5351
905R77108
CLEAN AIR ACT AMENDMENTS OF 1977:
A SYNOPSIS
Region V
U.S. Environmental Protection Agency
Air Programs Branch
Air and Hazardous Materials Division
September 1977 i 1 ^.
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This summary of the Clean Air Act Amendments of 1977
(P.L. 95-95) was initially prepared by the EPA, Region X office.
We have modified the package for distribution within Region V.
During the coming weeks, more specific guidance will be provided to
your Agency regarding the specific regional impacts and state/Federal
actions required by various sections of the revised Act. In
addition, as further guidance and interpretations are produced
regarding the different sections, we will provide you with revised
synopses for inclusion in this package.
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Sec. 103(b) TRAINING
SYNOPSIS
- Administrator shall conduct training program.
- Adds language allowing training fees to be charged but specifically
exempting air pollution control agencies.
- Adds paragraph requiring administration to concult with House
Committee on Science and Technology on environmental and atmospherig
development and demonstration aspects and related reports regarding
above to the transmitted to the same committee.
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Sec. 105(b) and (e)
GRANTS FOR SUPPORT OF AIR POLLUTION PLANNING AND
CONTROL PROGRAMS
SYNOPSIS
New language allows Administrator, after due notice and opportunity
for public hearing, to waive requirement for air pollution control
agencies to maintain prior year's expenditure level to qualify for
a grant if cuts are across the board for the particular unit of
government involved.
New language requiring that each State receive no less than 1/2
percent of annual appropriation for grants. For FY '78 that means
$290,000.
No grant to a State may be disapproved without prior notice and
opportunity for public hearing in the State. Also no obligation
or commitment of any funds can be revoked without the same procedure.
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Sec. 107(d) AIR QUALITY CONTROL REGIONS
SYNOPSIS
Requires State to submit to the Administrator within 4 months a list
identifying air quality levels of its air quality control regions or
portions thereof, Within 60 days of submission, the Administrator
must promulgate the list with any necessary modifications, after
notifying and receiving comments from the State.
The Governor of a State may redesignate AQCRs for purposes of efficient
and effective air quality management. THe Governor of a State may
redesignate any AQCR which will affect other States with the
approval of the Administrator and the consent of the Governors of
all States which may be affected.
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• Sec. 108(b) CRITERIA AND CONTROL TECHNIQUES
SYNOPSIS
- In developing new air quality criteria and control techniques EPA
is now required to consider the cost of installation and operation,
energy requirements, emission reduction benefits and environmental
impact of emission control technology. Previously, only the tech-
nology and costs of emission control v/as required.
- The amendments also require that EPA reissue criteria of N02 con-
centrations over a 3-hour period by February 1978.
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Sec. 108(e) and (f) TRANSPORTATION PLANNING AND GUIDELINES
SYNOPSIS
- Within 6 months the Administrator must publish guidelines on basic
program elements for transportation and air quality maintenance
planning.
- The Administrator is required to publish guidelines within 6 months
on 4 basic transportation control measures (I/M, vapor emissions
from fuel transfer and storage operations, improved public
transit and programs to establish exclusive bus and carpool lanes
and areawide carpool programs) and within 1 year, information
on additional transportation planning measures. Information must
include an assessment of the effectiveness of the various measures,
their potential effect on transportation systems, and the environmental
and economic impact of such measures.
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Sec. 109 NATIONAL AMBIENT AIR QUALITY STANDARDS
SYNOPSIS
Requires by December 31, 1980, and, as a mininum, at five year intervals
thereafter, that the Administrator review the criteria published
under Section 108 and the national ambient air quality standards
and make such revisions and promulgate such'new standards as may
be appropriate. The Administrator shall appoint an independent,
seven member scientific review committee to perform the review
and make recommendations.
Requires the Administrator to promulgate a short-term national primary
ambient air quality standard for N02 (less, than 3-hour) within 1
year of enactment unless he finds that there is no significant
evidance that such a standard is required.
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Sec, 110 IMPLEMENTATION PLANS
SYNOPSIS
S110(a)(2)(D) State implementation plans are required to include enforceable
permit programs for nondegradation and nonattainment areas.
S110(a)(2) State implementation plans must:
(1) provide that after June 30, 1979, no major stationary source
shall be constructed or modified in any nonattainment area
unless the plan meets the requirements of Part D (relating to
nonattainment areas).
(2) require the owner or operator of each major stationary source
pay a fee to obtain any permit required under the Act.
S110(c) Authorizes the Administrator to delegate enforcement authority to
any general purpose unit of local government if he determines the unit
has the necessary legal authority in the case of a plan promulgated by
the Administrator.
A Governor of a State may suspend until January 1, 1979, any measure N
requiring:
(1) retrofits on other than commercially owned in-use vehicles,
(2) gas rationing which is disruptive and has widespread economic
or social effects, or
(3) reduction of the supply of on-street parking.
The State must first agree to submit a plan revision as determined by
the Administrator.
S110(a)(5) The Administrator may got require any indirect source review
program but may approve and enforce an indirect source review program
the State chooses to adopt and submit. The Administrator may not
promulgate any indirect source review program for an AQCR. He may
promulgate regulations for indirect source review programs which
apply only to federally assisted highways, airports and other
• major federally assisted indirect sources.
S110(a)(6) A State plan must provide that one of the conditions for use
of supplemental or intermittent control measures would be that the
source owner must agree not to make employees bear any of the
costs of periodic shutdowns or production curtailment which may
result from the use of such methods.
SllO(h) The Administrator shall publish a comprehensive document for each
State setting forth all requirements of the applicable implementation
plan and publish notice in the Federal Register of the availability
of such document.
