4OUt\9 United States Off ice of Air November 1990 Environmental Protection and Radiation Agency Washington, DC 20460 4>EPA Clean Air Act Amendments of 1990 Detailed Summary of Titles Printed on Recycled Paper ------- CLEAN AIR ACT AMENDMENTS OF 1990 DETAILED SUMMARY OF TITLES U.S. EPA November 30, 1990 U.S. Environmental Promotion Agency Region 5, Library '"". "' 77 West Jackson _ . ';]- f ;Co Chicago, IL 60C,-.- OL£> Printed on Recycled Paper ------- Table of Contents Title I - Provisions for Attainment and Maintenance of National Ambient Air Quality Standards Title II - Provisions Relating to Mobile Sources Title III - Hazardous Air Pollutants Title FV Acid Deposition Control Title V - Permits Title VI - Stratospheric Ozone Protection Title VII - Provisions Relating to Enforcement Title VIII - Miscellaneous Provisions Title IX - Clean Air Research Title X - Disadvantaged Business Concerns Title XI - Clean Air Employment Transition Assistance NOTE: EACH TITLE HAS ITS OWN TABLE OF CONTENTS AND PAGE NUMBERING SCHEME ------- TITLE I OZONE, CARBON MONOXIDE AND PM - 10 NONATTAINMENT PROVISIONS 1 \ ------- TABLE OF CONTENTS Page 1. REQUIREMENTS FOR OZONE NONATTAINMENT AREAS 1 1.1 Classification and Attainment Dates for Ozone Nonattainment Areas 1 1.2 Mandatory SIP Provisions for Ozone Nonattainment Areas .... 3 1.2.1 Marginal Ozone Nonattainment Areas 3 1.2.2 Moderate Ozone Nonattainment Areas 4 1.2.3 Serious Ozone Nonattainment Areas 6 1.2.4 Severe Ozone Nonattainment Areas 8 1.2.5 Extreme Ozone Nonattainment Areas 9 1.3 NO, Requirements 11 1.4 Milestones 12 1.5 Multi-State Areas 13 1.6 Control Techniques Guidelines 13 1.7 Consumer or Commercial Products 14 1.8 Marine Vessel Standards 15 1.9 Ozone Transport Regions 15 1.10 Failure of Severe and Extreme Areas to Attain 17 1.11 Sanctions for Failure to Attain 18 -i- ------- TABLE OF CONTENTS (Continued) Page 2. REQUIREMENTS FOR CO NONATTAINMENT AREAS 19 2.1 Classification and Attainment Dates for CO Nonattainment Areas 19 2.2 Mandatory SIP Provisions for CO Nonattainment Areas 20 2.2.1 Moderate CO Nonattainment Areas 20 2.2.2 Serious CO Nonattainment Areas 22 2.3 Waivers 22 2.4 CO Milestones 22 2.5 Multi-state CO Areas 22 2.6 Failure of Serious Areas to Attain 23 3. REQUIREMENTS FOR PM-10 NONATTAINMENT AREAS 24 3.1 Classification of PM-10 Nonattainment Areas 24 3.2 Attainment Dates 24 3.3 Extension of Attainment Dates 25 3.4 Waivers 25 3.5 Mandatory SIP Provisions for PM-10 Nonattainment Areas .... 25 3.5.1 Moderate PM-10 Nonattainment Areas 25 3.5.2 Serious PM-10 Nonattainment Areas 26 3.6 Milestones 27 3.7 Failure to Attain 27 3.8 PM-10 Precursors 27 3.9 RACM and BACM Guidance for PM-10 Sources 28 It- ------- 1. REQUIREMENTS FOR OZONE NONATTAINMENT AREAS 1.1 CLASSIFICATION AND ATTAINMENT DATES FOR OZONE NONATTAINMENT AREAS Ozone Attainment Deadline Classification Design Value (from enactment1) Marginal 0.121 up to 0.138 ppm 3 years Moderate 0.138 up to 0.160 ppm 6 years Serious 0.160 up to 0.180 ppra 9 years Severe* 0.180 up to 0.280 ppm 15 years 0.280 ppm and above 20 years Extreme Exceptions A severe area with a 1988 design value between 0.190 and 0.280 ppm is given an attainment date of 17 years instead of 15 years after enact- ment. EPA may change the classification of a nonattainment area if the design value is within 5% higher or lower than the level of the other classifi- cation. Adjustment must be made within 90 days after the initial classification. An ozone nonattainment area designated by EPA as a rural transport area will be considered in compliance if it makes the plan submissions for a marginal area. EPA may designate an area a rural transport area if it does not include or is not a part of a MSA or CMSA and if EPA determines that the VOC emissions (and NOX if relevant) do not contribute signifi- cantly to ozone concentrations in the area, or to other areas. "Transitional" areas, i.e., areas designated nonattainment as of enactment that did not violate the ozone standard from January 1, 1987 to December 31, 1989, are suspended from these subpart requirements until December 31, 1991. EPA must determine, by June 30, 1992, whether or not the area attained the standard by December 31, 1991. If so, the state is required to submit a maintenance plan for the area within 12 months. If not, the area will be designated nonattainment (by June 30, 1992). -1- ------- Extensions EPA may, upon application by the state, grant up to two 1-year exten- sions if the SIP has been fully implemented and no more than 1 exceedance of the ozone standard has occurred in the nonattainment area in the year prior to the extension year. New Designations Areas that are attainment or unclassifiable for ozone, but that are later redesignated to nonattainment, are subject (at redesignation) to the same requirements as areas that are initially designated nonattain- ment for ozone, except that any fixed dates are extended by a time period equal to the length of time