* '" ' UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
:* ' WASHINGTON, D.C. 20460
'' '
MR AND RADIATION
THE CLEAN AIR ACT AMENDMENTS OF 1990
SUMMARY MATERIALS
U.S. EPA
November 15, 1990
Printed on Recycled Paper
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CLEANAIR ACT AMENDIVIENTSOF 1990
TABLE OF
Overview of the Clean Air Act Amendments of 1990
One-Page Summaries of Key Titles
; Glossary of Terms
- Legislative Chronology
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The Clean'Air Act Amendments, of 1990,
In June 1989 President Bush proposed sweeping revisions to the Clean Air Act.
Building on Congressional proposals advanced during the 1980s, the President proposed
legislation designed to curb three major threats to the nation's environment and to the
health of millions of Americans: acid rain, urban air pollution, and toxic air emissions.
The proposal also called for establishing a national permits program to make the lawmore
wdrkable, and an improved enforcement program to help ensure better compliance with
the'Act." ''',.,'"'.' '; v;i'... "-,'.: ../.' ^>.-;,-1 ;.';.:. V .:^C.c". .";: ' '.};' . .".' '' '': '7 7 :
By large votes, both the House of Representatives (401-21) and the jSenate (89-11)
passed Clean Air bills that contained the major components ofthe President's proposals.
Both bills also added prpvisipbs requiring the phaseout of ozone-depleting chemicals,
roughly according;to the schedule outlined in international negotiatto^
Protocol). The Senate and House)bills also added Specific research and development
provisions, asv well as Detailed programs to address accidental releases of toxic air
pollutants. ; ' ;-7 ':.'. -'.'--'v /'.;,;. _;:.<,,<... 7''''7/77 '' -]' ,f^:''~:::'^'' .;"v.''?- '. " ".' ":.
: A joint conference committee met ^rom July to October 1990 to iron put differences
in the bills and both Houses overwhelmingly voted out the package recommended by the
Conferees, the President received the Bill front Congress on I^pyember 14, 1990 and
signed it on November 15,1990. ;
Several progressive^ and creative iiew^themes ai«;embodiedih the Amendments; themes
necessary for effectively achieving the air quality goals and regulatory reforin expected from
these far-reaching amendments. Specifically the new law: -
o encburages the use of r market-based principles and other innovative
approaches, like^performance-based standards and emission banking and
.--'. ^trading;''; " ,\: *'..'"<' .:.'.,, ',':."'.. .' .'''.."..' '' " ';
* - ' ', - - . ' -v . " ',.,'' ", , - . .- ' ' " ', . , ... . ' . ' -
o provides a framework from which alternative clean fuels will be used by
setting standards in the fleet and California pilot program that can be met
by the most cost-effective combination of fuels and technology;
' '' - , '-*'' ."*'''. " ' "'" -' '' ' ''-"' - '. ' ' " *
o promotes the use of clean low sulfur coal and natural gas, as well as
innovative technologies to clean high sulfur coal through the acid rain
."- -'; program; , -", - ".' . ''-... '-..-'./ .-'.'
o reduces enough energy waste and creates enough of a market for clean fuels
derived from grain and natural gas to cut dependency on oil imports by one
. million barrels/day;
o promotes energy concervation through an acid rain program that gives
utilitites flexibility to obtain needed emission reductions through programs
that encourage customers to conserve energy. '
With these themes providing the framework for the Clean Air Act amendments and,
with our committment to implement the new law quickly, fairly and efficiently, Americans
will get what they asked for: a healthy, productive environment,, linked to sustainable
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egnnnmic growth and sound £D£rgy policy^
Title l! Provitf APE far Attainment
and Maintenance of National Ambient
Air Quality Standards . . , *
Although the Clean Air Act Of 1977 brought about significant improvements in bur
Nation's air quality, the urban air pollution problems of ozone (smog), carbon monoxide
(CO) and particulate matter (PM-10) persist. Currently, over 100 million American* live
in cities which are out of attainment with the with the public health standards for ozone.
the most widespread and persistent urban pollution problem is ozone. The causesi.
this and the lesser problem of carbon monoxide (CO) and particulate matter (PM-10)
pollution in our urban areas are largely due to the diversity and number of urbanjijr
pollution sources. One component of urban smog - hydrocarbons - comes from automobile
emissions, petroleum refineries, chemical plants, dry cleaners, gasolinestatip^house
painting and printing shops, Another key component - nitrogen oxides - comes from the
combustion of fuel for transportation, utilities and industries.; v f, r^; i; ^- t
While there are other reasons for continued, high '-levels of .ozone pollution, such as
growth in the number of stationary sources of hydrocarbons and continued growth in
automobile travel, perhaps the most telling reason is that the remaining sources£f
hydrocarbons are also the most difficult to control, l^ese are the small soureesr,- generally
those that emit less than 100 tons ofhydrocarbonsperyeanThese(sources, such as auto
body shops and dry cleaners, may individuallyemit Jess than 10., tons per year, but
coUectively emit many hundreds Of tons of ^pollution. ;>. v<, v-v^-;,;;-^:e.'x'. >:!"^^;;-.4;^,,^
The Clean Air Act Amendments of 1990 create a'iiew; balanced strategy for the Ration
to attack the problem of urban smog. Overall, the new law reveals the Congress's high
expectations of the states and the Federal government. While it gives states more time to,
meet the air quality standard - up to 20 years .for ozone in Los Angeles -,.it also requires
states to make constant formidable progress in reducing emissions. It requires the Federal
government to reduce emissions from cars, trucks, and buses; from consumer products such
as hair spray and window washing compounds; and from ships and barges during loading
and unloading of petroleum products. The Federal government must also develop the
technical guidance that States need to .control stationary sources. ^. ,
The new, law addresses the urban air pollution problems of ozone (smog), carbon
monoxide (CO), and, particulate matter (PM-10). Specifically, it clarifies how areas are
designated and redesignated "attainment." It also allows EPA to define the boundaries of
"nonattainment" areas: geographical areas whose air quality does not meet Federal air
quality standards designed to protect public health. , ,
The new law also establishes provisions defining when and how the federal government
can impose sanctions on areas of the country that have not met certain conditions.
For the pollutant ozone, the new law establishes nonattainment area classifications
ranked according to the severity of the areas's air pollution problem. These classifications
are marginal, moderate, serious, severe and extreme. EPA assigns each nonattainment area
one of these categories, thus triggering varying requirements the area must comply with in
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order to meet the ozone standard.
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' As mentioned, noriattainment areas will have to implement different control measures,
depending upon their classification. Marginal areas, for example, are the closest to
meeting the standard. They will be required Jo conduct an inventory of their ozone-
causirig emissions and institute a permit program. Nonattainment areas with more senous
air quality problems must implement various control measures, The worse the air quality,
the more controls areas will have to implement. ,
The new law also establishes similar programs for areas that do hot meet the federal
health standards for the pollutants carbon monoxide and paniculate matter. Areas
exceeding the standards for these pollutants will be divided into "moderate" and "serious"
classifications. Depending upon the degree to which they exceed the carbon monoxide
standard, areas will be required toi implement programs introducing oxygenated fuels
and/or enhanced emission inspection programs, among other measures. Depending upon
their classification, areas exceeding the particulate matter standard will have to implement
either reasonably available control measures (RACM) or best Available control measures
(BACM), among other,requirements. -.- ;. :
Title II; Provisions Relating to ^ , : ; " .
