PUBLIC LAW 95-95—AUG. 7, 1977 " (5) attempts to construct or modify a major stationary source in any area with respect to which a finding under subsection (a) (5) has been made.", (d)(1) Section 113(c)(1)(B) of such Act is amended to read as follows: "(B) violates or fails or refuses to comply with any order under section 119 or under subsection (a) or (d) of this section, or"; (2) Section 113(c)(1) of such Act is amended by striking out "or" at the end of subparagraph (B), by striking out "section 112(c), or section 119(g)" and inserting in lieu thereof: "section 112(c), or " (D) violates any requirement of section 119(g) (as in effect before the date of the enactment of this Act) subsection (b)(7) or (d)(5) of section 120 (relating to noncompliance penalties) or any requirement of part B (relating to ozone)". (3) Section 113(c) of such Act is amended by adding the following new paragraph at the end thereof: "(3) For the purpose of this subsection, the term 'person' includes, in addition to the entities referred to in section 302(e), any responsible corporate officer.".
91 STAT. 705
Penalties. 42 USC 7413. Post, pp. 709, 712. Supra.
Post, p. 714. Post, p. 726. "Person." Supra. Post, p. 770.
COMPLIANCE ORDERS (INCLUDING COAL CONVERSION)
SEC. 112. (a) Section 113 of the Clean Air Act is amended by adding the following new subsection: "(d)(1) A State (or, after thirty days notice to the State, the Administrator) may issue an order for any stationary source which specifies a date for final compliance with any requirement of an applicable implementation plan later than the date for attainment of any national ambient air quality standard specified in such plan if— "(A) such order is issued after notice to the public (and, as appropriate, to the Administrator) containing the content of the proposed order and opportunity for public hearing; "(B) the order contains a schedule and timetable for compliance; "(C) the order requires compliance with applicable interim requirements as provided in paragraph (5)(B) (relating to sources converting to coal), and paragraph (6) and (7) (relating to all sources receiving such orders) and requires the emission monitoring and reporting by the source authorized to be required under sections 110(a)(2)(F) and 114(a)(1); "(D) the order provides for final compliance with the requirement of the applicable implementation plan as expeditiously as practicable, but (except as provided in paragrah (4) or (5)) in no event later than July 1, 1979, or three years after the date for final compliance with such requirement specified in such plan, whichever is later; and " (E) in the case of a major stationary source, the order notifies the source that it will be required to pay a noncompliance penalty under section 120 or by such later date as is set forth in the order in accordance with section 120 in the event such source fails to achieve final compliance by July 1, 1979. " (2) In the case of any major stationary source, no such order issued by the State shall take effect until the Administrator determines that such order has been issued in accordance with the requirements of this Act. In the case of any source other than a major stationary source, such order issued by the State shall cease to be effective upon a deter-
Ante, p. 704.
Public notice and hearing,
Ante, p. 693. Post, p. 776
Noncompliance penalty,
�
