42 U.S.C. § 7411 — Standards of performance for new sta-

Page 7195 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7411 1 See References in Text note below. strued as repealing or modifying the powers of the Ad- ministrator with respect to any conference convened under section 108(d) of the Clean Air Act [section 7415 of this title] before the date of enactment of this Act [Dec. 31, 1970]. ‘‘(b) Regulations or standards issued under this title II of the Clean Air Act [subchapter II of this chapter] prior to the enactment of this Act [Dec. 31, 1970] shall continue in effect until revised by the Administrator consistent with the purposes of such Act [this chap- ter].’’ FEDERAL ENERGY ADMINISTRATOR ‘‘Federal Energy Administrator’’, for purposes of this chapter, to mean Administrator of Federal Energy Ad- ministration established by Pub. L. 93–275, May 7, 1974, 88 Stat. 97, which is classified to section 761 et seq. of Title 15, Commerce and Trade, but with the term to mean any officer of the United States designated as such by the President until Federal Energy Adminis- trator takes office and after Federal Energy Adminis- tration ceases to exist, see section 798 of Title 15, Com- merce and Trade. Federal Energy Administration terminated and func- tions vested by law in Administrator thereof trans- ferred to Secretary of Energy (unless otherwise specifi- cally provided) by sections 7151(a) and 7293 of this title. § 7411. Standards of performance for new sta- tionary sources (a) Definitions For purposes of this section: (1) The term ‘‘standard of performance’’ means a standard for emissions of air pollut- ants which reflects the degree of emission lim- itation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy require- ments) the Administrator determines has been adequately demonstrated. (2) The term ‘‘new source’’ means any sta- tionary source, the construction or modifica- tion of which is commenced after the publica- tion of regulations (or, if earlier, proposed reg- ulations) prescribing a standard of perform- ance under this section which will be applica- ble to such source. (3) The term ‘‘stationary source’’ means any building, structure, facility, or installation which emits or may emit any air pollutant. Nothing in subchapter II of this chapter relat- ing to nonroad engines shall be construed to apply to stationary internal combustion en- gines. (4) The term ‘‘modification’’ means any physical change in, or change in the method of operation of, a stationary source which in- creases the amount of any air pollutant emit- ted by such source or which results in the emission of any air pollutant not previously emitted. (5) The term ‘‘owner or operator’’ means any person who owns, leases, operates, controls, or supervises a stationary source. (6) The term ‘‘existing source’’ means any stationary source other than a new source. (7) The term ‘‘technological system of con- tinuous emission reduction’’ means— (A) a technological process for production or operation by any source which is inher- ently low-polluting or nonpolluting, or (B) a technological system for continuous reduction of the pollution generated by a source before such pollution is emitted into the ambient air, including precombustion cleaning or treatment of fuels. (8) A conversion to coal (A) by reason of an order under section 2(a) of the Energy Supply and Environmental Coordination Act of 1974 [15 U.S.C. 792(a)] or any amendment thereto, or any subsequent enactment which super- sedes such Act [15 U.S.C. 791 et seq.], or (B) which qualifies under section 7413(d)(5)(A)(ii) 1 of this title, shall not be deemed to be a modi- fication for purposes of paragraphs (2) and (4) of this subsection. (b) List of categories of stationary sources; standards of performance; information on pollution control techniques; sources owned or operated by United States; particular sys- tems; revised standards (1)(A) The Administrator shall, within 90 days after December 31, 1970, publish (and from time to time thereafter shall revise) a list of cat- egories of stationary sources. He shall include a category of sources in such list if in his judg- ment it causes, or contributes significantly to, air pollution which may reasonably be antici- pated to endanger public health or welfare. (B) Within one year after the inclusion of a category of stationary sources in a list under subparagraph (A), the Administrator shall pub- lish proposed 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 promul- gate, within one year after such publication, such standards with such modifications as he deems appropriate. The Administrator shall, at least every 8 years, review and, if appropriate, revise such standards following the procedure required by this subsection for promulgation of such standards. Notwithstanding the require- ments of the previous sentence, the Adminis- trator need not review any such standard if the Administrator determines that such review is not appropriate in light of readily available in- formation on the efficacy of such standard. Standards