between enactment and the date the area is redesignated to nonattainment. Reclassification For Failure to Attain Within 6 months after the applicable attainment date, EPA must make public notice of any marginal, moderate, or serious area that fails to attain, and reclassify the area to either 1) the next higher classifi- cation, or 2) the classification that corresponds to the area's design value at the time public notice is made, whichever is higher (except that no area may be reclassified as extreme under the 2nd option). Voluntary Reclassification EPA must grant the request of any state to reclassify a nonattainment area within the state to the next higher classification and is required to publish a notice of the action in the Federal Register. Failure of Severe Areas to Attain Severe areas that fail to attain are subject to the fee provisions under Section 185 (Enforcement For Severe and Extreme Ozone Nonattainment Areas For Failure to Attain) and must demonstrate achievement of the reasonable further progress (RFP) percent reduction requirements (milestones) for each 3-year interval, until attainment. Sanctions will apply in the event of failure to make such a demonstration. Severe areas that are subject to the above requirements and that fail to attain after 3 years; or severe areas above 0.14 ppm; or severe areas that fail to achieve its most recent milestone, will be subject to New Source Review (NSR) requirements for extreme areas, and the correspond- ing major source and major stationary source definition for extreme areas will also apply (i.e. - 10 tpy VOC) to that area. -2- ------- 1.2 MANDATORY SIP PROVISIONS FOR OZONE NONATTAINMENT AREAS 1.2.1 MARGINAL OZONE NONATTAINMENT AREAS NSR on Malor NO, Sources Within 2 years, all ozone nonattainment areas must apply new source review requirements to major NOX sources, unless EPA makes certain determinations as set forth in section 182(f) (see NO, Requirements, pg. 11). Inventory States must submit, within 2 years after enactment, a comprehensive, accurate current inventory of actual emissions from all sources, in accordance with EPA guidance. Update every 3 years. RACT Requirements Within 6 months, correct or add to SIP all RACT requirements that were in effect immediately prior to enactment. I&M Immediately after enactment, revise I&M program to meet the requirements already in the SIP, or, according to EPA guidance as in effect immediately prior to enactment, whichever is more stringent. Within 12 months after enactment, EPA must review and revise I&M guidance for states and publish the revisions in the Federal Register, covering, at a minimum, certain specified program parameters. The I&M program, which states must incorporate into their SIP, must ensure states reasonable flexibility to develop effective, reasonable, and fair programs. Also, states must submit a SIP revision to meet any emission control diagnostic requirements within 2 years after EPA promulgates such regulations. Permit Program Within 2 years after enactment, states must submit revision to require construction and operating permits for each new or modified major stationary source. Correct or add to SIP permit program requirements as were in effect immediately prior to enactment. Emission Statements Within 2 years after enactment, states must submit a SIP revision requiring each stationary source of VOC or NO, to submit emission -3- ------- statements of actual VOC and NOX emissions within 3 years after enact- ment and annually thereafter. Must include certification that informa- tion is accurate to the best knowledge of the individual certifying the statement. Offsets At least 1.1 to 1 reductions of VOC emissions. 1.2.2 MODERATE OZONE NONATTAINMENT AREAS All requirements applicable to marginal areas apply, in addition to: Reasonable Further Progress 15% VOC emission reductions from baseline within 6 years after enact- ment, accounting for growth in emissions. SIP revision is due within 3 years. "Baseline" means the total actual VOC or NOX emissions from all anthro- pogenic sources in the area during the calendar year of enactment, excluding emissions eliminated due to motor vehicle exhaust or evapora- tive emissions regulations, or RVP regulations. Plan must provide for annual reductions in VOC and NOX emissions as necessary to attain the ozone standard except that annual NOX reductions are not required where EPA determines (at the time EPA approves the plan or plan revision) that additional NOX reductions would not contribute to attainment. A reduction less than 15% may be used provided that, 1) NSR requirements applicable to extreme areas are implemented in the nonattainment areas (except that "major source" and "major stationary source" means any stationary source or group of sources within a contiguous area and under common control that emit or has the potential to emit at least 5 tpy VOCs), 2) RACT is required for all existing major sources (as defined above), 3) all