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Sec. 110 IMPLEMENTATION PLANS (cont.)
REGIONAL IMPACT
- The above amendments will require that the Regional Office work with
the States to amend their implementation plans or, if necessary, EPA
will have to promulgate changes to the plans.
- We are required to publish at least the regulations and requirements of
each State implementation plan once a year.
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IU
Sec.' 110(f) ENERGY OR ECONOMIC EMERGENCY AUTHORITY
SYNOPSIS
The old Section 110(f) which allowed the Administrator to postpone
the applicability of SIP requirements for not more than 1 year for
sources because control technology was not available, has been
deleted. It has been replaced by a new section. Upon application
of a fuel burning stationary source, the Governor may petition the
President to determine that a national or regional energy emergency
exists of such severity that a temporary suspension of any part of
the applicable SIP may be necessary. If the President so determines
that an energy emergency exists, the Governor may issue a temporary
emergency suspension for a maximum of 4 months if the temporary
energy emergency involves high levels of unemployment or
loss of energy supplies for residential dwellings and the
emergency suspension will totally or partially alleviate the
problem. (The Administrator may disapprove such a suspension if
it does not satisfy the requirements) Any compliance schedule may
be delayed by the same amount of time.
A new section 110(g) is added which states: If a State has adopted
and submitted to the Administrator a SIP revision which the State
has determined meets the requirements and is necessary to prevent
the closing of a source for a year or more and which would result in
substantial unemployment, and which the Administrator.has neither
approved or disapproved within the required 4 month period, the
Governor may issue a temporary emergency suspension of the
part of the applicable SIP for a maximum of 4 months.
(The Administrator has disapproval power.) Any compliance
schedule may also be delayed.
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Sec. HI NEW SOURCE PERFORMANCE STANDARDS
SYNOPSIS
- 1) Requires EPA to promulgate NSPS regulations on an expedited
basis and essentially covering all major source categories within
the next four years.
- 2) Allows the establishment of specific technological requirements
in lieu of emission standards.
- 3) Allows some credit in meeting an emission standard through use
of precleaned fuels.
- 4) Allows EPA to grant waivers which authorizes the use of innova-
tive technology.
- Requires EPA to substantially upgrade NSPS for power plants to require
the use of BACT to preclude the use of low sulfur coal. The new emis-
sion standards are established.
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Sec. 112 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
SYNOPSIS
- A new subsection (e) is added which allows the Administrator to
promulgate a design, equipment, work practice, or operational
standard, or combination thereof in place of an emission standard
if such is not feasible to prescribe or enforce for a variety of
reasons. The Administrator can approve alternative means of
emission limitation for a source after notice and opportunity for
public hearing, if it will achieve at least equivalent reduction.
Any standard promulgated under this subsection shall be promulga-
ted as an emission standard when it becomes feasible to prescribe
and enforce such a standard.
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Sec. 113 ENFORCEMENT PROVISIONS
SYNOPSIS
- 1) Allows EPA to prevent the construction or modification of
sources in areas where the NAAQS will be exceeded.
- 2) Authorizes the courts to impose civil penalties of up to
$25,000 per day for violations of the Act.
- 3) Allows the court to award costs of litigation to the source
upon which an unreasonable Section 113 action was brought.
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Sec. 113(d)(l)-(4) COMPLIANCE ORDERS
SYNOPSIS
- 1) Authorizes states and EPA to issue enforcement orders requiring
compliance in not more than 3 years' delay.
- 2) An order must have been proposed for public comment and be ap-
proved by EPA as being in accordance with the Act.
- 3) Any sources not in compliance with an applicable SIP by July 1979
will be required to pay a noncompliance penalty.
- 4) If the source intends to comply by closing or replacing a facility
or changing its production process a forfeitable bond must be posted.
- 5) If innovative technology is to be used to attain compliance the
source may have up to five years to meet SIP requirements.
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Sec. 113(d)(5) COMPLIANCE ORDERS
SYNOPSIS
- (A) If a major stationary source is prohibited from burning pet-
roleum products or natural gas through a provision of the Energy
Supply and Environmental Coordination Act of 1974 (ESECA) or a
curtailment schedule approved by the Federal Power Commission, the
Administrator may issue a compliance order requiring compliance by
December 31, 1980 after prior concurrence from the Governor of the
State. One additional order may be issued providing an additional
5 years to comply with the applicable implementation plan.
- (B) The Administrator shall prescribe emission limitations or other
measures necessary to assume that prior to the compliance date, emis-
sion from the source will not cause or contribute to exceedances of
any national primary ambient air quality standard.
- (C) The Administrator may establish priorities by which manufacturers
of continuous emission reduction systems shall provide the systems to
the sources.
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Sec. 113(d)(6)-(12) COMPLIANCE ORDERS
SYNOPSIS
- Sources issued compliance orders shall use the best practicable.
system(s) of emission reduction and meet compliance schedules (as
determined by the Administrator) prior to the required compliance
date. If the Administrator determines a source is in violation of
any requirement, he may:
(1) enforce the requirement,
(2) revoke the order (after notice and public hearing) or
(3) take action under Section 120 (Non-compliance penalty).
- During the period an order under this section is in effect, no
other enforcement action under this section or section 304 of the
Act shall be taken based upon noncompliance with, the implementation
plan.
- Any order issued by the State and approved by the Administrator shall
become part of the applicable implementation plan.
N,
- Any enforcement order in effect on the date of enactment of the
amendments shall remain in effect to the extent it is consistent
with Section 113(d) but shall adhere to the compliance date cf
July 1, 1979.
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-,..'
Sec. 114 NOTICE TO STATE IN CASE OF CERTAIN INSPECTIONS, ETC.