of performance or revisions thereof shall become effective upon promulgation. When implementation and enforcement of any require- ment of this chapter indicate that emission lim- itations and percent reductions beyond those re- quired by the standards promulgated under this section are achieved in practice, the Adminis- trator shall, when revising standards promul- gated under this section, consider the emission limitations and percent reductions achieved in practice. (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 sec- tion. Page 7196 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7411 (4) The provisions of this section shall apply to any new source owned or operated by the United States. (5) Except as otherwise authorized under sub- section (h), nothing in this section shall be con- strued to require, or to authorize the Adminis- trator to require, any new or modified source to install and operate any particular technological system of continuous emission reduction to comply with any new source standard of per- formance. (6) The revised standards of performance re- quired by enactment of subsection (a)(1)(A)(i) and (ii) 1 shall be promulgated not later than one year after August 7, 1977. Any new or modified fossil fuel fired stationary source which com- mences construction prior to the date of publi- cation of the proposed revised standards shall not be required to comply with such revised standards. (c) State implementation and enforcement of standards of performance (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 Adminis- trator finds the State procedure is adequate, he shall delegate to such State any authority he has under this chapter to implement and enforce such standards. (2) Nothing in this subsection shall prohibit the Administrator from enforcing any applicable standard of performance under this section. (d) Standards of performance for existing sources; remaining useful life of source (1) The Administrator shall prescribe regula- tions which shall establish a procedure similar to that provided by section 7410 of this title under which each State shall submit to the Ad- ministrator a plan which (A) establishes stand- ards of performance for any existing source for any air pollutant (i) for which air quality cri- teria have not been issued or which is not in- cluded on a list published under section 7408(a) of this title or emitted from a source category which is regulated under section 7412 of this title but (ii) to which a standard of performance under this section would apply if such existing source were a new source, and (B) provides for the implementation and enforcement of such standards of performance. Regulations of the Administrator under this paragraph shall per- mit the State in applying a standard of perform- ance to any particular source under a plan sub- mitted under this paragraph to take into consid- eration, among other factors, the remaining use- ful life of the existing source to which such standard applies. (2) The Administrator shall have the same au- thority— (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 7410(c) of this title 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 7413 and 7414 of this title with respect to an implementation plan. In promulgating a standard of performance under a plan prescribed under this paragraph, the Administrator shall take into consideration, among other factors, remaining useful lives of the sources in the category of sources to which such standard applies. (e) Prohibited acts After the effective date of standards of per- formance promulgated under this section, it shall be unlawful for any owner or operator of any new source to operate such source in viola- tion of any standard of performance applicable to such source. (f) New source standards of performance (1) For those categories of major stationary sources that the Administrator listed under sub- section (b)(1)(A) before November 15, 1990, and for which regulations had not been proposed by the Administrator by November 15, 1990, the Ad- ministrator shall— (A) propose regulations establishing stand- ards of performance for at least 25 percent of such categories of sources within 2 years after November 15, 1990; (B) propose regulations establishing stand- ards of performance for at least 50 percent of such categories of sources within 4 years after November 15, 1990; and (C) propose regulations for the remaining categories of sources within 6 years after No- vember 15, 1990. (2) In determining priorities for promulgating standards for categories of major stationary sources for the purpose of paragraph (1), the Ad- ministrator shall consider— (A) the quantity of air pollutant emissions which each such category will emit, or will be designed to emit; (B) the extent to which each such pollutant may reasonably be anticipated to endanger public health or welfare; and (C) the mobility and competitive nature of each such category of sources and the con- sequent need for nationally applicable new source standards of performance. (3) Before