measures that can feasibly be implemented, considering technological achievability, are included in plan, and, 4) the state demonstrates that the plan includes measures that are achieved in practice by sources in the same source category in nonattainment areas of the next higher classification. Emission reductions resulting from motor vehicle exhaust or evaporative emissions reduction measures promulgated by January 1, 1990, RVP regulations, RACT corrections, or I&M corrections, do not count toward the mandatory 15% emission reductions. -4- ------- RACT Requirements RACT requirements are applicable to all major stationary VOC sources (100 tpy) and to all VOC sources covered by a CTG. SIP revisions for major stationary VOC sources (and NOX sources if required) and sources covered by a CTG that was issued prior to enact- ment must be submitted within 2 years after enactment and must provide for implementation as expeditiously as practicable, but no later than May 31, 1995. For sources covered by a CTG that is issued after enactment, the time period for submittal and implementation is as specified in the CTG document. RACT requirements also apply to all major stationary NOX sources, unless certain demonstrations can be made as set forth in section 182(f) (See NOX Requirements, p. 11). Gasoline Vapor Recovery (Stage II) Required for facilities that sell more than 10,000 gallons of gasoline per month or 50,000 gallons per month for independent small business marketers. Requirements for installation and operation of Stage II are effective for new facilities (built after enactment) within 6 months after state adopts rule; within 1 year after adoption for existing facilities with 100,000 gallons or greater capacity (avg. monthly sales for the 2 years prior to adoption date); or within 2 years for all other facilities. The above Stage II requirement will not apply in moderate areas after EPA promulgates standards for onboard refueling under section 202 of the Mobile Source provisions (Title II). I&M Basic I&M required in all moderate areas regardless of whether I&M was required in area prior to enactment. Contingency Measures The plan must contain contingency measures to be implemented without further action by EPA or the state if the area fails to attain or to make reasonable further progress. Offsets At least 1.15 to 1 reductions of VOCs. -5- ------- 1.2.3 SERIOUS OZONE NONATTAINMENT AREAS All requirements applicable to moderate areas apply, in addition to: Malor Source Definition "Major source" and "major stationary source" includes any stationary source or group of sources located within a contiguous area and under common control that emits, or has the potential to emit, at least 50 tpy VOC's. Enhanced Monitoring Within 18 months after enactment and after public notice and comment, EPA must promulgate rules for enhanced monitoring of ozone, NOX, and VOC's. States must adopt measures to improve monitoring of ambient ozone, NOX, and VOC concentrations and emissions of NOX and VOC's. Gasoline Vapor Recovery (Stage II) EPA may waive the Stage II requirements in any serious, severe, or extreme ozone nonattainment areas after it determines that onboard controls are in widespread use throughout the vehicle fleet. Attainment Demonstration Required. Must be based on photochemical grid modeling or other analytical method that EPA determines is at least as effective. Plan revisions to be submitted within 4 years after enactment. Reasonable Further Progress 15% VOC emission reduction from baseline within 6 years after enactment (as described for moderate areas), plus additional average annual 3% VOC emission reduction from baseline emissions averaged over each consecu- tive 3-year period until attainment. Emission reductions less than 3% are acceptable if the state demon- strates that the plan includes all measures that can feasibly be implemented (considering technical achievability), and the plan includes the measures achieved in practice by sources in the same source category in the next higher nonattainment classification. The determination to reduce the 3% emission reduction requirement is to be reviewed at each milestone and revised to include any new measures. Emission reduction creditability is the same as for moderate areas. Emission reductions in excess of the required 15% reductions within the 6-year period following enactment are creditable towards the subsequent 3% annual average emission reduction requirements. -6- ------- NO. Control In lieu of the 3% annual average VOC reduction required in the period beginning 6 years after enactment, states may submit a demonstration providing for reductions of VOC's and NOX to the extent that resulting reductions in ozone concentrations are equivalent. EPA must issue guidance within 1 year after enactment on conditions for NOX substitu- tion. A lesser percent of VOC's may be acceptable as an adequate demonstration. Enhanced I&M Within 2 years after