PUBLIC LAW 95-95—AUG. 7, 1977
91 STAT. 713
or standard for sulfur oxides which is necessary and intended to be itself sufficient to enable attainment and maintenance of national primary and secondary ambient air quality standards for sulfur oxides; and "(3) such smelter is unable to comply with such requirement by the applicable date for compliance because no means of emission limitation applicable to such smelter which will enable it to achieve compliance with such requirement has been adequately demonstrated to be reasonably available (as determined by the Administrator, taking into account the cost of compliance, nonair quality health and environmental impact, and energy consideration). "(c)(1) A second order issued to a smelter under this section shall Orders. set forth compliance schedules containing increments of progress which require compliance with the requirement postponed as expeditiously as practicable. The increments of progress shall be limited to requiring compliance with subsection (d) and, in the case of a second order, to procuring, installing, and operating the necessary means of emission limitation as expeditiously as practicable after the Administrator determines such means have been adequately demonstrated to be reasonably available within the meaning of subsection (b)(3). "(2) Not in excess of two primary nonferrous smelter orders may be issued under this section to any primary nonferrous smelter. The first such order issued to a smelter shall not result in the postponement of the requirement with respect to which such order is issued beyond January 1, 1983. The second such order shall not result in the postponement of such requirement beyond January 1, 1988. "(d)(1)(A) Each primary nonferrous smelter to which an order Interim is issued under this section shall be required to use such interim meas- measures. ures for the period during which such order is in effect as may be necessary in the judgment of the Administrator to assure attainment and maintenance of the national f)rimary and secondary ambient air quality standards during such period, taking into account the aggregate effect on air quality of such order together with all variances, extensions, waivers, enforcement orders, delayed compliance orders and primary nonferrous smelter orders previously issued under this Act. "(B) Such interim requirements shall include— "(i) a requirement that the source to which the order applies comply with such reporting requirements and conduct such monitoring as the Administrator determines may be necessary, and "(ii) such measures as the Administrator determines are necessary to avoid an imminent and substantial endangerment to health of persons. "(C) Such interim measures shall also, except as provided in paragraph (2), include continuous emission reduction technology. The Agreement. Administrator shall condition the use of any such interim measures upon the agreement of the owner or operator of the smelter— " (i) to comply with such conditions as the Administrator determines are necessary to maximize the reliability and enforceability of such interim measures, as applied to the smelter, in attaining and maintaining the national ambient air quality standards to which the order relates, and "(ii) to commit reasonable resources to research and development of appropriate emission control technology. "(2) The requirement of paragraph (1) for the use of continuous Waiver. Notice and hearing.
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