promulgating any regulations under this subsection or listing any category of major stationary sources as required under this sub- section, the Administrator shall consult with appropriate representatives of the Governors and of State air pollution control agencies. (g) Revision of regulations (1) Upon application by the Governor of a State showing that the Administrator has failed to specify in regulations under subsection (f)(1) any category of major stationary sources re- quired to be specified under such regulations, the Administrator shall revise such regulations to specify any such category. (2) Upon application of the Governor of a State, showing that any category of stationary sources which is not included in the list under subsection (b)(1)(A) contributes significantly to air pollution which may reasonably be antici- pated to endanger public health or welfare (not- withstanding that such category is not a cat- egory of major stationary sources), the Adminis- trator shall revise such regulations to specify such category of stationary sources. Page 7197 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7411 (3) Upon application of the Governor of a State showing that the Administrator has failed to apply properly the criteria required to be con- sidered under subsection (f)(2), the Adminis- trator shall revise the list under subsection (b)(1)(A) to apply properly such criteria. (4) Upon application of the Governor of a State showing that— (A) a new, innovative, or improved tech- nology or process which achieves greater con- tinuous emission reduction has been ade- quately demonstrated for any category of sta- tionary sources, and (B) as a result of such technology or process, the new source standard of performance in ef- fect under this section for such category no longer reflects the greatest degree of emission limitation achievable through application of the best technological system of continuous emission reduction which (taking into consid- eration the cost of achieving such emission re- duction, and any non-air quality health and environmental impact and energy require- ments) has been adequately demonstrated, the Administrator shall revise such standard of performance for such category accordingly. (5) Unless later deadlines for action of the Ad- ministrator are otherwise prescribed under this section, the Administrator shall, not later than three months following the date of receipt of any application by a Governor of a State, ei- ther— (A) find that such application does not con- tain the requisite showing and deny such ap- plication, or (B) grant such application and take the ac- tion required under this subsection. (6) Before taking any action required by sub- section (f) or by this subsection, the Adminis- trator shall provide notice and opportunity for public hearing. (h) Design, equipment, work practice, or oper- ational standard; alternative emission limita- tion (1) For purposes of this section, if in the judg- ment of the Administrator, it is not feasible to prescribe or enforce a standard of performance, he may instead promulgate a design, equipment, work practice, or operational standard, or com- bination thereof, which reflects the best techno- logical system of continuous emission reduction which (taking into consideration the cost of achieving such emission reduction, and any non- air quality health and environmental impact and energy requirements) the Administrator de- termines has been adequately demonstrated. In the event the Administrator promulgates a de- sign or equipment standard under this sub- section, he shall include as part of such standard such requirements as will assure the proper op- eration and maintenance of any such element of design or equipment. (2) For the purpose of this subsection, the phrase ‘‘not feasible to prescribe or enforce a standard of performance’’ means any situation in which the Administrator determines that (A) a pollutant or pollutants cannot be emitted through a conveyance designed and constructed to emit or capture such pollutant, or that any requirement for, or use of, such a conveyance would be inconsistent with any Federal, State, or local law, or (B) the application of measure- ment methodology to a particular class of sources is not practicable due to technological or economic limitations. (3) If after notice and opportunity for public hearing, any person establishes to the satisfac- tion of the Administrator that an alternative means of emission limitation will achieve a re- duction in emissions of any air pollutant at least equivalent to the reduction in emissions of such air pollutant achieved under the require- ments of paragraph (1), the Administrator shall permit the use of such alternative by the source for purposes of compliance with this section with respect to such pollutant. (4) Any standard promulgated under paragraph (1) shall be promulgated in terms of standard of performance whenever it becomes feasible to promulgate and enforce such standard in such terms. (5) Any design, equipment, work practice, or operational