enactment, state must submit SIP revision providing for an enhanced I&M program to reduce hydrocarbon and NOX emissions from in-use motor vehicles registered in urbanized areas, with a 1980 population of 200,000 or more. State program must take effect no later than 2 years from enactment and must comply with federal guidance. State program must include, at a minimum, computerized emission analyz- ers (including on-road devices); no waivers for vehicles and parts covered by emission control warranty except for warranty remedies denied in writing or for tampering-related repairs; waiver for non-warranty repairs of $450 or more (adjusted annually); enforcement through denial of vehicle registration; annual emission testing (unless state demon- strates that biennial inspection program equals or exceeds reductions attributable to annual inspections); operation of program on centralized basis (unless state J^jionstrates decentralized program to be equally effective); and inspection of emission control diagnostic system and maintenance or repair. State must prepare a biennial report for EPA on the emission reductions achieved as a result of the ISM program. Clean-Fuel Fleet Programs States must submit to EPA, within 42 months after enactment, a SIP revision establishing a clean-fuel vehicle program for fleets in serious, severe, or extreme areas having a 1980 population of 250,000 or more (as described in section 229 of Title II).* Within 1 year, EPA must issue rules to insure that transportation control measures that restrict vehicle usage do not apply to vehicles meeting the clean-fuel vehicle requirements of section 229 of Title II. Title I language concerning the clean-fuel requirements conflicts with the requirements for clean-fuel vehicles set forth under Title II (Mobile Sources). Debate in Congress indicates that the Title II requirements for clean-fuel vehicles (as outlined above) supersedes any such requirements for clean-fuel vehicles contained in Title I. -7- ------- Transportation Control This portion on transportation control had not vet been agreed to. as of the 9/13/90 unofficial preliminary draft of the House/Senate agreement. The state must submit a demonstration beginning 6 years after enactment and each 3rd year thereafter showing whether aggregate vehicle mileage, aggregate vehicle emissions, congestion levels, and other relevant parameters are consistent with the area's attainment demonstration. If levels are in excess of projected levels, the state must submit a revision, within 18 months, to implement a VMT reduction plan or offset increases with alternative measures. The reduction plan must include measures to reduce congestion, including passenger vehicle trips, and miles traveled per trip. NSR Provisions Offset Requirements: At least 1.2 to 1 reductions in VOC's. De Minimis Rule: De minimis emissions are net VOC emission increases of 25 tons or less (aggregated over any consecutive 5-year period including the year the increase occurred) resulting from any physical change or change in method of operation of a stationary source. Modifications for Sources Less than 100 tons: For any major stationary source that emits less than 100 tons VOC's per year, increases in VOC emissions from any discrete operation, unit, or other pollutant emitting activity (other than de minimis) will be considered a modification unless the increase is offset at an internal offset ratio of at least 1.3 to 1. If the increase is not offset, it will be considered a modification except that BACT applies rather than LAER. Modifications for sources emitting 100 tons or more: For sources that emit 100 tons or more VOC's, such emission increases (other than de minimis) from any discrete operation, unit or other pollutant emitting activity, will be considered a modification and LAER will apply unless the increase is offset at an internal offset ratio of 1.3 to 1. Contingency Provisions In addition to the contingency measures required for moderate areas, the plan must include contingency measures to be implemented without further action by state or EPA if milestones are not met. 1.2.4 SEVERE OZONE NONATTAINMENT AREAS All requirements applicable to serious areas apply, in addition to: -8- ------- Major Source Definition "Major source" and "major stationary source" includes any stationary source or group of sources located within a contiguous area and under common control that emits, or has the potential to emit, at least 25 tpv VOC's. Reduction of Vehicle Miles Traveled (VMT) State must submit a SIP revision, within 2 years after enactment, to identify and adopt enforceable transportation control strategies and transportation control measures to offset growth in vehicle miles traveled or numbers of vehicle trips and to attain reductions in motor vehicle emissions, as necessary in combination with other reduction requirements, to comply with the periodic emission reduction require- ments . The state must consider the