SYNOPSIS
Prior to carrying out an entry, inspection or monitoring of a source
EPA must provide notification (written or oral) to the State.
The right of entry was expanded to include all sources except motor
vehicle manufacturing.
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Sec. 115 INTERNATIONAL AIR POLLUTION
SYNOPSIS
Provide a mechanism for the Administrator to trigger a revision of a
SIP under Section 111(a)(2)(H) upon the petition of a duly consituted
international agency or the Secretary of State if he finds that emissions
originating in a state reasonably may be anticipated to endanger public
health or welfare in a foreign country.
Requires a plan revision only to the extent necessary to prevent or
eliminate the endangerment in the foreign country.
Currently existing recommendations resulting from abatement conferences on
non-crieteria pollutant shall remain in effect, unless Administrator, with
agreement of all participants, rescinds such recommendations on grounds
of obsolescence.
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Sec. 117 PRESIDENT'S AIR QUALITY ADVISORY BOARD AND ADVISORY COMMITTEES
SYNOPSIS
- Deleted Advisory Board and all reference thereto.
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Sec. 118 CONTROL OF POLLUTION FROM FEDERAL FACILITIES
SYNOPSIS
- Each department and agency of the Federal Government having jurisdiction
over any property or facility, or engaged in any activity resulting
in the discharge of air pollutants shall comply with all Federal,
State and local requirements, administrative authority, process,
and sanctions to the same extent as any nongovernmental entity.
Exemptions may be granted by the President if he determines it
to be in the paramount interest of the United States.
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Sec. 119 PRIMARY NONFERROUS. SMELTER ORDERS
SYNOPSIS
- (1) Authorizes EPA or the State (with EPA approval) to issue up
to two delayed compliance orders to nonferrous smelters.
- (2) The first order cannot extend beyond January 1983 and must
require the equivalent of a well designed, operated and maintained
acid plant, coupled with an enforceable SCS system and a research
and development program. If EPA does not approve a State issued order
then EPA must^conduct a public hearing. No additional control
technology can be required as a condition to first order unless EPA
demonstrates via public hearing that such control is reasonably
available to the entire industry.
The Act (as contained in the legislative history) does permit EPA to
require in the first order upgrading of acid plants either on an
industrywide or smelter-by-smelter basis. (It is not totally clear
who must bear the burden of showing technical feasibility of acid
plant upgrading.)
- (3) The second order cannot extend beyond January 1988 and must
contain a compliance schedule with increments of progress. The
ultimate level of control to which the compliance sche'dule leads must
first have been demonstrated to be reasonably available on a case-
by-case basis. A public hearing must be conducted prior to issuance
of the second order. The legislative history states that the burden
will be upon the source to show that a device is either economically
infeasible or not adequately demonstrated for meeting an
advanced level of control.
- (4) The Amendements require all smelters utilizing SCS to meet both
the primary and secondary ambient air quality standards.
- (5) Provisions have been made for waiver of installing constant
"\ . control if the smelter first shows that the cost would be so burdensome
to result in a permanent or prolonged temporary shutdown of the smelter,
A Title 5 Section 554 hearing must be conducted by EPA before a waiver
can be granted. EPA does have supoena power in this circumstance.
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/Sec. 120 NON-COMPLIANCE PENALTY
SYNOPSIS
- Establishes a new section which provides a system for the assessment
and collection of penalties from non-complying stationary sources by
the states or by EPA. The amount of the penalty would include capi-
tal costs, debt service costs, operation and maintenance costs and
thethe economic value gained by delay. The penalty only applies to
violations which occur after mid-1979.
- Exemptions can be granted under certain narrowly defined circumstances.
Those include coal conversion sources, or if the reason for not meet-
ing the applicable emission limits is entirely beyond the control of
the source.
- EPA's authority to assess non-compliance penalties is delegatable to
the state. The state then can retain the penalty collected.
- The section sets forth a detailed procedure to require an adjudica- ,
tory hearing if a source wishes to challenge an assessed penalty.
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Sec. 121 CONSULTATION
SYNOPSIS
- Requires States to provide a process of consultation with general
purpose governments, designated organizations of elected officials
of local governments and Federal Land Managers with regard to any
implementation plan requirements adopted after August 1978 for
transportation control of air quality maintenance plans, preconstruction
review of direct sources, or any measures related to nonattainment
requirements or PSD.
- The Administrator must publish regulations requiring adequate
consultation within 6 months of enactment, after notice and
public hearing.
X
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Sec. 122 LISTING OF CERTAIN UNREGULATED POLLUTANTS
SYNOPSIS
- A new section is added which requires the Administrator to
review within one year (two years for radioactive pollutants)
the relevant information and determine whether or not emissions
of radioactive pollutants, cadmium, arsenic and polycyclic or-
ganic matter may reasonably be anticipated to endanger public
health. If the Administrator makes an affirmative determination
for any such substance he shall simultaneously either include
such substance in the list published.under Section 108(a)(l)
(criteria pollutants) or 112(b)(l)(A) (hazardous pollutants),
it shall include each category of stationary sources emitting
such pollutants in significant amounts in the list published
under lll(b)(l)(A) (NSPS), or take any combination of such
actions. For radioactive pollutants, the Administrator is
required to coordinate and work with the Nuclear Regulatory
Commission. The Administrator is required to study the. effect
on public health and welfare of radioactive pollutants, sulfates,
cadmium, arsenic, and polycyclic organic material.
No court shall grant any stay, injunctive, or similar relief before
final judgment by such court regarding the promulgation, the
administration or enforcement action under this section.