standard, or any combination there- of, described in this subsection shall be treated as a standard of performance for purposes of the provisions of this chapter (other than the provi- sions of subsection (a) and this subsection). (i) Country elevators Any regulations promulgated by the Adminis- trator under this section applicable to grain ele- vators shall not apply to country elevators (as defined by the Administrator) which have a storage capacity of less than two million five hundred thousand bushels. (j) Innovative technological systems of contin- uous emission reduction (1)(A) Any person proposing to own or operate a new source may request the Administrator for one or more waivers from the requirements of this section for such source or any portion thereof with respect to any air pollutant to en- courage the use of an innovative technological system or systems of continuous emission re- duction. The Administrator may, with the con- sent of the Governor of the State in which the source is to be located, grant a waiver under this paragraph, if the Administrator determines after notice and opportunity for public hearing, that— (i) the proposed system or systems have not been adequately demonstrated, (ii) the proposed system or systems will op- erate effectively and there is a substantial likelihood that such system or systems will achieve greater continuous emission reduction than that required to be achieved under the standards of performance which would other- wise apply, or achieve at least an equivalent reduction at lower cost in terms of energy, economic, or nonair quality environmental impact, (iii) the owner or operator of the proposed source has demonstrated to the satisfaction of the Administrator that the proposed system will not cause or contribute to an unreason- able risk to public health, welfare, or safety in its operation, function, or malfunction, and (iv) the granting of such waiver is consistent with the requirements of subparagraph (C). Page 7198 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7411 In making any determination under clause (ii), the Administrator shall take into account any previous failure of such system or systems to operate effectively or to meet any requirement of the new source performance standards. In de- termining whether an unreasonable risk exists under clause (iii), the Administrator shall con- sider, among other factors, whether and to what extent the use of the proposed technological sys- tem will cause, increase, reduce, or eliminate emissions of any unregulated pollutants; avail- able methods for reducing or eliminating any risk to public health, welfare, or safety which may be associated with the use of such system; and the availability of other technological sys- tems which may be used to conform to standards under this section without causing or contrib- uting to such unreasonable risk. The Adminis- trator may conduct such tests and may require the owner or operator of the proposed source to conduct such tests and provide such information as is necessary to carry out clause (iii) of this subparagraph. Such requirements shall include a requirement for prompt reporting of the emis- sion of any unregulated pollutant from a system if such pollutant was not emitted, or was emit- ted in significantly lesser amounts without use of such system. (B) A waiver under this paragraph shall be granted on such terms and conditions as the Ad- ministrator determines to be necessary to as- sure— (i) emissions from the source will not pre- vent attainment and maintenance of any na- tional ambient air quality standards, and (ii) proper functioning of the technological system or systems authorized. Any such term or condition shall be treated as a standard of performance for the purposes of subsection (e) of this section and section 7413 of this title. (C) The number of waivers granted under this paragraph with respect to a proposed techno- logical system of continuous emission reduction shall not exceed such number as the Adminis- trator finds necessary to ascertain whether or not such system will achieve the conditions specified in clauses (ii) and (iii) of subparagraph (A). (D) A waiver under this paragraph shall extend to the sooner of— (i) the date determined by the Adminis- trator, after consultation with the owner or operator of the source, taking into consider- ation the design, installation, and capital cost of the technological system or systems being used, or (ii) the date on which the Administrator de- termines that such system has failed to— (I) achieve at least an equivalent contin- uous emission reduction to that required to be achieved under the standards of perform- ance which would otherwise apply, or (II) comply with the condition specified in paragraph (1)(A)(iii), and that such failure cannot be corrected. (E) In carrying out subparagraph (D)(i), the Administrator shall not permit any waiver for a source or portion thereof to extend beyond the date— (i) seven years after the date on which any waiver is granted to such source or