. § 1857c-6(a)(2) limits the application of new stationary source emission standards to those projects in which construction has not progressed to the point that modifications of already completed physical structures would be necessary to meet those standards. But if the only work made fruitless by the need to meet anti-pollution standards is in the design or planning of a new source, then operators are required to modify those designs or operating plans to meet new stationary source emission standards. This interpretation is given credence by Congress' use of the word "construction" in § 1856c-6(a)(2) rather than the words "planning" or "designing."
[9]  Ohio EPA found that Unit 5 was not a new stationary source under Ohio law. See, Appendix E, Document 1. Painesville argues that EPA is bound to follow this decision. This argument ignores the fact that Ohio EPA was interpreting a different statute than EPA. Further, it is clear that Congress intended that federal enforcement of federal air pollution standards not be controlled by the states. See, Train v. Natural Resources Defense Council Inc., 421 U.S. 60, 63-64, 95 S.Ct. 1470, 1474, 43 L.Ed.2d 731 (1975).

In introducing the Conference Report to the House of Representatives Congressman Staggers stated,
"The enforcement of air pollution regulations is partly the responsibility of the States and partly that of the Federal Government. The legislation provides that the Federal Government shall have primary responsibility for the enforcement of performance standards for new stationary sources and hazardous emissions stationary sources." See, Legislative History of the 1970 Clean Air Act, p. 112 (Government Printing Office, Jan. 1974).


                                      ORHffi$NAI
          rJrtW @nfreu sttutts @owt                        of   felersl
                                      ,,"J1.11;f!3l,o,o
                                                                              HIEO
                                                                        