measures specified in section 108(f) and implement such measures as necessary to demonstrate attainment, ensuring adequate access to downtown, other commercial, and residential areas, and avoiding measures that would relocate emissions and congestion. Within 2 years, the state must submit a revision requiring employers of 100 or more persons to increase the average vehicle occupancy during peak periods by 25%. Employers must submit a compliance plan 2 years after submittal of the state revision which convincingly demonstrates compliance 4 years after submittal of the revision. Offset Requirement At least 1.3 to 1 reductions in VOC emissions; Except, if the state requires all existing major sources in the non- attainment area to use best available control technology (BACT) for control of VOC's, the offset ratio will be at least 1,2 to 1. Enforcement By December 31, 2000, the state must submit a plan revision to incorporate the provisions under Section 185 (Enforcement for Severe and Extreme Ozone Nonattainment Areas for Failure to Attain). 1.2.5 EXTREME OZONE NONATTAINMENT AREAS All requirements applicable to severe areas apply, except for the provisions allowing for annual average emission reductions less than 3%, the provisions allowing for emission reductions less than 15%, and the provisions (under "serious" areas) pertaining to the definition of de minimis and modification of sources. -9- ------- Malor Source Definition "Major source" and "major stationary source" includes any stationary source or group of sources located within a contiguous area and under common control that emits, or has the potential to emit, at least 10 toy VOC's. Offset Requirement At least 1.5 to 1 reductions in VOC emissions; Except, if the state requires all existing major sources in the nonat- tainment area to use best available control technology (BACT) for control of VOC's, the offset ratio will be at least 1.2 to 1. Modifications for New Source Review (NSR) Any change at a major stationary source in an extreme area that results in any increase in emissions from any discrete operation unit, or other pollutant emitting activity shall be considered a modification, unless the increase is offset at an internal offset ratio of at least 1.3 to 1. These offset requirements are not applicable to modifications of an existing source in an extreme area if the modification is for installa- tion of equipment required to comply with the SIP, permit, or this Act. Clean Fuels or Advanced Control Technology for Boilers Within 3 years after enactment, a plan revision must be submitted for extreme areas requiring new, modified, and existing electric utility and industrial and commercial boilers emitting more than 25 tons per year NO, to burn as its primary fuel (fuel used 90% or more of operating time), natural gas, methanol, ethanol, or a comparably low polluting fuel; or use advanced control technology to reduce NOX emissions. Traffic Control Measures Plan revisions for extreme areas may contain provisions establishing traffic control measures applicable during heavy traffic hours to reduce the use of high-polluting vehicles, or heavy-duty vehicles. New Technologies EPA may approve provisions for an extreme area that anticipate the development of new control techniques or improvement of existing control technologies, and may approve an attainment demonstration based on such provisions, if the provisions are not necessary to achieve the required emission reductions during the first 10 years after enactment, and the state has committed to adopt contingency measures. -10- ------- » The contingency measures must be submitted to EPA no later than 3 years prior to the implementation of the plan provisions. The measures must be adequate to achieve, in conjunction with other approved plan provi- sions, the required periodic emission reductions and attainment by the applicable deadlines. If the extreme area fails to achieve an emission reduction requirement due in whole or part to an inability to fully implement the plan provision, EPA must require the state to implement the contingency measures to the extent necessary to comply with the emission reduction requirements. 1.3 NOT REQUIREMENTS Requirement The plan provisions for major stationary VOC sources also apply to major stationary sources of NOX in all ozone nonattainment areas and in ozone transport regions. Exceptions The NOX requirement does not apply to those sources for which EPA determines, at the time of EPA plan approval or revision, that the net air quality benefits are greater in the absence of NOX reductions. The NOX requirements also do not apply to a nonattainment area that is included in an ozone transport region if EPA determines that additional reductions of NOX emissions would not create net ozone air quality benefits, or, for areas that are not part of an ozone transport region, that additional NOX reductions would not contribute to attainment. Excess NOT Reductions