portion thereof, or (ii) four years after the date on which such source or portion thereof commences oper- ation, whichever is earlier. (F) No waiver under this subsection shall apply to any portion of a source other than the portion on which the innovative technological system or systems of continuous emission re- duction is used. (2)(A) If a waiver under paragraph (1) is termi- nated under clause (ii) of paragraph (1)(D), the Administrator shall grant an extension of the requirements of this section for such source for such minimum period as may be necessary to comply with the applicable standard of perform- ance under this section. Such period shall not extend beyond the date three years from the time such waiver is terminated. (B) An extension granted under this paragraph shall set forth emission limits and a compliance schedule containing increments of progress which require compliance with the applicable standards of performance as expeditiously as practicable and include such measures as are necessary and practicable in the interim to min- imize emissions. Such schedule shall be treated as a standard of performance for purposes of subsection (e) of this section and section 7413 of this title. (July 14, 1955, ch. 360, title I, § 111, as added Pub. L. 91–604, § 4(a), Dec. 31, 1970, 84 Stat. 1683; amended Pub. L. 92–157, title III, § 302(f), Nov. 18, 1971, 85 Stat. 464; Pub. L. 95–95, title I, § 109(a)–(d)(1), (e), (f), title IV, § 401(b), Aug. 7, 1977, 91 Stat. 697–703, 791; Pub. L. 95–190, § 14(a)(7)–(9), Nov. 16, 1977, 91 Stat. 1399; Pub. L. 95–623, § 13(a), Nov. 9, 1978, 92 Stat. 3457; Pub. L. 101–549, title I, § 108(e)–(g), title III, § 302(a), (b), title IV, § 403(a), Nov. 15, 1990, 104 Stat. 2467, 2574, 2631.) Editorial Notes REFERENCES IN TEXT Such Act, referred to in subsec. (a)(8), means Pub. L. 93–319, June 22, 1974, 88 Stat. 246, known as the Energy Supply and Environmental Coordination Act of 1974, which is classified principally to chapter 16C (§ 791 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 791 of Title 15 and Tables. Section 7413 of this title, referred to in subsec. (a)(8), was amended generally by Pub. L. 101–549, title VII, § 701, Nov. 15, 1990, 104 Stat. 2672, and, as so amended, subsec. (d) of section 7413 no longer relates to final compliance orders. Subsection (a)(1) of this section, referred to in subsec. (b)(6), was amended generally by Pub. L. 101–549, title VII, § 403(a), Nov. 15, 1990, 104 Stat. 2631, and, as so amended, no longer contains subpars. CODIFICATION Section was formerly classified to section 1857c–6 of this title. PRIOR PROVISIONS A prior section 111 of act July 14, 1955, was renum- bered section 118 by Pub. L. 91–604 and is classified to section 7418 of this title. Page 7199 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7411 AMENDMENTS 1990—Subsec. (a)(1). Pub. L. 101–549, § 403(a), amended par. (1) generally, substituting provisions defining ‘‘standard of performance’’ with respect to any air pol- lutant for provisions defining such term with respect to subsec. (b) fossil fuel fired and other stationary sources and subsec. (d) particular sources. Subsec. (a)(3). Pub. L. 101–549, § 108(f), inserted at end ‘‘Nothing in subchapter II of this chapter relating to nonroad engines shall be construed to apply to sta- tionary internal combustion engines.’’ Subsec. (b)(1)(B). Pub. L. 101–549, § 108(e)(1), sub- stituted ‘‘Within one year’’ for ‘‘Within 120 days’’, ‘‘within one year’’ for ‘‘within 90 days’’, and ‘‘every 8 years’’ for ‘‘every four years’’, inserted before last sen- tence ‘‘Notwithstanding the requirements of the pre- vious sentence, the Administrator need not review any such standard if the Administrator determines that such review is not appropriate in light of readily avail- able information on the efficacy of such standard.’’, and inserted at end ‘‘When implementation and en- forcement of any requirement of this chapter indicate that emission limitations and percent reductions be- yond those required by the standards promulgated under this section are achieved in practice, the Admin- istrator shall, when revising standards promulgated under this section, consider the emission limitations and percent reductions achieved in practice.’’ Subsec. (d)(1)(A)(i). Pub. L. 101–549, § 302(a), which di- rected the substitution of ‘‘7412(b)’’ for ‘‘7412(b)(1)(A)’’, could not be executed, because of the prior amendment by Pub. L. 101–549, § 108(g), see below. Pub. L. 101–549, § 108(g), substituted ‘‘or emitted from a source category which is regulated under section 7412 of this title’’ for ‘‘or 7412(b)(1)(A)’’. Subsec. (f)(1). Pub. L. 101–549, § 108(e)(2), amended par. (1) generally, substituting present provisions for provi- sions requiring the Administrator to promulgate regu- lations listing the categories of major stationary sources not on the required list by Aug. 7, 1977, and reg- ulations establishing standards of performance for such categories. Subsec. (g)(5) to (8). Pub. L. 101–549, § 302(b), redesig- nated par. (7) as (5) and