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Sec. 123 STACK HEIGHTS
SYNOPSIS
- A new section is added with regard to stack height or other disper-
sion techniques such as supplemental control systems (SCS). The
degree of emission limitation required for control of any air pollu-
tant under a SIP shall not be affected by stack heights which exceed
good engineering practice or any other dispersion technique. This
requirement does not apply to stack heights in existence or disper-
sion techniques implemented before the enactment of the Clean Air
Act Amendments of 1970. For coal-fired steam electric generators
in operation before July 1, 1957, the effect of the entire height
of stacks under construction before February 8, 1974 may be taken
into account. The tern "dispersion technique" includes any inter-
mittent or supplemental control of air pollutants varying with
atmospheric conditions. Good engineering practice for stack heights
is the height necessary to insure that emissions do not result in
excessive concentrations in the immediate vicinity of the source as
a result of atmospheric downwash, eddies and wakes which might be
created by the source itself, nearby structures or nearby terrain
obstacles. Such height shall not exceed 2 1/2 times the height of
the source unless the owner or operator demonstrates that a greater
height is necessary. The Administrator may not prohibit any in-
crease in stack height or restrict in any manner the stack height
of a source. The Administrator must promulgate regulations for
this section within six months.
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Sec. 124 ASSURANCE OF ADEQUACY OF STATE PLANS
SYNOPSIS
- Within one year, each State must review the provisions of its
implementation plan relating to major fuel burning sources and
determine the extent to which compliance with the plan is
dependent on petroleum products, natural gas and coal which
is not locally available. The State shall submit the
review to the Administrator.
- Within 18 months after enactment of this section the Administrator
shall review State submissions and require, if necessary, any plan
revisions to assure compliance on a reliable and long-term basis
taking into account any prohibitions on use of petroleum products or
natural aas. under anv other authority of law.
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«
Sec. 125 MEASURES TO PREVENT ECONOMIC DISRUPTION OR UNEMPLOYMENT
SYNOPSIS
- The State, the President or the Administrator may require any major
fuel burning stationary source of 250 million BTUs per hour or greater
which is not in compliance with an implementation plan or is under
a coal conversion order, to use local coal to prevent local or
regional economic disruption or unemployment which might otherwise
result. The cost to the consumer must be taken into consideration
before any prohibition order is issued. The source shall be
required to (1) enter into long-term contracts for local or regional
coal, (2) enter into contracts for any additional pollution controls
which may be necessary and (3) comply with schedules necessary
to assure compliance with the Act.
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Sec. 126 TITLE I PART. A — INTERSTATE POLLUTION ABATEMENT
SYNOPSIS
- SIP shall require nevv sources subject to PSD or which may cause
NAAQS to be exceeded outside State where source is to be located,
to notify such State 60 days before approved state of construction.
- SIP shall identify all existing sources, as above, and provide notice
to affected States within 3 months of date of enactment of 1977
Amendments.
- State may claim a source violates or will cause to be violated
110(a)(2)(e)(i) (provisions for attainment/maintenance and PSD).
Administrator must confirm or deny within 60 days after receipt
of notice and public hearing.
- Enforcement provisions — violation of SIP if new source locates
and/or existing source operates more than 3 months. Existing
source may get up to 3 years following an approvable(ed) compliance
schedule.
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Sec. 127 TITLE I PART A — PUBLIC INFORMATION
SYNOPSIS
- SIP shall require regular (1) notification to public of primary
NAAQS exceedences in areas of State, (2) advise of health hazard,
and (3) advise public on methods to help keep exceedences to a
minimum.
- Grants to States for above are authorized.
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Sec. 128 TITLE I PART A — STATE BOARDS
SYNOPSIS
- Within 1 year SIP must require:
(1) Make up of State Board or other regulatory body must be
at least 50 percent representative of public interest and
not influenced by those regulated.
(2) Disclosure of potential conflicts of interest
- State may adopt more stringent requirements.
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Sec. 150-159 ' PART B OF TITLE I - OZONE PROTECTION
SYNOPSIS
- Purposes: Provide a better understanding of -
(a) human action on 03 in stratosphere
(b) effects of changes in 03 in stratosphere on human health
and welfare
(a) provide information on programs of regulating activities
affecting 03 in stratosphere
(b) provide information on need for legislation
- Findings:
(a) halocarbons reduce 63
(b) reduction in 03 leads to increase in solar radiation
(c) increased solar radiation tends to increase disease to humans
and damage to natural environment
(d) need to investigate other effects on ozone layer
(e) some regulatory authority does exist
- Administrator will conduct studies and undertake research.
- Department of Labor shall define effect of control of halocarbons
on employment.
- Administrator will report to Congress biennially on progress of
research and studies.
- Administrator shall report to Congress by January 1, 1978 and
again in two years the progress made to regulate halocarbons
and other substances affecting the 03 layers.
- Administrator can promulgate regulations as necessary
- Administrator shall propose regulations after 2-year study,
and shall take into account feasibility and costs of control.
"Promulgate regulations 3 months after proposal.
- Requires any state's authority to be identical to federal,
except for use of halocarbons as propel!ants in aerosol
spray containers.
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Part C PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY
(Section 160-169)
SYNOPSIS
- Immediate effective changes to regulations:
1. Initial classification of Class I areas:
a. International parks
b. National wilderness areas 5,000 acres
i
c. National memorial parks 5,000 acres
d. National parks 6,000 acres
2. Increments
Class I Class II Class III
New Old New Old New
Particulate Matter
annual geo. mean
24 hr. max,.
Sulfur Dioxide
annual arith. mean
24 hr. max.
