91 STAT. 712
PUBLIC LAW 95-95—AUG. 7, 1977 PRIMARY NONFERROUS SMELTER ORDERS
42 USC 7401.
SEC. 117. (a) Title I of the Clean Air Act is amended by inserting immediately before section 101 the following: "PART A — A I R QUALITY AND E M I S S I O N L I M I T A T I O N S ".
(b) Part A of title I of the Clean Air Act is amended by adding the following new section at the end thereof: "PRIMARY NONFERROUS SMELTER ORDERS Ante, p. 709. 42 USC 7419.
Hearing.
Ante, p. 705. Statement.
Findings.
"SEC. 119. (a)(1) Upon application by the owner or operator of a primary nonferrous smelter, a primary nonferrous smelter order under subsection (b) may be issued— "(A) by the Administrator, after thirty days' notice to the State, or "(B) by the State in which such source is located, but 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. Not later than ninety days after submission by the State to the Administrator of notice of the issuance of a primary nonferrous smelter order under this section, the Administrator shall determine whether or not such order has been issued by the State in accordance with the requirements of this Act. If the Administrator determines that such order has not been issued in accordance with such requirements, he shall conduct a hearing respecting the reasonably available control technology for primary nonferrous smelters. " (2)(A) An order issued under this section to a primary nonferrous smelter shall be referred to as a 'primary nonferrous smelter order'. No primary nonferrous smelter may receive both an enforcement order under section 113(d) and a primary nonferrous smelter order under this section. "(B) Before any hearing conducted under this section, in the case of an application made by the owner or operator of a primary nonferrous smelter for a second order under this section, the applicant shall furnish the Administrator (or the State as the case may be) with a statement of the grounds on which such application is based (including all supporting documents and information). The statement of the grounds for the proposed order shall be provided by the Administrator or the State in any case in which such State or Administrator is acting on its own initiative. Such statement (including such documents and information) shall be made available to the public for a thirty-day period before such hearing and shall be considered as part of such hearing. No primary nonferrous smelter order may be granted unless the applicant establishes that he meets the conditions required for the issuance of such order (or the Administrator or State establishes the meeting of such conditions when acting on their own initiative). "(C) Any decision with respect to the issuance of a primary nonferrous smelter order shall be accompanied by a concise statement of the findings and of the basis of such findings. " (b) A primary nonferrous smelter order under this section may be issued to a primary nonferrous smelter if— "(1) such smelter is in existence on the date of the enactment of this section; "(2) the requirement of the applicable implementation plan with respect to which the order is issued is an emission limitation
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