1684 go^es,°pubura. tion, '
PUBLIC LAW 91-604-DEC. 31, 1970
[84 STAT.
" (b)(1)(A) The Administrator shall, within 90 days after the date of enactment of the Clean Air Amendments of 1970, publish (and from time to time thereafter shall revise) a list of categories of stationary sources. He shall include a category of sources in such list if he determines it may contribute significantly to air pollution which causes or contributes to the endangerment of public health or welfare. " (B) Within 120 days after the inclusion of a category of stationary sources in a list under subparagraph (A), the Administrator shall propose regulations, establishing Federal standards of performance for new sources within such category. The Administrator shall afford interested persons an opportunity for written comment on such proposed regulations. After considering such comments, he shall promulgate, within 90 days after such publication, such standards with such modifications as he deems appropriate. The Administrator may, from time to time, revise such standards following the procedure required by this subsection for promulgation of such standards. Standards of performance or revisions thereof shall become effective upon promulgation. "(2) The Administrator may distinguish among classes, types, and sizes within categories of new sources for the purpose of establishing such standards. "(3) The Administrator shall, from time to time, issue information on pollution control techniques for categories of new sources and air pollutants subject to the provisions of this section. "(4) The provisions of this section shall apply to any new source owned or operated by the United States. "(c)(1) Each State may develop and submit to the Administrator a procedure for implementing and enforcing standards of performance for new sources located in such State. If the Administrator finds the State procedure is adequate, he shall delegate to such State any authority he has under this Act to implement and enforce such standards (except with respect to new sources owned or operated by the United States). "(2) Nothing in this subsection shall prohibit the Administrator from enforcing any applicable standard of performance under this section. " (d)(1) The Administrator shall prescribe regulations which shall Ante, p. 1680. establisli a procedure similar to that provided by section 110 under which each State shall submit to the Administrator a plan which (A) establishes emission standards for any existing source for any air pollutant (i) for which air quality criteria have not been issued or which is not included on a list published under section 108(a) or 112 ptst^'^liis^' (^).(1) (•^) ^^^ (^^) ^^ which a standard of performance under subsection (b) would apply if such existing source were a new source, and (B) provides for the implementation and enforcement of such emission standards. "(2) The Administrator shall have the same authority— " (A) to prescribe a plan for a State in cases where the State fails to submit a satisfactory plan as he would have under section 110(c) in the case of failure to submit an implementation plan, and " (B) to enforce the provisions of such plan in cases where the State fails to enforce them as he would have under sections 113 Post, p. 1686. and 114 with respect to an implementation plan. "(e) After the effective date of standards of performance promulgated under this section, it shall be unlawful for any owner or operator of any new source to operate such source in violation of any standard of performance applicable to such source.
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