3 hr. max
x
3. Area redesignation
a. Several categories are Class I or II only
b. Class I can't be designated Class III
- Other major changes which may or may not go into effect immediately
1. Designation of PSD program to States
2. Definition of sources subject to PSD
a. 100 tons/year potential of any pollutant for specific sources
5
10
2
8
25
5
10
2
5
25
19
37
20
91
512
10
30
15
100
700
37
75
40
182
700
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1) Fossil-fuel fired steam electric plants *
2) Coal cleaning plants (thermal dryers) *
3) Kraft pulp mills *
4) Portland Cement plants *
5) Primary zinc smelters
6) Iron and steel mill plants *
7) Primary aluminum ore reduction plants *
8) Primary copper smelters *
9) Municipal incinerators *
10) Hydrofluoric acid plants
11) Sulfuric acid plants *
12) Nitric acid plants
13) Petroleum refineries *
14) Lime plants *
15) Phosphate rock processing plants *
16) Coke oven batteries *
17) Sulfur recovery plants *
18) Carbon black plants *
19) Primary lead smelters *
20) Fuel conversion plants *
21) Sintering plants >
22) Secondary metal production facilities
23) Chemical process plants
24) Fossil-fuel boilers
25) Petroleum storage and transfer facilities
26) Taconite ore processing facilities
27) Glass fiber processing plants
28) Charcoal production facilities
b. Any source with 250 ton/year potential of any major pollutant
3. BACT will take into account energy, environmental and economic impacts.
4. For Class I areas, the Federal Land Manager can ask the State to issue
a permit if the plant will not have an adverse impact on air quality.
Increments similar to Class II would then apply.
5. Governor's variance from Class I for sulfur dioxide. Plant can exceed
increments on 18 days detailed as follows:
Sulfur Dioxide Low Terrain High Terrain (900 ft.
above stack)
24 hr. max. 36 62
3 hr. max. 130 221
6. Other pollutants (HCs, CO, Ox, NOJ will be studied, and if deemed
necessary, regulations promulgated for the pollutants within 2 years.
Original source subject to PSD
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7. Monitoring may be required for pre and/or post construction.
8. One year to process and grant permit.
9. For Class II, sources with less than 50 tons/year "actual allowable"
emission are exempt.
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.Part C - Sec 169A VISIBILITY PROTECTION
SYNOPSIS
- A National Goal - the prevention of any future and the remedying of
any existing, impairment of visibility in mandatory Class I areas
where impairment results from manmade air pollution.
- Within six months, the Secretary of Interior will identify Class I
areas where visibility is an important value. Within one year, the
Administrator will promulgate a list of areas in which he determines
visibility in an important value.
- Within 18 months, the Administrator shall complete a study and re-
port to Congress on available methods for implementing the national
goal. This report shall include methods for identifying, charac-
terizing, determining, quantifying and measuring visibility impair-
ment, modeling techniques and methods for.preventing or remedying
manmade visibility impairment. The report will also identify classes
or categories of sources and types of pollutants which cause or con-
tribute to visibility impairment.
- Within 24 months the Administrator shall promulgate regulations to
assure reasonable progress towards meeting the national goals and
compliance with the requirements of this section. The regulations
shall include guidelines for the states and require each applicable
SIP to contain emission limits, compliance schedules, a long term
strategy and other measures as may be necessary, including a require-
ment for existing major stationary sources (less than 15 years old)
which emit any air pollutant which may reasonably be anticipated to
contribute to any impairment of visibility, to install the .best avail-
able retrofit technology (BART) for controlling emissions." The
- Administrator will promulgate auidelines for fossil fuel fired power
plants 750 MW.
- The Administrator may exempt any major stationary source from re-
x • quirements of BART.
- "Manmade air pollution" means air pollution which results directly
or indirectly from human activities.
- "Visibility impairment" shall include reduction in visual range and
atmospheric discoloration.
- "Major stationary source" means any of the 28 types of facilities
(same as PSD) which have the potential to emit 250 TPY.
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*
PREAMBLE - PART D - NONATTAINMENT AREAS (OFFSETS)'
SYNOPSIS
- Section deals with present time up through July 1, 1979. The same
offset provisions basically still apply as documented in
December 21, 1976 Federal Register. This regulation can be
waived if an enforceable permit program is established that
requires new or modified sources to meet emission limitations
equal to that established under offsets and that existing
sources reduce emissions to level of RACT.
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Sec. 172 NONATTAINMENT PLAN PROVISIONS
SYNOPSIS
- (a)(1) After July 1, 1979 no major stationary sources may be
constructed or modified in a nonattainment area unless SIP revisions
have been submitted to achieve compliance with NMQS as expeditiously
as practicable, but with primary standards.no later than December 31, 1982.
— (a)(2) Revisions for CO and Ox primary standards attainment may
call for attainment as late as December 31, 1987, if all reasonable
measures will not provide attainment by December 31, 1982.
- (b) 11 plan revision requirements are spelled out.
- (e) If an attainment date between December 1982 and December 1987
is identified for CO or Ox, specific revisions, which must include
I/M, must be submitted by July 1, 1982.
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Sec. 173 PERMIT REQUIREMENTS
SYNOPSIS
- Permits for construction and operation of new or modified major
stationary sources in nonattainment areas (primary or secondary
standards) can only be issued when the:
(1) net effect of the new source is reduced emissions when comparing
total emissions at the time the permit is applied for and total
projected emissions at the time of anticipated start up. Reasonable
progress toward the December 31, 1982 (or earlier) attainment date must
also be shown.
(2) proposed source is required to meet the lowest achievable
emission rate.
(3) owner or operator of the proposed facility has shown that
all his other sources in the State are in compliance or on schedules."
