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) Implementation and enforcement by State; procedure; delegation of authority by Administrator to State; enforcement power of Administrator unaffected. (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 chapter 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 establish a procedure similar to that provided by section 1857c-5 of this title 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 1857c-3(a) or 1857c-7(b) (1) (A) of this title but (ii) to which a standard of performance under subsection (b) of this section 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 1857c-5(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 1857c-8 and 1857c-9 of this title with respect to an implementation plan. (e) Prohibited acts. 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. SEC. 116. Except as otherwise provided in sections 209, 211 (c) (4) and 233 (preempting certain State regulation of moving sources) nothing in this Act shall preclude or deny the right of any State or political subdivision thereof to adopt or enforce (1) any standard or limitation respecting emissions of air pollutants or (2) any requirement respecting control or abatement of air pollution; except that if an emission standard or limitation is in effect under an applicable implementation plan or under section 111 or 112, such State or political subdivision may not adopt or enforce any emission standard or limitation which is less stringent than the standard or limitation under such plan or section. SEC. 302 (h). All language referring to effects on welfare includes, but is not limited to, effects on soils, water, crops, vegetation, manmade materials, animals, wildlife, weather, visibility, and climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort and well-being. [42 U.S.C. 1857h (h)] * SEC. 307(b)(1). A petition for review of action of the Administrator in promulgating any national primary or secondary ambient air quality standard, any emission standard under section 1857c-7 of this title, any standard of performance under section 1857c-6 of this title, any standard under section 1857f-1 of this title (other than a standard required to be prescribed under section 1857f-1(b)(1) of this title), any determination under section 1857f-1(b) (5) of this title, any control or prohibition under section 1857f-6c of this title or any standard under section 1857f-9 of this title may be filed only in the United States Court of Appeals for the District of Columbia. A petition for review of the Administrator's action in approving or promulgating any implementation plan under section 1857c-5 of this title or section 1857c-6(d) of this title, may be filed only in the United States Court of Appeals for the appropriate circuit. Any such petition shall be filed within 30 days from the date of such promulgation or approval, or after such date if such petition is based solely on grounds arising after such 30th day. [42 U.S.C. 1857h-5(b) (1)] 33 No. 72-804 IN THE Supreme Court of the United States OCTOBER TERM, 1972 WILLIAM D. RUCKELSHAUS, Administrator of the Environmental Protection Agency, V. SIERRA CLUB, ET AL. Petitioner, On Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit BRIEF FOR RESPONDENTS BRUCE J. TERRIS HELEN C. NEEDHAM SUELLEN T. KEINER NATHALIE VAYSSIE BLACK 1908 Sunderland Place, NW Washington, D.C. 20036 JAMES W. MOORMAN Sierra Club Legal Defense 311 California Street, Suite 311 |