struck out ‘‘or section 7412 of this title’’ after ‘‘this section’’, redesignated par. (8) as (6), and struck out former pars. (5) and (6) which read as follows: ‘‘(5) Upon application by the Governor of a State showing that the Administrator has failed to list any air pollutant which causes, or contributes to, air pollu- tion which may reasonably be anticipated to result in an increase in mortality or an increase in serious irre- versible, or incapacitating reversible, illness as a haz- ardous air pollutant under section 7412 of this title the Administrator shall revise the list of hazardous air pol- lutants under such section to include such pollutant. ‘‘(6) Upon application by the Governor of a State showing that any category of stationary sources of a hazardous air pollutant listed under section 7412 of this title is not subject to emission standards under such section, the Administrator shall propose and promul- gate such emission standards applicable to such cat- egory of sources.’’ 1978—Subsecs. (d)(1)(A)(ii), (g)(4)(B). Pub. L. 95–623, § 13(a)(2), substituted ‘‘under this section’’ for ‘‘under subsection (b) of this section’’. Subsec. (h)(5). Pub. L. 95–623, § 13(a)(1), added par. (5). Subsec. (j). Pub. L. 95–623, § 13(a)(3), substituted in pars. (1)(A) and (2)(A) ‘‘standards under this section’’ and ‘‘under this section’’ for ‘‘standards under sub- section (b) of this section’’ and ‘‘under subsection (b) of this section’’, respectively. 1977—Subsec. (a)(1). Pub. L. 95–95, § 109(c)(1)(A), added subpars. (A), (B), and (C), substituted ‘‘For the purpose of subparagraphs (A)(i) and (ii) and (B), a standard of performance shall reflect’’ for ‘‘a standard for emis- sions of air pollutants which reflects’’, ‘‘and the per- centage reduction achievable’’ for ‘‘achievable’’, and ‘‘technological system of continuous emission reduc- tion which (taking into consideration the cost of achieving such emission reduction, and any nonair quality health and environment impact and energy re- quirements)’’ for ‘‘system of emission reduction which (taking into account the cost of achieving such reduc- tion)’’ in existing provisions, and inserted provision that, for the purpose of subparagraph (1)(A)(ii), any cleaning of the fuel or reduction in the pollution char- acteristics of the fuel after extraction and prior to combustion may be credited, as determined under regu- lations promulgated by the Administrator, to a source which burns such fuel. Subsec. (a)(7). Pub. L. 95–95, § 109(c)(1)(B), added par. (7) defining ‘‘technological system of continuous emis- sion reduction’’. Pub. L. 95–95, § 109(f), added par. (7) directing that under certain circumstances a conversion to coal not be deemed a modification for purposes of pars. (2) and (4). Subsec. (a)(7), (8). Pub. L. 95–190, § 14(a)(7), redesig- nated second par. (7) as (8). Subsec. (b)(1)(A). Pub. L. 95–95, § 401(b), substituted ‘‘such list if in his judgment it causes, or contributes significantly to, air pollution which may reasonably be anticipated to endanger’’ for ‘‘such list if he determines it may contribute significantly to air pollution which causes or contributes to the endangerment of’’. Subsec. (b)(1)(B). Pub. L. 95–95, § 109(c)(2), substituted ‘‘shall, at least every four years, review and, if appro- priate,’’ for ‘‘may, from time to time,’’. Subsec. (b)(5), (6). Pub. L. 95–95, § 109(c)(3), added pars. (5) and (6). Subsec. (c)(1). Pub. L. 95–95, § 109(d)(1), struck out ‘‘(except with respect to new sources owned or operated by the United States)’’ after ‘‘implement and enforce such standards’’. Subsec. (d)(1). Pub. L. 95–95, § 109(b)(1), substituted ‘‘standards of performance’’ for ‘‘emission standards’’ and inserted provisions directing that regulations of the Administrator permit the State, in applying a standard of performance to any particular source under a submitted plan, to take into consideration, among other factors, the remaining useful life of the existing source to which the standard applies. Subsec. (d)(2). Pub. L. 95–95, § 109(b)(2), provided that, in promulgating a standard of performance under a plan, the Administrator take into consideration, among other factors, the remaining useful lives of the sources in the category of sources to which the stand- ard applies. Subsecs. (f) to (i). Pub. L. 95–95, § 109(a), added sub- secs. (f) to (i). Subsecs. (j), (k). Pub. L. 95–190, § 14(a)(8), (9), redesig- nated subsec. (k) as (j) and, as so redesignated, sub- stituted ‘‘(B)’’ for ‘‘(8)’’ as designation for second sub- par. in par. (2). Former subsec. (j), added by Pub. L. 95–95, § 109(e), which related to compliance with applica- ble standards of performance, was struck out. Pub. L. 95–95, § 109(e), added subsec. (k). 1971—Subsec. (b)(1)(B). Pub. L. 92–157 substituted in first sentence ‘‘publish proposed’’ for ‘‘propose’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title. REGULATIONS Pub. L. 101–549, title IV, § 403(b), (c), Nov. 15, 1990, 104 Stat. 2631, provided that: ‘‘(b) REVISED REGULATIONS.