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Sec. 174
PLANNING PROCEDURES
SYNOPSIS
- Within 6 months of enactment of the 1977 CAA Amendments, State and
local officials shall determine who shall do what in meeting
any post July 1, 1979 attainment date for CO or Ox- Within this
6 month period, an organization of State-local elected governmental
officials shall be designated by agreement to prepare the plan
revisions. If this is not accomplished, the Governor shall, after
the 6 months' period, designate the organization.
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41
Sec. 175 EPA GRANTS
SYNOPSIS
- In those areas requiring attainment/maintenance plans for CO and/or
Ox, the Administrator shall make grants to the responsible
agencies for developing an air quality maintenance plan. Amount
of the grant shall be 100 percent of costs incurred in development
of the plan for the first 2 fiscal years following receipt of the
grant.
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t
Sec. 176 LIMITATIONS ON CERTAIN FEDERAL ASSISTANCE
SYNOPSIS
- (a) The Administrator and Secretary of Transportation shall not
approve projects or award grants under Title 23 (Highways) of
the U.S. Code, other than for safety, mass transit or
transportation improvement projects related to air quality
improvement or maintenance, in those AQCRs --
1. Where primary NAAQS have not been attained
2. TCPs are needed for attainment
3. After-July 1, 1979 SIP revision or standards
attainment progress has been inadequate
- Additional rebated highway grant restrictions are discussed.
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43
Sec. 177 NEW MOTOR VEHICLE EMISSION STANDARDS IN NONATTAINMENT AREAS
SYNOPSIS
- State may adopt and enforce California new car standards if adopted at
least two years before subject model year. If California standards
are adopted, such State may require certification, inspection or ,
other approval programs for control of emissions from new cars.
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Sec. 178 GUIDANCE DOCUMENTS
SYNOPSIS
- EPA will issue guidance documents for assisting States in
determining the lowest achievable emission rate. Documents shall
published no later than 9 months after the date of enactment of
these Amendments. Documents shall be revised at least every 2
years.
- Date for submitting SIP revisions and attaining primary NAAQS for
nonattainment areas:
be
SUBMISSION
January 1 (July 1-?), 1979
all "reasonably available
measures
July 1, 1982 for CO and Ox
additional control measures
including required I/M
ATTAINMENT
December 31, 1982
December 31, 1987
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Sec. 202 STUDIES AND RESEARCH OBJECTIVE FOR OXIDES OF NITROGEN
SYNOPSIS
- Retains the 0.4 NOX level as a research, objective to which
each major auto manufacturer must build demonstration
vehicles for annual submission to EPA starting in model year 1978.
- EPA required to conduct study of the public health implication
of a 0.4 gpm NOX standard; the cost and-technological capability
of attaining such a standard; and the need for such a standard
to protect public health..
Sec. 202(a) ONBOARD HYDROCARBON TECHNOLOGY
SYNOPSIS
- Requires EPA to evaluate feasibility of vehicle bladder tanks'to
control gasoline vapor emissions during refueling as an alternative
to Stage II regulations.
Sec. 202(a) FILL PIPE STANDARDS
SYNOPSIS
- Allows EPA to establish design standards necessary to ensure
compatibility between vehicle gasoline tank fill pipe and
Stage II vapor recovery equipment.
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46
Sec. 202(a) EMISSION STANDARDS FOR HEAVY DUTY VEHICLES AND "OTHER
VEHICLES
SYNOPSIS
- Establishes interim standards for HC and CO with statutory
standards to be met by 1988 for heavy duty vehicles,
- Allows sales of non-conforming vehicles subject to payment
of a penalty designed to offset economic advantage gained by
such non-conformity.
' - Recognizes Agency standards for motorcycles and also applies
non-conformity penalty approach to these vehicles.
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Sec. 202(b)CD 47
SYNOPSIS
- Amends automotive emission standards as follows;
Sec. 202(b)(l) TEST PROCEDURES FOR MEASURING EVAPORATIVE EMISSIONS
' SYNOPSIS
- Requires EPA to promulgate new evaporative test procedures
within 270 days.
- Test procedure to be applicable to post-1978 vehicles.
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48
Sec. 203 STUDY AND REPORT OF FUEL CONSUMPTION
SYNOPSIS
- Requires EPA and DOT to report separately to Congress eaui
year on the proceeding model year's fuel consumption.
Sec. 203(a) HIGH ALTITUDE PERFORMANCE ADJUSTMENTS
SYNOPSIS
- Requires vehicle manufacturers to provide instructions on
rnfit.hnrl nf aH iucf-inn won-; .-i^r- -c~.» u-:_u -, 14-•;•«... ,4^ -_^.— j-^«».
Sec. 203(a)(3) TAMPERING
SYNOPSIS
- Extends prohibition of tampering with vehicular emission
control devices to include all commercial repair facilities,
SYNOPSIS
- Prohibits manufacturer from implying that vehicle emission
warranty is conditioned upon the use of dealer parts or
service.
- Prohibits manufacturer from failing or refusing to comply
with the terms and conditions of warranty provisions.
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49
Sec. 206 HIGH ALTITUDE REGULATIONS
SYNOPSIS
- Requires all 1984 model year vehicles sold at high altitude
to comply with applicable emission standards.
- Requires EPA to report by October 1, 1978 to Congress on the
technical and economic feasibility of the above requirement.
SEC. 206(a)(l) TESTING BY SMALLMANUFACTURERS
SYNOPSIS
- Allows manufacturers of less than 300 vehicles/year to certify
their vehicle's compliance with emission standards under a less
stringent test cycle.
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Sec. 207(a) COST OF CERTAIN EMISSION CONTROL PARTS
SYNOPSIS
- Requires auto manufacturer to bear cost of replacement for
5 years/50,000 miles of catalytic converter or "other com-
ponent installed on or in a vehicle for the sale or primary
purpose of reducing vehicular emissions..."
