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U.S. Code as of:
01/19/04
Section 7422. Listing of certain unregulated pollutants
(a) Radioactive pollutants, cadmium, arsenic, and polycyclic
organic matter
Not later than one year after August 7, 1977 (two years for
radioactive pollutants) and after notice and opportunity for public
hearing, the Administrator shall review all available relevant
information and determine whether or not emissions of radioactive
pollutants (including source material, special nuclear material,
and byproduct material), cadmium, arsenic and polycyclic organic
matter into the ambient air will cause, or contribute to, air
pollution which may reasonably be anticipated to endanger public
health. If the Administrator makes an affirmative determination
with respect to any such substance, he shall simultaneously with
such determination include such substance in the list published
under section 7408(a)(1) or 7412(b)(1)(A) )1(! of this title (in
the case of a substance which, in the judgment of the
Administrator, causes, or contributes to, air pollution which may
reasonably be anticipated to result in an increase in mortality or
an increase in serious irreversible, or incapacitating reversible,
illness), or shall include each category of stationary sources
emitting such substance in significant amounts in the list
published under section 7411(b)(1)(A) of this title, or take any
combination of such actions.
(b) Revision authority
Nothing in subsection (a) of this section shall be construed to
affect the authority of the Administrator to revise any list
referred to in subsection (a) of this section with respect to any
substance (whether or not enumerated in subsection (a) of this
section).
(c) Consultation with Nuclear Regulatory Commission; interagency
agreement; notice and hearing
(1) Before listing any source material, special nuclear, or
byproduct material (or component or derivative thereof) as provided
in subsection (a) of this section, the Administrator shall consult
with the Nuclear Regulatory Commission.
(2) Not later than six months after listing any such material (or
component or derivative thereof) the Administrator and the Nuclear
Regulatory Commission shall enter into an interagency agreement
with respect to those sources or facilities which are under the
jurisdiction of the Commission. This agreement shall, to the
maximum extent practicable consistent with this chapter, minimize
duplication of effort and conserve administrative resources in the
establishment, implementation, and enforcement of emission
limitations, standards of performance, and other requirements and
authorities (substantive and procedural) under this chapter
respecting the emission of such material (or component or
derivative thereof) from such sources or facilities.
(3) In case of any standard or emission limitation promulgated by
the Administrator, under this chapter or by any State (or the
Administrator) under any applicable implementation plan under this
chapter, if the Nuclear Regulatory Commission determines, after
notice and opportunity for public hearing that the application of
such standard or limitation to a source or facility within the
jurisdiction of the Commission would endanger public health or
safety, such standard or limitation shall not apply to such
facilities or sources unless the President determines otherwise
within ninety days from the date of such finding.
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