—Not later than three years after the date of enactment of the Clean Air Act Amendments of 1990 [Nov. 15, 1990], the Administrator shall promulgate revised regulations for standards of performance for new fossil fuel fired electric utility units commencing construction after the date on which Page 7200 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7412 such regulations are proposed that, at a minimum, re- quire any source subject to such revised standards to emit sulfur dioxide at a rate not greater than would have resulted from compliance by such source with the applicable standards of performance under this section [amending sections 7411 and 7479 of this title] prior to such revision. ‘‘(c) APPLICABILITY.—The provisions of subsections (a) [amending this section] and (b) apply only so long as the provisions of section 403(e) of the Clean Air Act [42 U.S.C. 7651b(e)] remain in effect.’’ PENDING ACTIONS AND PROCEEDINGS Suits, actions, and other proceedings lawfully com- menced by or against the Administrator or any other officer or employee of the United States in his official capacity or in relation to the discharge of his official duties under act July 14, 1955, the Clean Air Act, as in effect immediately prior to the enactment of Pub. L. 95–95 [Aug. 7, 1977], not to abate by reason of the taking effect of Pub. L. 95–95, see section 406(a) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Administrator or other offi- cial in Environmental Protection Agency related to compliance with new source performance standards under this section with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas trans- ferred to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, eff. July 1, 1979, §§ 102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees. Office of Federal Inspector for the Alaska Nat- ural Gas Transportation System abolished and func- tions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal In- spector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Sec- retary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15. POWER SECTOR CARBON POLLUTION STANDARDS Memorandum of President of the United States, June 25, 2013, 78 F.R. 39535, which related to carbon pollution standards for power plants, was revoked by Ex. Ord. No. 13783, § 3(a)(ii), Mar. 28, 2017, 82 F.R. 16094, formerly set out as a note under section 13201 of this title. § 7412. Hazardous air pollutants (a) Definitions For purposes of this section, except subsection (r)— (1) Major source The term ‘‘major source’’ means any sta- tionary source or group of stationary sources located within a contiguous area and under common control that emits or has the poten- tial to emit considering controls, in the aggre- gate, 10 tons per year or more of any haz- ardous air pollutant or 25 tons per year or more of any combination of hazardous air pol- lutants. The Administrator may establish a lesser quantity, or in the case of radionuclides different criteria, for a major source than that specified in the previous sentence, on the basis of the potency of the air pollutant, persist- ence, potential for bioaccumulation, other characteristics of the air pollutant, or other relevant factors. (2) Area source The term ‘‘area source’’ means any sta- tionary source of hazardous air pollutants that is not a major source. For purposes of this section, the term ‘‘area source’’ shall not include motor vehicles or nonroad vehicles subject to regulation under subchapter II. (3) Stationary source The term ‘‘stationary source’’ shall have the same meaning as such term has under section 7411(a) of this title. (4) New source The term ‘‘new source’’ means a stationary source the construction or reconstruction of which is commenced after the Administrator first proposes regulations under this section establishing an emission standard applicable to such source. (5) Modification The term ‘‘modification’’ means any phys- ical change in, or change in the method of op- eration of, a major source which increases the actual emissions of any hazardous air pollut- ant emitted by such source by more than a de minimis amount or which results in the emis- sion of any hazardous air pollutant not pre- viously emitted by more than a de minimis amount. (6) Hazardous air pollutant The term ‘‘hazardous air pollutant’’ means any air pollutant listed pursuant to subsection (b). (7) Adverse environmental effect The term ‘‘adverse environmental effect’’ means any significant and widespread adverse effect, which may reasonably be anticipated, to wildlife, aquatic life, or other natural re- sources, including adverse impacts on popu- lations of endangered or threatened species or significant degradation of environmental qual- ity over broad areas. (8) Electric utility steam generating unit The term ‘‘electric utility steam generating unit’’ means any fossil fuel fired combustion unit of more than 25 megawatts that serves a generator that produces electricity for sale. A unit that cogenerates steam and electricity and supplies more than one-third of its poten- tial electric output capacity and more than 25