Mobile Sources ; '/./> '" ' _ . .--v ''.-. '''':./;..;'.,'.;'.' '- ' ' '.\ '''''" -: '"'. '.' '
' While motor vehicles built today emit fe*ver pollutants (60% to 80% less, depending on
the pollutant) than those built in the 1960s, cars and trucks still account for almost half
the emissions of the ozone precursors VOCs and NOx, and up to 90% of the CO emissions
in urban areas. The principal reason for this problem is the rapid growth in the number
of vehicles on the roadways and the total miles driven. This growth has offset a large
portion of the emission'reductions gained from motor vehicle controls.
In view of the unforeseen growth in automobile emissions in urban areas combined with
"the serious air pollution problems in many .urban areas, the Congress has made significant
changes to the motor vehicle provisions on the 1977 Clean Air Act.
The Clean Air Act of 1990 establishes tighter pollution standards for emissions from
automobiles and trucks. These standards will reduce tailpipe, emissions of hydrocarbons,
carbon monoxide, and nitrogen oxides on a phased-in basis beginning in model year 1994.
Automobile manufacturers will also be required to reduce vehicle emissions resulting from
the evaporation of gasoline during refueling. ,
Fuel quality will also be controlled. Scheduled reductions in gasoline volatility and
sulfur content of diesel fuel, for example, will be required. New programs requiring cleaner
. (so-called "reformulated" gasoline) will be initiated in 1995 for the nine cities with the worst
ozone problems. Other cities can "opt in" to the reformulated gasoline program. Higher
levels <2.7%) of alcohol-based oxygenated fuels will be produced and sold in 41 areas
during the winter months that exceed the federal standard for carbon monoxide.
The new law also establishes a clean fuel car pilot program in California, requiring the
phase-in of tighter emission limits for 150,000 vehicles in model year 1996 and 300,000 by
the model year 1999. These standards can be met with any combination of vehicle
technology and cleaner fuels. The standards become even stricter in 2001. Other states
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can "
opt in? to this program, thoug^only thro^ iiicentiyw^
mandates. '. ,';'- '/..,,,,/, '. .:'',' .-. ,"'.'' ,-. ....:..' . "':'.'. ''" '''''' '''
twentv-six of the dirtiest areas of the country Mill have to ^doptajprp^
iSK2S«^ fleets of 10 or more vehicles beginning as early as
1998. ,
in; Air Toxics
Toxic air Bollutahts are those pollutants which are hazardous to humait health,or th?
^wertWwn^i&cW* under another P^ion of the^Clean A!r Act^
Theie nollutants are typically carcinogens, mutagens, and reproductive toxins. The Clean
Mi ^A^fA^endme^sTm? Sled toresult in substantial Auctions of the emissions of
ftesel^SSg substances. In facti over the history of the air toxics program only
seven pollutants have been regiilatecU , ; ;
We know that the toxic air pollution problem is widespread. Information generated
ftomBieXJ^^
Mlion pounds of toxic air pollutants are emitted annually m the Umted States^ ^ EPA
stSs Indicate that exposure to such quantities of air toxics may result in J-OOO^o 3000;
cancer deaths each year. , ; . \' ./"' '..;/"' :; '.'.:' ' ' '':';V-'; ','!' '; :. '':"'- :'"'. ''
The Clean Air Act of 1990 offers a comprehensive plan lor achieving significant
reductions in emissions of hazardous air ^ pollutantsirdm ittajor:sour«js. Industry ««P^s
to iSs? suggest that an estimated 2.7 billion pounds of toxic air pollutants were emitted
tatottetoSS^^
The new law will improve EPA's ability.to address this problem effectively and it will
dramatically accelerate progress in controlling major toxic air pollutants.,
The new law includes a list of 189 toxic air pollutants of which ' e?isf io^ ^us*pb«
reduced. EPA must publish a list of source categories that emit certain levels of these
pollutants within one year after the new law is passed. The list of source categories must
include: 1) major sources emitting 10 tons/year of any one, or 25 tons/year of any
combination of those pollutants; and, 2) area sources (smaller sources, such as dry
cleaners). ' .' ' . ' _ -' ' ; : ' " ' ' " '..;, .'.''.'; - ..,...'.
EPA then must issue "Maximum Achievable Control Technology" (MACT) standards
for each listed source category according to a prescribed schedule. These standards will
be based on the best demonstrated control technology or practices within the regulated
industry, and EPA must issue the standards for forty source categories within two years
of passage of the new law. The remaining source categories will be controlled according
to a schedule that ensures all controls will be achieved within 10 years of enactment.
Companies that voluntarily reduce emissions according to certain conditions can get a six
'year extension from meeting the MACT requirements.
Eieht years after MACT is installed on a source, EPA must examine the risk levels
remaining at the regulated facilities and determine whether additional controls are
necessary to reduce unacceptable residual risk. . .
The new law also establishes a Chemical Safety Board to investigate accidental releases
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oextreme to.
controllihg^ir emissions froin inuWapal, hospital and othfir commercial and mdustnal
incinerators. ,';''-.: ,V';V ., v/;"V "" '_.-' '..'" :'/ '' ' - ;',''.",' ,". "*
Title IV; Acid Deposition Control ^
As many know, acid rain occurs when sulfur dioxide and nitrogen oxide emissions are
transformed in the atmosphere and return to the earth in rain, fog or snow. Approximately
20 million tons of SO2 are emitted annually in the United States, mostly from the burning
of fossil fuels by electric utilities. Acid rain damages lakes, harms forests and buildings,
contributes ta reduced visibility, andis suspected of damaging health.
T&e new Clean Air Act will result in a permanent 10 million ton reduction in sulfur
dioxide (S02) emissions from 1980 levels. To achieve this, EPA will allocate allowances
in two phases permitting utilities to emit one ton of sulfur dioxide. The first phase,
effective Januaiy 1, 1995, requires 110 powerplants to reduce their emissions to a level
equivalent to the product of an emissions rate of 2.5 Ibs of SO2/mmBtu x an average of
their 1985-1987 fuel use. Plants that use certain control technologies to meet their Phase
I reduction requirements may receive a two year extension of compliance until 1997, The
hew law also allows fot a special allocationpf 200,000 annual allowances per year each of
the 5 yearsof phase I to powerplants in^^Illinois, Indiana and,Ohio. ; -
The second phase, becomingeffective January l, 2000, will require approximately
2000 utilities to reduce their emissions to a levelequivalent to the product of an emissions
rate of 12 Ibs of SO2/mm Btu x the average of their 1985-1987 fuel use.iln both phases,
affected sources will berrequired to install systems that continuously monitor emissions in
order to track progress and assure compliance.
The new law allows utilities to trade allowances within their systems and/or buy or sell
allowances to and from other affected sources. Each source must have sufficient
allowances to cover its annual emissions. If-not,'the source is subject to a $2,000 /ton
excess emissions fee and a requirement to offset the excess emissions in the following year.
Nationwide, plants that emit SO2 at a rate below 12 Ibs/mmBtu will be able to
increase emissions by 20% between a baseline year and 2000. Bonus allowances will be
distributed to accommodate growth by units in states .with a statewide average below 0.8
Ibs/mmBtu. Plants experiencing increases in their utilization in the last five years also
receive bonus allowances. 50,000 bonus allowances per year are allocated to plants in 10
midwestern states that make reductions in Phase I. Plants that repowei-with a qualifying
clean coal technology may receive a 4 year extension of the compliance date for Phase II
emission limitations.
The new law also includes specific requirements for reducing emissions of nitrogen
oxides, based on EPA regulations to be issued not later than mid-1992 for certain boilers
and 1997 for all remaining boilers.