EPA may limit the application of the NOX requirement to avoid achieving "excess" NOX reductions, i.e., the level of NOX emission reductions for which EPA determines that the net air quality benefit in the area would be greater without the additional NOX reduction. "Excess" NOX reductions also means, for areas that are not part of an ozone transport region, emission reductions that would not contribute to attainment, and, for areas that are included in an ozone transport region, emission reductions that would produce no net ozone air quality benefits in the region. NO. and VOC Study EPA is required, with the National Academy of Sciences, to conduct a study on the role of ozone precursors on ozone fermation and control, -11- ------- and the role of NOX in contributing to attainment. The report must be completed within 1 year of enactment, made public for 30 days, and finalized and submitted to Congress within 15 months after enactment. Petition After the NOX and VOC study is finalized, any person may petition the EPA to make a determination of the above exceptions to the NOX require- ment, or a determination of "excess" NOX reductions for any nonattain- ment area or ozone transport region. The petition must be granted or denied within 6 months after its filing. 1.4 MILESTONES Demonstration of Compliance Each serious, severe, or extreme nonattainment area must demonstrate to EPA that it has met the applicable percent emission reduction require- ments within the stated time period, or "milestones". Milestones occur at 6 years after enactment and every 3 years thereafter. Compliance demonstrations must be submitted to EPA no later than 90 days after the applicable milestone. Serious and Severe Areas If a state fails to submit a compliance demonstration for any serious or severe areas or if the area has not met any applicable milestone (as determined by EPA), the state must choose, within 90 days of failure, to either, 1) reclassify the area to the next higher classification, 2) to implement additional measures adequate to meet the next milestone (as provided for in the contingency plan), or 3) adopt an economic incentive program. The nonattainment area will be reclassified by operation of law to the next higher classification if the state fails to elect one of the above options within the 90-day time period or within 6 months thereafter. States must submit a SIP revision that meets the requirements of the options chosen. The state must make the submittal within 12 months after the date the state was required to choose an option. EPA must approve or disapprove the revision within 9 months. Extreme Areas States must implement an economic incentive program for any extreme area for which it fails to submit a compliance demonstration, or if EPA determines the area has not met any milestones. -12- ------- The revision must be submitted within 9 months after the failure or determination and must be approved or disapproved by EPA within 9 months after it was submitted. Economic Incentive Program EPA is required to publish rules pertaining to the development of state economic incentive programs within 2 years after enactment. 1.5 MULTI-STATE AREAS An ozone nonattainment area that is a part of more than one state is a "multi-state" area. Each of the states concerned must coordinate (substantively and proce- durally), the applicable SIP revisions and use photochemical grid modeling or another at least as effective analytical method. EPA may not approve any SIP revision of a state that includes part of a multi-state nonattainment area if the multi-state area requirements are not met. States may petition EPA to make a finding that their state would have been able to demonstrate attainment in the multi-state area except for the failure of one or more of the other states in which the multi-state area is located to commit to all ozone nonattainment SIP requirements. If EPA affirms the finding, no sanctions will be imposed on the peti- tioning state for failure to submit a demonstration of attainment. 1.6 CONTROL TECHNIQUES GUIDELINES Categories Within 3 years after enactment, EPA must issue CTG's for 11 additional categories of stationary source VOC emissions, giving priority to categories that make the most significant contribution to ozone non- attainment (including TSDF sites). Within 3 years after enactment, EPA must also issue CTG's to reduce aggregate emissions from aerospace coatings and solvents, and emissions of VOC's and PM-10 from paints, coatings, and solvents used in ship building and repair. Best available control measures are required. Emission reductions must be achieved no later than 10 years after the final issuance of the CTG. -13- ------- Alternative Control Techniques Within 3 years after enactment, EPA must issue a document analyzing alternative control techniques for all stationary source categories of NOT and VOCs that emit, or have the potential to emit, 25 tpy or more. The documents must be revised and updated as EPA determines is necessary. Guidance on Cost Effectiveness EPA is required to provide guidance to the states, within 1 year after enactment, on evaluating the relative cost-effectiveness of options to control existing stationary source emissions that contribute to ozone nonattainment. 