Sec. 207(b)(2) WARRANTIES AND MOTOR VEHICLE PARTS CERTIFICATION
SYNOPSIS
- Establishes procedures for independent parts manufacturers to
have their products certified as equal to manufacturer's
original parts.
- Specifies that after the first 24 months/24,000 miles the "term
'emission control device or system1 means a catalytic converter,
thermal reactor or other component installed...for primary pur-
pose of reducing vehicle emissions."
(This simply eliminates spark plugs, points, etc., from poten-
tial warranty coverage after the first 24 months/24,000 miles).
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Sec. 207(g) DEALER CERTIFICATION
SYNOPSIS
- Requires vehicle dealers to provide to purchaser a certificate
that the vehicle complies with applicable emission standards.
- Requires vehicle dealer to include in above certificate a state-
ment of the purchaser's emission warranty rights.
Sec. 207(g) REPAIR AT OWNER'S PLACE OF CHOOSING
SYNOPSIS
- Vehicle owner can take his auto to be repaired at his place
of choosing without violating emissions warranty.
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Sec. 207(3)(c) MAINTENANCE INSTRUCTIONS
SYNOPSIS
- Requires vehicle manufacturer to provide purchaser with
maintenance instructions indicating that service and
certified parts may be obtained from any source desired.
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Sec. 209 PARTS STANDARDS; PREEMPTION OF STATE LAW •
SYNOPSIS
- Prohibits states from enacting standards more stringent than
EPA's for engine replacement parts.
Sec. 209(b) CALIFORNIA WAIVER
SYNOPSIS
- Allows California to set emission standards more stringent
than those of EPA.
(This is simply a language modification of previous California
waiver provision).
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54
Sec. 210 STATE GRANTS
SYNOPSIS
Allows retroactive reimbursement of state agencies for monies
spent up to this time on I/M programs.
(Section 210 has always authorized EPA to reimburse up to 2/3
of state's expenses in conducting I/M. This section, however,
has never been funded).
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Sec. 211 TESTING OF FUELS AND FUEL. ADDITIVES
SYNOPSIS
- Prohibits the sale of fuel and fuel additives that have not
been certified by EPA as not impairing performance of emission
control devices.
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Sec. 219 SMALL REFINERIES
SYNOPSIS
- Relaxes standards on lead in gasoline produced by small re-
fineries until October 1982.
- EPA may extend waiver beyond 1982 as it sees fit.
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Sec. 225(a) CO INTRUSION INTO SUSTAINED USE VEHICLES
SYNOPSIS
- Requires agency to study and report within one year'on source
and effect of CO intrusion into bases, taxis, police vehicles, etc.
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Sec. 231(c) AIRCRAFT EMISSION STANDARDS
SYNOPSIS
- Invalidates Agency aircraft standards if such, standards are
deemed a safety hazard by DOT.
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Sec. 301 ADMINISTRATION
Within one year the Administrator shall promulgate procedures and
policies for the regional offices to use in carrying out delegations.
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Sec. 302 DEFINITIONS
- Of the 10 definition changes three are of particular interest
Major Source
HIMajor stationary source - potential to emit 100 TPY including
fugitive dust.
(2) Impact - expands the number of sources to be dealt with in
emission inventorying, modeling, enforcement, SIP considerations
in attainment/nonattainment areas.
(3) Regional action - advise the States
Emission Limitation and Standard
(T]The change is to clarify that this requirement means
on a"continuous"basis.
(2) Impact is to exclude SCS systems etc. as permanent control.
(3) We should ask the ORC to evaluate the impact of this on
the upset and breakdown exclusions.
Standards of Performance
HIThis change requires continuous emission reduction, including
any requirement relating to the operation or maintenance of
a source to assure continuous emission reduction.
(2) This will allow emission standards to contain provisions for
such things as good housekeeping, etc.
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'Sec. 303 EMERGENCY POWERS
SYNOPSIS
If is not nor practicable to assure prompt protection to the health
of persons solely by commencement of a civil action, the Administra-
tor may issue such orders as are necessary to do so. Before issuing
such orders the Administrator must consult with state and local
authorities. Such .orders are effective for no more than 24-hour
periods. Then the order remains in effect for 48-hours or such
longer periods which may be authorized by the court. Penalties are
defined for persons who willfully violate, fail or refust to comply
with any such order.
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Sec. 303 EMERGENCY POWERS
SYNOPSIS
Administrator can take action with out civil proceedings, if necessary,
There are some qualifications and requirements described. Fine
for failure to obey order is $5,000/day. -
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Sec. 304 CITIZEN SUITS
Allows citizen suits against sources who fail to get a permit
under PSD or who are violating a condition of a permit.
Expands definition of an emission standard to include such
things as permit conditions under PSD, 111, 112, 119, 133, 211, etc.
EPA, State or local can administratively enforce against any Federal
facility
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Sec. 305 CIVIL LITIGATIONS
Attorney General is to represent EPA but Department of Justice
does not then EPA can proceed on its own. Follows June 13, 1977
EPA-DOJ agreement.
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65
i
Sec. 307 ADMINISTRATIVE PROCEDURES AMD JUDICIAL REVIEW
For each action a rulemaking docket will be prepared by Administrator
and if only applicable to a State an identical one will be prepared
in the regional office . This provision covers any promulgation
or revision under 109, llOc, 111, 112, 211, 231, 113(d)(5), 119, ozone
protection, PSD and visibility protection, 202(a)(3), 120, 207,
126, any others the Administrator wants to include.