Title Vt Permits
; The new law introduces an operating permits program modelled after a similar
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program under the Federal National Pollution Elimination Discharge ^st?£
§Se tmroose of the operating permits program is.t0;enspi«..cpmpli9noe..^
S£Se^
pollution sources subject to the program must obtain an^^ operating permit, states must
develop and implement the program" and EPA must issue permit program regulations,
rerfew each state's proposed program, and oversee the state's efforts to implement any
approved program. EPA must also develop and implement a federal permit program when
a state fails to adopt and implement its own, program..
This program-in many ways the most important procedural reform contained in the
new law-willI greatly strengthen enforcement of the Clean Air Act. It will^enhance air
quality control in a variety of ways. First, adding such a program ^jdajes Ihe^ean^;
Act, making it more consistent with other environmental statutes. The Clean Water Ac^,;
the Resource Conservation and Recovery Act, and the Federal Insecticide, Fungicide, and
Rodenticide Act all require permits. The 1977 Clean Air laws also, requires a construction
permit for certain pollution sources, and about 35 states have their own laws requiring
operating permits. ; : ; ,; ;
The new program clarifies ,and makes more enforceable a source's pollution control
requirements. Currently, a source's pollution control obligations; may be ^scattered
throughout numerous hard-to-firid provisions of state and federal regulations, and m many
cases, the source is not required under the applicable State Implementation Plan to. submit
periodic compliance reports to EPA or the states. The permit program will ensure that all
of a source's obligations with respect to its pollutants will be contained in one permit
document, and that the source will file periodic reports identifying the extent to which_it
' has complied with those obligations. Both of these requirements will greatly enhance the
ability of Federal and state agencies to evaluate its air quality situation. ; ' .;/..
In addition, the new program will provide a ready vehicle for states to assume
administration, subject to federal oversight, of significant parts of the air toxics program
and the acid ram»pft>gram. And, through the permit fee provisions, discussed below, the
program will greatly augment a state's resources to administer pollution control programs
by requiring sources of pollution to pay their fair share of the costs of a state's air
pollution program. . ! ,
Under the new law, EPA must issue program regulations within one year of enactment.
Within three years of enactment, each state must submit to EPA a permit program meeting
these regulatory requirements. After receiving the state submittal, EPA has one year to
accept or reject the program. EPA must levy sanctions against a state that does not submit
or enforce a permit program. , ,
Each permit issued to a facility will be for a fixed term of up to five years. The new
law establishes a permit fee whereby the state collects alee from the permitted facility to
cover reasonable direct and indirect costs of the permitting program.
All sources subject to the permit program must submit a complete permit application
within 12 months of the effective date of the progjram. The state permitting authority must
determine whether or not to approve an application within 18 months of the date it receives
the application.
EPA has 45 days to review each permit and to object to permits that violate the Clean
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/
Air Act If EPA fails to object to a permit that violates the Act or the implementation plan,
to ob^ct within 60 days Allowing EPA's45.da^ ^revie* 'period
icial review of EPA's decision
and EPA mu«*-«*iit.rfr denv the nermit witmn ou aays. Judicial review of EPA's decision
on a citizen'
miist ant or deny the pennit within 60 days. Judicial
en's petition can pccur in the Federal court of appeals.
Title VI; Strfltosnheric Ozone and
Global Climate Protection
The new law guilds on the maricet-based structure andRequirements^ currehny
contained inEPA'sregulations to phaseout the production^rsubstan?es that deplete the
bzone laver the law requires a Complete phase-out of CFCs and halons with interim
StS^omeSd changes^ ?>^th^existing Montreal:Protocol, revised in June
1990. ..'.'.-/;.''"."'' ,". '.'.:.".'...' '..- ^'';-" .-../. V; .*;-'''"' ' ' . ' ', "' ,-["'
Under these provisions, EPA must list all regulated substances along wit^their ozone^
depletion potential, atmospheric lifetimes and global warming potentials within 60 days of
enactment..* ' .-'.' '-/. '..' -\_ '" '.?,;' "'.'":.- :- .
In^ addition, EPA must ensure that Qass I chemicals be phased out on a^schedule
similar to that specified in the Montreal Protocol - CFC's, halons, and. carbon
tetrachloride by 2000; methyl chloroform by 2(K)2^ .but with more stpngentvinterim
reductions. Class II chemicals (HCFC's) will be phased out by 2030. Regulations for plass
I chemicals will be required within 10 months, and Class II chemical regulations will be
required by December 31,1999.
The law also requires EPA to publish a list of safe and unsafeI substitutes for Class I
and II chemicals and to ban the use of unsafe substitutes. :
The law requires noneJssentiaT products releasing Class I chemicals to be-banned'within'
2 years of enactment. i(ln 1994 a ban will go into effect for aerosols and non-insulating
fpamsusing Class II chemicals, with exemptions for flammability and safety: Regulations
for this purpose will be required within one year of enactment, to become effective two
years afterwards.
Title Vllt Provisions Relating to Enforcement
The Clean vAir Act of 1990 contains a broad array of authorities to niake the law more
readily enforceable, thus bringing it up to date with the other major environmental
statutes.
EPA has new authorities to issue administrative penalty orders up to $200,000, and
field citations up to $5000 for lesser infractions. Civil judicial penalties are enhanced.
Criminal penalties for knowing violations are upgraded from misdemeanors to felonies, and
new criminal authorities for knowing and negligent endangerment will be established.
' .'-''-. - >i ' ' f , .
In addition, sources must certify their compliance, and EPA has authority to issue
administrative subpoenas for compliance data. EPA will also be authorized to issue
compliance orders with compliance schedules of up to one year. -
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The citizen suit provisions have also been revised to rfl^ cities to
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settlements.
Qther Titles , - ;. ' , '. . _,.' " , ;' ''''' . '^- ''''.'"-' ^ ']
The Clean Air Act Amendments of 1990 continue the federal acid rain research
Droeranfand contato seVe^iew provisions relating to research, development and .air
mS^^S^ontairi provisions to provide additional unemployment benents
ZoS^e^ lSnin?ParSiersliip Act to workers ^ laid %off as ; a consequence of
compHance vdth the ^lean Air Act. The Act also contains provisions to improve visibility
near National Parks and other parts of the country.
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GLEAN AIR ACT AMENDMENTS OF 1990
SUMMARY OF KE^ TITLES
U.S. EPA
November 15,1990
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., ;' .v''';-''..-^ v^y ;';::' .x .,;Title I - Nbnattainment ;;/' '/-V. Vv;'. "'
b Divides! cities into Six categories"for ozone (3 yrs. - marginal, 6yrs, moderate,'9
>';;.'. yrs serious, 15 -17 yrs severe,20 yrs extreme) and 2 categories fqr Carbon
; monoxide. y"" '-. .-':'. -- -,' '}'. '''---..'';, ;',./' '>:''. ""-.'" ' ".' '"''-.
o % Reduction; Applies to ozone only. Moderate areas arid above must achieve
-15% VQC reduction within 6 years otenactment. For serious and above, average
of 3% VQC per year thereafter until attainment. Annual VOC and NOx
reductions as needed to attain. /The 15% and 3% isi from an adjusted baseline
and all reductions,except those from existing FMVCP, gasoline volatility, RACT
and I/M fixups are creditable^ Possjtole exemption from % reduction based on
technological feasibility, if SIP adopts measures similar to those in next higher
-category and if all feasible measures are adopted, in the first 6 years. NOx _
substitution possible after 6 years. ;" : ^
o Prescribed iMeasures; Maior NQx sources meet same requirements as major
VOC sources unless EPA finds rib benefit. /All ozone npnattainment areas correct
existing RAGT rules and I/M programs. Moderate areas add basic I/M* Stage.!
H and RACT on .new and existing CTG: arid 100 ton non-CTG sources, and make
an attainment demonstration. Serious areas .add enhanced I/M, RACT on 50 ton
non^CTG sources, a fleet vehicle program in areas of 250,000 and up, TCMs
needed to offset vehicle^growth, special rules for source modifications, and,.;,
. , photochemical modeling attainment demonstration. Severe areas add RACT for
25 ton VbC nqriTCTG sources and proyisions requiring adoption of TCMs, if ;.
- : necessary to meet progress requirements and employer trip reduction provisions.l
Extreme areas add RACT on 10 ton sources, eliminate feasibility exemption from
15% and 3%, add NOj?^reductions from clean fuelsfor advanced technology, have
peak hour traffic cbntrols; can get SIP approved based on anticipated new
technology: '
o, Federal Measures: EPA issues 11 new CTGs plus CTGs for aerospace coatings,
shipbuilding and repair; marine vessels rule and consumer products rules.
Requires an ACT for 25 ton NOx and VOC sources.
o Sanctions; Grace period of 18 months to cure planning failure. Then must apply
1 of 2 sanctions (modified highway ban or 2:1 offset). Air grants are available.
There are Existing construction bans remain, but no new ones.
o Federal Implementation Plans (FIPsll; Within 2 years of state failure to develop
ari adequate SIP, riiandatory attainment FIPs required. ,
o Transport; Sets up 11-state NE transport commission. Requires transport, states
to adopt RACT for existing and new CTGs, RACT on major (50-ton) non-CTG , .
sources, enhanced I/M in MSAs above 100,000 and Stage II or equivalent. No
opt-out of VOC measures. Major NOx sources meet same requirements as major
VOC sources unless EPA finds no benefit.
p ; CO and PM-10; Wintertime oxygenated fuels in all CO areas >9.4 ppm. Areas
> 12.7 ppm add VMT forecast, enhanced I/M and demonstrate attainment.
Serious CO areas add TCMs as in severe ozone areas. PM-10 areas initially
designated nonattainment must attain by 12/94 (possible extension to 2001).
Moderate areas adopt RACM; serious areas add BACM. Serious CO and PM-
10 areas adopt measures to achieve 5% reduction per year effective upon failure
to attain.
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_ .'/ ' ' / B / , . .',; \ |M . f, ,_ ". i' "'; '"^ ''
Title II - Mobile Sources
ng Standards; Cars and light trucks: Tier I is ^SfflC, 3.4 CO *nd 0.4
Possible Tier II is 0.125 NMHC, 1.7 CO and 0.2 NOx^ Her I phased in
Fffitiveness of Her II in 2004 depends on EPAi study of need, :
^SctS/ Ireful life tended to, 100,000 iniles for most
emission, standards. ; . . . . ,
r»M Temnerature CO; Phase-in beginning in 1994 of 10 gpmat 20 degrees F for
cars. A ^4 ^m standard takes eifecTin 2002 if 6 or more cities are m Q ,
nonattainment in mid-1997. '
Clean Fuels: In 1998 all centrally-fueled fleets in 26 areas must buy 30% of
^SttSt meetstandards of 0.075 gpm VOC and 0^ NOx; nojosdc standards.
Iffu^ve^^^t being offered for sale m C^for^the prpgram." delayed
possibly until 2001. Purchase requirements mcreaseio 70% in 3rd year.
In 1996, 150,000 clean fuel cars are required to be sold in California; in?rea^i to
300 000 ner year by 1999. These cars must meet a standard of 0.125 gpm VOC.
Rm's^ Wns in ^2001 mth cars meeting fleet-type standards. Other cities can
opt-in to program. , , , , !
Tgpfnrmiilflted Gasoline: Beginning in 1995 reformulated gasoline inquired in the
9 wSoS SK minimlam oxygen content (2.0%), benzeneXl.0%), aromatics
ZS^Cs andtorics reductioiis (15%^ up to 20^5% m 2(M)0), CUies ican opt-in.
Oxvfuels; Beginning in 1992, gas in 41 Cb areas must have 2;7% oxygen level in
winter months. ; ; ;
Urban Buses; Delays diesel particulate standard i from 1991, to J9/3%Begiimin^in
1994 all buses must meet a PM standard of 0.05 g/hphr (if not feasible lEPA will
set at 0.07). Based on performance EPA may implement a low polluting bus
program in larger cities. ".; .
Refueling; After consultation with DOT on safety issues, EPA required to
promulgate onboard controls. Stage II requirements vary by classification.
Volatility; 9 psi in most of the country beginning 1992; EPA can set lower levels in
warmer areas, but cannot require any standard below 9 psi in attainment areas.
pesulfurization; Diesel fuel highway use limited to 0.05% sulfur by weight.
Air Toxics; Based on a study of mobile source-related toxics, EPA will regulate, at a
.minimum, emissions of benzene and formaldehyde.
Non-road Engines; Based on a study, EPA may regulate any category of non-road
engines that contribute to urban air pollution. At a minimum, EPA must control
locomotive emissions.
Lead in Gasoline; As of January 1, 1996, lead banned from .use in motor vehicle
fuel. .
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Title III - Air Toxics
of Pollutants and Soui^e Categories: Law lists 189 hazardous air pollutants;
One year after enactment EPA lists source categories; (industries) which emit one or J.
more of the 189 pollutants. In 2 years, EPA must publish a schedule for regulation
of the listed source categories.
o Maximum Achievable Control Technology (MACTh MAC* regulations are
emission standards based on the best demonstrated control technology and
practices in the regulated industry., MACT for existing sources must be as'stringent
as the average control efficiency or the best controlled 12% of similar sources
excludingsources Whichhave achieved the LAER within 18 months prior to .-'.
proposal or 30 months prior to promulgation. MACT for new sources ;must be as
stringent as thebest controlled similar source. Fpralf listed major i>oint sources,
EPA must promulgate MAGT standards - 40 source categories plus coke ovens
within 2 years and 25% of the remainder of .the list within 4 years. An additional
''. C. '" 25% in 7 years and the final 5O% in 10 years. : v
o Residual Risk; Eight years after MACT standards are established (except for those
established 2 years after enactment), standards'.to protect against the residual
> health and environmental risks remaining must be promulgated, if necessary. The
standards would be triggered if more than one source in a category exceeds a ;
maximum individual risk of"cancer of 1 in:1 million. T*ese residual risk
regulations would be based on current CAA language that specifies that standards
,^ must-achievean "ampleinargin;Of safety". ( ; -
o Accidental Releases; Standards to prevent against accidental release of toxic
chemicals are required. EPA must establish a list of at least 100 chemicals and
threshold quantities. All facilities with these chemicals on site in excess of the
threshold quantities would be subject to the regulations which would include hazard
assessments and risk management plans; An independent chemical safety board is
established to investigate major accidents, conduct research,/and promulgate :
regulations for accidental release reporting.
o Other Issues; A study of area source emissions and a strategy to reduce the cancer
incidence from these emissions by 75% is required. Regulation of source categories
accounting for 90% of the emissions of the 30 most hazardous area source
pollutants. Coke ovens can receive an extension of the residual risk standards until
2O2O in exchange for compliance with stringent emission standards. Air toxics
regulations of utilities will be based on the results of toxic emissions studies. A
study of deposition to the Great Lakes, Lake Champlain, Chesapeake Bay and
coastal waters will determine whether additional regulation is needed. Regulations
are required for all types of municipal waste combustors and an exclusion for
facilities which burn 30% or less municipal waste.
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- -V -? ''. >.' ' "' ' .-".-
Title IV -Acid Rain
2000.
Sd a requirement :tb Offset excess tons in future years.
sales dtions of allowances.
Phase!- S02 emission reductions are achieved in two phases. Phjiset aUowances
£
Sk±3? UnTts'Wnois, Indiana or Ohio ^allotted a pro rata share of ;an
additional 200,000 allowances annually during Phase l.
(
Phase II- Phase II begins in icm All utility ^ units greater than 25 MW that emit
' will be allocated allowances/at that rate ^
than would have been received based on
OO b^us allowances are allotted to plants in 10 midwestern
states that make reductions in Phase I.
- Utility NOx reductions will help to achieve a 2 million ton reduction from
0 \SSSSSSSfM be accomplished through requ^d ^ performance^
standards for certain existing boilers in Phase I, and others in Phase II, EPA win
develop a revised NOx NSPS for utility boilers.
Repowerine: Units .repowering with qualifying Clean ^aJJ*d^je^
year extension for Phase II compliance. Such units may be exempt from New Source
Review requirements and New Source Performance Standards.
Conserve5 ft ^"^«We -Energy; These projects may be allocated a
portion of up to 300,000 incentive allowances.
pnn m«1 Technnin^s fCCD: Certain CCT demonstration projects may be
exempl ; from NSPS, NSR, ^ and Title I nonattainment requirements.
Monitoring; Requires continuous emission monitors or an equivalent for S02 and
NOX and also requires opacity and flow monitors. ,
'\\ ^
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'.,-.-=-.- .
Title V - Operating Permits
Within 3 years of enactment, States must develop operating permit programs. EPA
rSews for approval based on regulatory guidelines EPA issues within one year of
enactment, _,
Permits will apply to major sources covered under Title I, as well as sources
covered by other titles of the Act. *
All sources subject to the program must submit permit applications to the state
within 1 year of the effective date (i.e., date of EPA approval) of Che Mate program.
The state must establish a schedule for acting on initial permit .applications which
assures that at least a third of these submitted applications will be acted upon
annually for 3 years. -'.':" ".,'.': ''"^^'^'f:., -. v ";; -'' :-/-'1 '.-,, -.-;".:'., ; ."".' '-.- .-.
the state must issue permits for a term of iip to > five years. Permits must include
all Clean Air Act requirements applicable to the source. They must also include a
schedule of compliance and applicable monitoring ai|d reporting requirements.
Sources must pay permit fees to coyer the costs i of the permitting program.
niust veto a permit if it does not comply with any applicable Clean Air Act v
'requirements." . ' . ":; ;/: -. -.'-, .-.' .' ' '."':;N '.: ": . :-:--/ *' ' -;';J '> '.',.. . .-'' '.-
/- . - ^-" ' " :' ,-'' . , ." ':, ..''* . '. :-:- ' ..''" -"./. '".- '
The public may sue to compel EPA '-to perform nondiscretionary duty if EPA fails to
veto a permit that does not ;coinply *wth ^ the Act; Such cases are reviewable in the
Federal Court of Appeals. : : '"-'.''''.
Once issued, the permit ^ replaces the ^^ otherwise applicable requirements specifically,
identified in the permit, but EPA may require that the permit be reopened for
cause. A permit with a term of 3 or more years must be reopened if new
requirements applicable, to the source ",10$ promulgated.
EPA may impose sanctions if a state fails to resubmit an approvable permit
program aftet EPA has determined the initial submittal is deficient.
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K^§sp?
:-''r:-T\f.^mmmm^^
\--<--'y-:^'W&?W*ffir-i&$&-
1 ' ..;.' ', . ;'-Pv «" fi'fifST *a: Vf.>'"'"*
& Global Climate PWtoc^-Jv.;^';^^|^^
Title VI - Stratospheric Ozone
. ' " ' ,,
:
.-.,','
listing: EPA must list specified ozone depleting substances .
eSone-depletion potential, chlorine/bromine loadings, atmospheric .
SS^rming potentials within 60 days after enactment. EPA,to add to list at
least every Shears substances meeting specified criteria.
Phg^p^: Piase^ut dates are simUar to Montr^^
CFCVhalon and carbon tetrachloride; 2002 for methyl chloroform), but wth more
strtogent interim reductions, Class II (HCFG) substances phased out by 2030.
Class I b 1231. ,
:erim reauciumsi v.m»a « v*»vx»-v/ ».»... ^.r-.---T -vn-
for Qass I required within 10 mpnths, ClassII by 12/31/p?.
'',. -..' :, .' , "_.'"',;". '" .'-, : s:- ' ' ' .
Exchange; Requires a net environmental benefit from ^^^"W^?^
produce controUed substances. Regulations required within 10 months after
enactment. _ ; -..'".'. .';". .. ':---;-"--.->'.^ ' ..-'.'.:-''
....;
Keeling/Use Limits; Restricts use and emissions tq,LAER, requires maxunum
riding and safe disposal for CFC refrigerants within 2 ,ygrs, all Bother class, ^a
II substances within 4 years. lUegal to vent class I or II refrigerants after 7/1/92.
Prohibition on venting any envirbnmentally^hannful substitute ; refrigerant .after 5
' ' ' ' " ''' "' " ''' '"' '
years.
Mobile Air Conditioners; Mandatory recycling after 92. Certification of ^
equipment and personnel. Ban on small containers ^ (except certified ^^ personnel).
Nnnessential Products. Bans nonessential products that result in releases of class I
substances within Shears, Beginning 1!?H ban use of class II ^stances in __
aerosols and non-insulatmg foams, with exemptions for flammability and safety.
Regulation 1 year after enactment, effective after 2 years.
Labeling. Mandatory warning labels on all containers of products made with and
containing class I or class II substances (depending, in some cases, on availability
of safe alternatives). Regulations required within 18 months after enactment,
effective 30 months after. In case of labeling, requirements applicable to containers
of Class I and II substances and to products ^containing Class I substances. AH
products must be labeled by i015. " . '
Safe Alternatives. Requires prior notice of sale of new and existing chemicals for
significant new use as substitute. EPA to publish list of safe and unsafe uses of
substitutes for Class I and II as identified. Gives authority to restrict the use of
unsafe substitutes. Rules required within 2 years after enactment.
Procurement. Requires all Federal Agencies to amend their procurement regulations
to maximize the use of safe alternatives for Class I and II substances. Regulations
required within 18 months after enactment, effective 30 months after.
Methane. EPA to publish 5 reports to Congress within 2 years, and 1 follow-up
report within 4 years.
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Title VII - Enforcement
o Enhances Enforceabilitv; Makes the CAA more easily enforceable and consistent
with recent environmental statutes, like the Clean Water Act and the Resource
Conservation and Recovery Act. A broad array pf new enforcement authorities, from
"traffic tickets" to criminal felonies, are provided to better match the penalty to the
severity; of the violation. However, some changes also liniit enforceinent m hew. ways.
Violations; Criminal violations ^ ^ upgraded from misdemeanors to felonies,
consistent with other environmental statutes. V; \ : , ';
o New Criminal Sanctions: Wm^^b^ negligent
endangennent in connection with air toxics.; / , c ^ v
o Penalties; EPA may issue adntinistrative, penairy orders up to $200;000 and field
', citations for minor violations' up to $5,000, rather than taking every violation to
court. EPA may issue administrative subpoenas. Sources may challenge
assessments in administrative hearings aiid District Court.; /,
o Scope; Duration and scope of emergency orders are expanded. Authority to issue,
administrative compliance orders to sourees is efspanded to authorize schedules of
' -.: - -up; to 1 year.. '_;..'. ,/.;\ . ;-!-.. ': /.... .'. ''.-'' '>.:---'. : :'. '' : ." . '\.--.. ':-- :- ' ;-';;
o Restrictions; Definitions ^ of the terms >pperator" *nd [ "person", which immunize
many potential violators from enforcement, are; restricted. : ;
o Citizen suit; Provisions are revised to allow courts to assess penalties as well as
'enjoin violations. The money will go to a special U.S. Treasury fund. Money may be
designated for air compliance activities, or mitigation projects. District Courts are
given jurisdiction over suits against EPA for unreasonable delay.
6 Oversight; Effective federal oversight of citizen suits is provided through additional
notification requirements.
o Punishment; The ability to prove and adequately punish ongoing and recurring
violations is strengthened because the burden of proof is on the defendant for the
purpose of determining penalty liability once the government shows that a violation
- has occurred. Once a violation has been proven, any credible evidence is admissible
to show that the violation continued.
o Contractors; Listing authority (by which violators are baired from receiving
government contracts, grants and loans) is revised so that all criminal convictions
result in debarment. EPA is noj explicitly allowed to use contractors for inspection
purposes, ^
7
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Title VIII - Miscellaneous Provisions
,,/'-*" r" *
. ' .-.'' . 1 'I \
Outer rnntinpntHl' Shelf IOCS); Program to control air pollution from sources on
SSScBffi
same standards as onshore areas. Exemptions possible if the Admimstrator finds
that compliance Is technologically infeasible or will cause an unreasonable threat to
health and safety. States adjacent to OCS sources may implement and enforce^
requirements if approved by the Administrator. Within 3 years of enactment the
Secretary of the Interior will conduct a study of areas adjacent to Texas, Louisiana,
Mississippi and Alabama, examining the impacts of emissions from Outer
Continental Shelf activities. ; ) / -
Establishment nf program t» ynnmtor and improve air quality In rePP"? alpngihe
iSrZ between t& T&trf States and Mexico; Programletfectiye ^through July 1,
1995. Monitoring conducted to determine the sources of pollutants for which
NAAQS have been established. The information will be used to aid in the process
of attainment for sources out of compliances with the NAAQS. The Administrator
can negotiate with Mexican representatives to.reduce thelevelof airborne . ^
pollutants and achieve NAAQS in regions along the U.S./Mexico border. Each year
the Administrator will give an annual report to Congress concerning the status of
the program and the progress oif reaching attainment in, border regions.
Visibility; Each year, for JS years, $ 8 million will be allocated to conduct ^tu
which wiU identify and evaluate sources and source regions of both visibility
impairment and Class I regions. Research includes expansion of monitoring m
Class I areas, assessment^ Sources affecting visibility, adaptation of regional air
quality models and studies of atmospheric chemistry and physics pertaining to
visibility. 24 months after enactment, Administrator will conduct an assessment of
how the Clean Air Act Amendments are affecting Class I areas. The Administrator
can establish Visibility Transport Regions if two or more affected states petition the
Administrator that the interstate transport of air pollutants is negatively affecting
visibility in Class I areas. In conjunction with the transport region, a commission
shall be designated. The Commission will evaluate data, studies and information
pertaining to adverse impacts on visibility. Based on the evaluation, action may be
taken to remedy any negative impacts. The Administrator shall establish a Qrand
Canyon Visibility Transport Commission within 12 months of enactment.
International Border Areas; Provides that an implementation plan or revision shall
be approved by the Administrator if; it meets all of the Act's requirements except
attainment of NAAQS because of emissions emanating from outside the United
States. States that can prove that they cannot meet ozone, CO or PM-10
attainment levels by, the applicable deadline because of emissions from outside of
the U.S. shall not be penalized.
Other Kev Provisions; - Grants For Support of Air Pollution Planning and Control
Programs, Section 808 - Renewable energy and energy Conservation incentives and
Section 817 - The Role of Secondary Standards.
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V ;vi.-/-^ ^ Title IX - Cleaner Research ., , ', ' , . ,::.:T} ',:,.'.'.;'.-'
Monitoring and modeling; Research calls for improved methods and techniques for
measuring individual air pollutants and complex mixtures, and for addressing
urban and regional ozone. Maintenance of a national monitoring network to assess
the status and trends of air emissions, deposition, air quality, surface water quality,
forest conditions and visibility is required.
o Health effects; !^A will study the short and long-term health effects associated, with
exposure to air pollutants and develop methods to assess risks from these
pollutants. An interagency task force, led by EPA, will coordinate the research.
EPA is required to prepare environmental health assessments for all listed
hazardous air, pollutants. ,
o Ecosystem; Studies for improving our understanding of ecosystem effects from
individual and multiple air pollutants, including the effects of air pollution on
water quality, forests, biological diversity, and other terrestrial and aquatic systems
. exposed to air pollutants. ' < ; / .
o Accidental Releases; Research calls for improvements in predictive models and ., :
' response technology for accidental releases of dense gases. EPA will oversee the .
research using the Department of Energy's Liquefied Gaseous Fuels Spill Test
Facility for .the experimental work. ; % . . ;.
o Pollution Prevention and Emissions Control; Research is required to develop .
technologies and strategies for air pollution prevention from stationary and area
' ''source's.. '; ' '--. .-'. '.::v.'.v ' ' ~; .-"..'-' ' . '.'"' ".'-. . ..... ' ' . . '.; '
o Ac»d Precipitation Research Program; Continuation of research by an intra-agehcy
task force. It will review the status of research activities conducted to date and
submit to Congress a revised plan that identifies key research gaps and establishes
" , a program to address current and future research priorities. EPA is required to
sponsor specialized acid deposition studies and to have the results of its research
efforts included in Task Force reports. .
o Clean alternative fuels; Research directs EPA to identify, characterize and predict
air emissions and other potential environmental effects associated with alternative
fuels. EPA is required' to determine the risks and benefits to human health and the
environment relative to those from gasoline. .
o Other Studies; Coordinate research with appropriate Federal agencies. Study of
control technologies used in other industrialized countries. A six million dollar
research effort on the effects of acid deposition on waters in the Adirondack region.
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Title XI -Clean Air Employment Transition Assistance
' ' . ' . - . ,.'.. ?
; Amends Title III of the Job Partnership
per year for 1*91-1995 allocated to >JTPA
A
Tito assdslted workers, the majority of who will likely be high sulfur
coa] I miners* dislocated because of implementation of the acid ram title,
Funding: Ninety-five percent^ the funding f^J^S£
programs and the remaining five percent will be used to administer the .
SSenTof Labor will administer the program. Regulations must be developed
within 180 days of the bill's passage.
Benefits; In addition to the benefits currently available to dislocated workers
Sugh JTPA Title III, people will be able to receive job search Allowances,
rSion a^sistSlce; needs related payments and extended monetary assistance.
ESded monetary assistance will be available to ^dislocated workers who have ^
SSausted their unempldyment insurance benefits as long as their are in qualified
training or educational programs. ; , ;
c ; Currently, JTPA Title IHV can provide the - .
mened ove because of /constraints in the way the program is
operated, these benefits are not provided frequently. Title XI ensures that
dislocated workers, if eligible, receive benefits.
The intent for providing further monetary assistance, in the form of needs
related payments, is so that workers, who are adjusting lo a career .change .
and are enrolled in training or educational programs that^ceed the period
of time for which they receive Unemployment Insurance (UI), are able to
complete training or education with further monetary assistance.
Eligibility; Payments will be awarded to a dislocated worker, if he Is. enrolled in
training or an educational program, and either he pr a member of his family has an
income level below the state poverty income level. Payments will be equivalent to
either the amount a person was receiving from their UI, or enough so as to bnng
the person up to the poverty level.
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CLEAN AIR ACT AMENDMENTS OF 19(90
GLOSSARY OF TERMS
U.S. EPA
November 15,1990
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Acid Deposition>. t*'Apid Rain"J, -- i A cbmplex, chemical :,and
atmospheric-phenomenon ^that pccu>^ w^ ;
nitrogen^ compounds and- pth^substsnces are>transformed^ chemical
processes;in the atmosphere:, y of ten far-from the original sources^
and then -.
Attainment Ar«a. An area considered to have ?iir quality as good
as or better than the National Ambient Air Quality Standards as
defined in the Clean Air Act. An area may be an attainment area
for one pollutant ihd a nori^attainment area for others.
B«st Availmbl« Cpntrol M«aaur« (BAqM>* A term used in the House
bill referring to the "bfest" measures (according to EPA guidance)
fdr coritroliing small or dispersed sources of particulate matter,
such as roadway dust; woodstoves, and open burning.
carbon Xonpzid* (CO). ~ A colorless, odorless gas which is toxic
because -of its tendency to reduce the oxygen-carrying capacity of
,,the blood. , ''.'"'',,-'. ' ;V ...'' r- - '-.'';' ", ._'.. ''. '-..
Clean Coal T«Phnology. -- Any technology not in'.widespread use as
of the date of enactment of the Clean Air Act amendments which will
achieve significant reductions in pollutants associated with the
burning of coal.
Cl«an Fu«l». , Blends and/or substitutes for gasoline fuels.
These include compressed natural gas,, methanol, ethanol, and
others. './'',.. ';. .-. .. : _ ', ''''- ' . . ''"',
Cok« Ov«n. --An industrial process which converts cpal into coke,
which is one of the basic materials used in blast furnaces for the
conversion of iron ore into iron. '
Cold T«Bp«rmtur« CO. A standard for automobile emissions of
carbon monoxide (CO) to-be met at a low temperature (i.e., 20
degrees F.). conventional catalytic converters are less efficient
upon start-up at low temperatures.
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Control Technique* Guideline (CTG) i Guidance documents issued
bv EPA which define reasonably available ;c6ntrpl technology (RACT)
to £ «»iud tb "existing facilities, that* emit certain threshold
quantities of air pollutants; .they contain Information both on the
economic and technological feasibility of available techniques.
"'""' '
CFC. (Chlorof luorocarbpns) . A family of inerl^^nc^xic^ and
easily-liquefied chemicals used in refrigeration^ air conditioning,,
packaging? insulation, or as solvents or aerosol propellants.
Because CFCs are not destroyed in the lower atmosphere they dr if J
into the upper atmosphere where the ^chlorine is released and
destroys ozone. .. ' " -.' _: " >,-'-.:' . - ...;;. ' ' \. '..;'. '
CFC-12. A chlorofluorocarbbn with a trademark name .of Freon,
commonly used in refrigeration and automobilfe air .conditioning. :
Emission Control Diagnostics » Computerized devipes placed ^on
vehicles to detect malfunction of emissions /controls and notify the
owner of the need for repair. .- . ^ "
Enhanced inspection ft Maintenance (Enhanced IftM) . -- An ^improved
automobile inspection and maintenance program that includes, as a
minimum, increases in coverage of vehicle types and model years,
tighter stringency of inspections and improved management practices
to ensure more effectiveness . This may also include, annual^
computerized.
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Inspection « Maintenance XI*M). A program providing for periodic
inspect ions-of motor vehicles to ensure that emissions of specified
pollutants are not exceeding established limitations.
Lov NOx Burners. .One of several, combustion technologies used to
reduce emissi6ns;of NOx. ' ,
Maximum Achievable- Control Technology (MACT).~ ,~ Emissions/
limitations based on the,-best demonstrated control technology or
practices in similar sources to be applied to major sources
emitting one or more of the listed toxic pollutants.
Montreal Protocol. An international environmental agreement to
control chemicals that deplete the ozone layer. The protocolfj
which was renegotiated in June 1990, calls for a phase-out of CFCs,
haloris, and carbon tetrachldride by the year 2000,-a phase-out of
'chloroform by 2005, and provides financial assistance to help
developing countries ;malce the transition from ozone-depleting
'substances..'/ '"'-"'\-''.'""--. .- '' />. -- ' : . '''. - ....-.,.- ; >' -'- . ' ;-
NOx (Nitrogen Oxides). --Chemical compounds containing nitrogen
and oxygen; reacts with volatile organic compounds/ in the
presence of heat and sunlight to form ozone. It is also a major
precursor to acid Jraih. Nationwide; approximately 45. percent of
NOx emissions come from mobile sources, 35 percent from electric
utilities, and is percent from industrial fuel combustion.
- Onboard Controls.>- beyices placed on vehicles to capture,gasoline
vapor during refueling and then route the vapors to the engine when
the vehicle is started;so that they can be efficiently burned.
Oxygenated Fuel»i Gasoline which has been blended with alcohols
*or ethers that contain .oxygen in order to reduce carbon monoxide
and other emissions. , .
Oione. ~ A compound consisting of three oxygen atoms> that is the
primary constituent of smog. It is formed through chemical
reactions in the atmosphere involving volatile organic compounds,
nitrogen oxides, and sunlight. Ozone can initiate damage to the
lungs as well as damage to trees, crops, and materials. There is
a natural layer of ozone in the upper atmosphere which shields the
earth from harmful ultraviolet radiation.
PM-10. A new standard for measuring the amount of solid or
liquid matt.er suspended in the atmosphere ("particulate matter").
Refers to .the amount of particulate matter over 10 micrometers in
diameter. The smaller PM-10 particles penetrate to the deeper
portions of the lung, affecting sensitive population groups such
as children and people with respiratory diseases.
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r
Reasonably Available Control Measurec (RACM) . -- A ;broadly defined
term referring to technologies and other measures that can be Used
to control pollution; includes Reasonably Available Control,
Technology and other measures. In the .case of PM-JLO,, it refers to
approaches for controlling small or dispersed source categories
such as road dust -, woodstoves, and open burning,,
Reasonably Available control Technology XRACT) . -- .-An..' emission
limitation on existing sources in non-attainment areas, defined by
EPA in a Control Techniques Guideline (CTG) and adopted and
implemented by States . " '; ' , ;. -' '-''.' x V :' -'.,' .' ' -:, '.'- .'
Reformulated Gasoline. Gasoline with a different
from conventional gasoline (e.g., lower aromatics content) and that
results in the production ! of lower. levels of air pollutants.
Repowering. The >- replacement of an existing coal-fired boiler
with one or more clean coal technologies , in Order to achieve
significantly greater emission -reduction relative to ^the
performance of technology in widespread use as of the enactment of
the Clean Air Act amendments. s , ' '
Residual Risk. -* The guantity of health risk remaining after
application of the MACT (Maximum Achievable Control Technology) .
Sanctions. Actions taken against a State or local government by
the Federal government for failure to plan or to implement a SIP.
