievable emissions rates 18 months before the date such standards are proposed or 30 months before the date such standards are promulgated, whichever is later).2 So in original. Probably should be subsection “(h)(3)”.
(residual risk).3 So in original. Probably should be “the”.
preceding sentence only—Editorial Notes
References in Text
Section 306 of the Clean Air Act Amendments of 1990, referred to in subsec. (g), probably means section 306 of Puspan. L. 101–549, which is set out as a note under section 6921 of this title.
The Solid Waste Disposal Act, referred to in subsec. (g)(6), is title II of Puspan. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Puspan. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.
Statutory Notes and Related Subsidiaries
Review of Acid Gas Scrubbing Requirements
Puspan. L. 101–549, title III, § 305(c), Nov. 15, 1990, 104 Stat. 2583, provided that:
“Prior to the promulgation of any performance standard for solid waste incineration units combusting municipal waste under section 111 or section 129 of the Clean Air Act [42 U.S.C. 7411, 7429], the Administrator shall review the availability of acid gas scrubbers as a pollution control technology for small new units and for existing units (as defined in 54 Federal Register 52190 (December 20, 1989)[)], taking into account the provisions of subsection (a)(2) of section 129 of the Clean Air Act.”