A notice must be published and include a statement of its basic and
purpose which must contain
(a) the factual data
(b) method of data gathering and analysis
(c) major legal and policy considerations
(d) comments from the scientific review committee and the
NAS and an explanation of differences in opinion
The Administrator must make everything available to public including trans-
cription of public hearings and all comments from interagency review.
In promulgating a rule, people will have the right to submit written or
oral information.
The promulgated rule will be accompanied by the statement of purpose
described earlier. Reasons for any major changes and data supplied
or made available through public comment will be included.
The promulgated rule may not be based on any information not in the
docket as of promulgation.
The judicial review shall consist entirely of what's in the docket.
Challenging procedural determinations in the U.S. Court
of Appeals only. The basis for invalidation must be serious
enough to significantly change the rule. The basis for the Court
to reverse the decision are given and are primarily legal rather
than technical merit.
The rule must be promulgated within 6 months with an allowance of only
one 6 month extension.
The effective date for these changes is 90 days after enactment.
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Sec. 307(b)(l) PROVISIONS RELATING TO ADMINISTRATIVE PROCEEDINGS AND
JUDICIAL REVIEW
Petition for review was expanded to included any final action with
local or regional effects. It must be filed within 60 days and if
national in scope filed with Court of Appeals.
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Sec. 308 FINANCIAL DISCLOSURE, CONFLICTS OF INTEREST
Each officer or employee, grantee, contractor shall file a
statement of financial interests. The Administrator will
define those who are of nonpolicymaking or non-regulatory
or otherwise exempted.
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i
Sec. 309 AIR QUALITY MONITORING
This requiries a regulation to establish uniform criteria for
monitoring and reporting indices. Requires a daily analysis and
reporting of an index. The administrator is also required to
analyze and report the air quality to the general public. In
essence, implement the SAMWG and pollution standards index
recommendation and publish .a profile.
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Sec. 310 MODELING
This requires the Administrator to hold amodeling conference at
least every 3 years with special attention to PSD applications.
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Sec. 311 EMPLOYEE EFFECTS
Administrator shall track the effect on employment of this act including
threatened plant closures.
Employee discharged or laid off or threatened with these acts can
have the Administrator investigate. Public hearings are required
as is a report on findings and recommendations.
The Administrator can subpoena records attendance, testimony, and
administer oaths.
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Sec. 312 EMPLOYEE PROTECTION
An employer can not discharge an employee or otherwise discriminate
against him for participating, in any way, with a provision of
the Act. The grieving procedure is through the Secretary of
Labor who will take affirmative action to abate any violation.
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Sec. 31'3 ADDITIONAL REPORTS TO CONGRESS
.SYNOPSIS
- An additional requirements,is made for the annual reports to Congress
with regard to emergency episodes.
- Status of SIP emergency episode plans and an accounting of states
failing to develop such plans.
- The number of incidents of air pollution reaching or exceeding signifi-
cant harm levels by location, date pollution source and duration.
- Measures taken under SIP EEP's and their effectiveness.
- An accounting of instances in which an air pollution alert, warning,
or emergency is declared as required under regulations of the
Administrator and in which no action is taken, together with an ex-
planation of the failure to take action.
. REPORTING OF EPISODES
(1) The Administrator has to report to Congress on the status of
State plans and details on each incident with an
evaluation of the effectiveness.
(2) This requires increase reporting by the States and increase
reporting and coordination activity in the Regional Office.
(3) A reporting and evaluation system will have to be set up for
a report due in 6 months and each January after that.
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Sec. 314 VAPOR RECOVERY
Small dealers get 3 year phase in to install vapor recovery where required.
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Sec. 316 SEWAGE TREATMENT PLANTS
The new section on sewage treatment grants specifices to the
conditions upon which the Administrator can withhold a grant to
construct:
(a) non-compliance with S 111 or 112
(b) state does not have an implementation plan which
provides for emission increases which" will occur
directly or indirectly from the construction
(c) where increase in emissions is in excess of that
allowed by implementation plan
(d) emissions would interfere with another State
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75
Sec. 317 ECONOMIC IMPACT ASSESSMENT
The Administrator must do an economic assessment in promulgating
or revising Section lll(b); lll(d), Part Bof Title I, Part C of
Title I (PSD), 202, 211, 231. The assessment must contain:
(a) costs of compliance
(b) inflationary or recessionary effects
[c) competition with small businesses
(d) effect on consumer cost
(e) effect on energy use
It is taking into account the resources available, to be as extensive
as possible but does not alter the basis of the standard or
regulation. The sole enforcement provision for this is thru citizen
suits in Section 304.
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Sec. 323 NATIONAL COMMISSION ON AIR QUALITY.
The CAA is amended to form a 5 year National Commission on Air Quality.
This commission is to report to Congress on technical issues
such as availability of alternative actions, economical,
technological and environmental consequences, ability of agencies to
implement the Act with current fudning, extent of hydrocarbon reductions
necessary to achieve the standards, etc.
Priority is to be given to PSD issues like energy verses PSD,
availability of technology, whether to include non-major sources,
appropriateness of the increments, effects on employment and energy.
Not more than one third of the committee can be represented by industry.
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77
Sec. 323 APPROPRIATIONS .
- $200 x 10 for FY 78 and each of 3 years after that to implement this Act
or for training — need clarification
- $75 x 106 for AQMP activities
- $15 x 10 for National Commission funding
- $7.5 x 10^ for State and local training
- For studies and reports under Part B (Research)
- Amount necessary to NASA, NSF, and Department of State
- $157 X 105 to EPA for FY 78
- $120 x 10^ to all other agencies authorized to due research under
Section 103 and 104 for FY 78
- '•:'.'•*
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