Examples include withholding of highway funds and a ban on
construction of new sources. .
Stage II Controls. ~ Systems placed on service ;station gasoline
pumps to control and capture gasoline vapors during automobile
refueling. ', ' , ' - , - v _.''"'...',/ -' - ' ,.
State implementation Plan, (SIP) . Documents prepared by states,
and submitted to EPA for approval , which identifies actions and
programs to be undertaken by the State and its subdivisions to
implement their responsibilities under the Clean Air Act.
Sulfur Dioxide (SO2). A heavy, pungent, colorless air pollutant
formed primarily by the combustion of fossil fuels. It is a
respiratory irritant, especially for asthmatics and is the major
precursor to the formation of acid rain
Transportation Control Kea»ure» (TCM»i . ~ Steps taken by a
locality to . adjust traffic patterns (e.g., bus lanes, right turn
on red) or reduce vehicle use (rideshar ing, high-occupancy vehicle
lanes) to reduce vehicular emissions of air pollutants,
Vehicle Miles Travelled (VKT) . ~ A measure of both the volume and
extent Of motor vehicle operation; the total number of vehicle
miles travelled within a specif ied geographical area (whether the
entire country or a smaller -area) over a given period of time.
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e broanic Compounds (VOCa). r A group of chemicals that
in tS^tmosphere with nitrogen oxides in the presence of.
heat and flight to form ozone; does not include methane and
oXer^^SnpoS^determihedbyEPA to have negligible photochemical
reactivity. Examples of VOCs include gasoline fumes and oil-based
paints'. ,-'..!; / . ;.. : ''' .:" > - ' . ' "'-'. t
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CLEAN MR ACT AMENDMENTS OF 1990
LECISLATIVE CHRONOLOGY
U.S.EPA
November 15,1990
-------
-------
C!H1M>NOLOCT OT^
o JUNE 12, 1989 -President Bush announces the Administration's clean air proposal
which comprehensively addresses three areas »f environmental concern: acid
deposition, toxic air pollution, and urban air quality :
o JULY 21, 1589 - the legislative language interpreting the President's proposal is
submitted to Congress
o JULY 27, 1589 - the Administration's bill is introduced by House Energy and
Commerce Committee Chairman John Dingell (P-MI) as H.R. 3030 with 146
cosponsors (eventually 166); the measure is subsequently referred to the Energy and
Commerce Committee :
b AUGUST 3, 1989 the Administration's bill is introduced in the Senate by Senator
John Chafee (R-RI) as S. 1490 with 24 cosponsors (eventually 25); the measure is
subsequently referred to the Senate Environment and Public Works Committee
! " _. :.';;.'.' ' .' ' ' ; _ '. ..'.:.'' ; "';.' ".",. " /' ' .' .
o SEPTEMBER 13, 1989 - Health and Environment Subcommittee of the House
Energy and Commerce Committee holds first of 11 mark-ups on H.R. 3030 that
continue through October 11, 1989
o OCTOBER .11, 1989 -Health and Environment Subcommittee of House Energy and
Commerce held their final mark-up of the Administration's bill (H.R. 3030); the
measure, as amended, is sent to full Committee by a 21-0 vote
o OCTOBER 26, 1989 Environmental Protection Subcommittee of Senate
Environment and Public Works begins process of marking-up clean air legislation
o NOVEMBER 14, 1989 Environmental Protection Subcommittee of Senate
Environment and Public Works votes to include an Acid Rain title which is based
on the Administration's original proposal; the Subcommittee had no further action
on S. 1630
o NOVEMBER 16, 1989 Senate Environment and Public Works votes out a Clean
Air bill (S. 1630) by a 15 - 1 margin
o JANUARY 23, 1990 - Floor debate begins in the U.S. Senate
o . FEBRUARY 1, 1990 a group of bipartisan Senators begin meeting with
Administration officials in a month-long, closed door negotiation session on
amendments to S. 1630; during which, Senate floor debate is put on hold
o MARCH 5, 1990 Senator George .Mitchell announces agreement with the
Administration on several key aspects of clean air; this measure is the product of
the Administration and bipartisan Senate negotiations during February and served
as the vehicle for Senate floor deliberation (it would eventually become S. 1630)
1 * "
o MARCH 14, 1990 Energy and Power Subcommittee of House Energy and
Commerce reports H.R. 3030 out to full committee; the Subcommittee had
jurisdiction over the alternative fuels and acid rain provisions in the bill, but the
Chairman decided not to mark-up / amend ther measure
-------
_,
MARCH H 1990 - House Committee on Energy and Commerce begins public
mark-up of HJL 3030 - ',-*
' " ' . ' " ' ! ' u
APRIL 3,1990 - the Senate votes out the dent Air Act Amendm'ents of 1990} the
isorewtoassedby a voteof 89- 1L Tbe following Senators voted against,final
- ,^.w *\« « w» s »%_ _»__*_« £_n«-'ItS-v^M* ^VA/"II«M* , C*iaa»M>g ff2.oni fZumii
passage of ike bill: Btyid, Rockefeller,
Helms, NIcHes, mm& Wallop, ;, ,. ^,;,. -. - .., . ..., ( .;,- . .,.. -: ^ .-.
o MAY 17 1990 House Committee on Energy and Commerce reports H.R. 3030 out
of committee by a vote of 42 - 1} the measure then moved to the entire House of
Representatives ' . : ' " ;.,,.;-=/' ', ;' / "'V'' _'-.. '''..'...''.' / ''.''.'
o MAY 17, 1990 - House Committee on PubUc Works and Transportaton and the
House Committee on Wa^s and Means were given sequential referral of certain
aspects of HLR. 3030; both committees report the bill out on May 21,1990
o MAY 17,1990 House Committee on Ways and Means receives sequential referral of H.R.
3030 for a period ending no later than May 21,1990
o MAY 23,1990- the House of Representatives votes top^aiiewaean AirActby/ayote
of 401-21 '"_ ; '. " " ; ''. " :'...'.';." \":-- .* ::[. ,,','/,;','.. ':<:..
o JUNE 6,1990 the Senate announces their conferees for the Clean Air Act Amendments
of 1990. they are as follows: Senators Quentin Burdick (D-ND)* Daniel Patrick Moynihan
(D-NY), George Mitchell (D-ME),MaxBaucus (D-MT), John Chafee (R-RI), Alan Simpson
(R-WY), David Durenberger (RrMN) as vfell as Uoyd Bentsen (D-TX) and Bob Packwood
(R-OR) of the Finance Committee for the fee-related provisions ontyj all other conferees
are Senate Environment and Public Works Committee members
o JUNE 28,1990 the House of Representatives announces their conferees for the Clean Air
Act Amendments of 1990 - the list includes 138 House Members overall vdth representation
from seven committees, the six committees'Other than the Energy and Commerce will have
jurisdiction over their individual areas
o July 13,1990 -' House and Senate Clean Air Conferees hold their first joint conference.
During the first session, the conferees selected Senator Max Baucus (D-MT) as the
Conference Chairman
o October 22,1990 - House and Senate Clean Air Conferees reach final agreement on Clean
Air reauthorization and thus conclude conference negotiations
o October 26,1990 - The House of Representatives considers the conference report and
passes the measure with a 401 - 25 roll call vote
o October 27,1990The Senate considers the conference report and passes the measure with
an 89 - 10 roll call vote ,
o November 13,1990 - S. 1630, "The Clean Ah- Act Amendments of 1990," is submitted to
the President
o November 15,1990 The President signs the Clean Air Act Amendments
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