1.7 CONSUMER OR COMMERCIAL PRODUCTS Report EPA is required to submit a report to Congress no later than 3 years after enactment on the emissions of VOCs from consumer or commercial products. Regulations Upon submission of the final report, EPA must list categories of consumer or commercial products that account for at least 80% of the VOC emissions (reactivity-adjusted) in areas violating the ozone standard. EPA is required to divide the listed categories into 4 groups based on priorities and promulgate regulations for each group every 2 years (beginning after the list is promulgated) until all 4 groups are regulated. Credit toward the 80% emissions will be granted for any emission reductions from consumer or commercial products made after enactment. Best available controls *>re required. CTG's may be issued in lieu of the regulations, if the CTG's are determined to be substantially as effective in reducing VOC emissions. EPA may control or prohibit by regulation the manufacture or introduc- tion into commerce, or sale of any consumer or commercial product that is a source of VOC emissions. Unless deemed useful by EPA in meeting any of the NAAQS's, no regula- tions pertaining to the size, shape, or labeling t>f a product may be promulgated. -14- ------- Exemption Health products may be exempted from regulation if there is no suitable substitute. Systems of Regulation and Fees The regulation of consumer or commercial products may include require- ments for labeling, self-monitoring and reporting, prohibitions, limitations, or reasonable fees, charges, and other economic incentives, Fees, charges, or funds collected by EPA pursuant to these regulations are to be deposited in a special U.S. Treasury fund for licensing and other services necessary to carry out the EPA activities for which the fees were collected. 1.8 MARINE VESSEL STANDARDS The regulations would require EPA to promulgate, within 2 years after enactment, standards applicable to VOC emissions and any other pollutant from the loading and unloading of marine tank vessels that may reason- ably be anticipated to endanger public health or welfare. The standards would require reasonably available control technology. considering costs, any non-air quality benefits, environmental impacts, energy requirements, and safety factors associated with alternative control techniques, and would apply as much as possible to loading and unloading operations, rather than to the marine vessels. 1.9 OZONE TRANSPORT REGIONS Designated Region 11 states and D.C. includes Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and D.C. metropolitan area. The transport region commission must be convened for this region within 6 months of enactment. Transport Commission The commission is to be comprised of (at a minimum) the governor of each state, the Administrator or designated representative, the Regional EPA administrators or representatives, and a state air pollution control representative from each state. ------- Decisions, recommendations, and requests to EPA may be made only by majority vote of members, not counting EPA representatives. The commission must assess the degree of interstate transport and recommend measures to the EPA that are necessary to ensure that the relevant state plans meet the implementation plan requirements. The commission may request that the EPA find one or more of the relevant state implementation plans to be substantially inadequate. EPA must make the finding within 18 months of the request. Establishing Interstate Transport Regions EPA may establish, on its own motion, or by petition of a Governor of any state, an interstate transport commission if there is reason to believe that interstate transport of air pollutants from one or more states contributes significantly to a violation of a NAAQS in one or more other states. EPA may add or remove a state from a transport region upon its own motion, upon petition of a Governor, or upon recommendation of a transport commission. To add a state to a region, EPA must have reason to believe that transport of air pollutants from the state contributes significantly to a violation of the ambient standard. Alternatively, to remove a state from a region, EPA must have reason to believe that control of emissions in the state will not contribute significantly to attainment. Plan Provisions States in ozone transport regions must submit to EPA a implementation plan or revision with the following requirements within 2 years after enactment or within 9 months after a state is added to a transport region: Enhanced vehicle inspection in metropolitan statistical areas having a population of 100,000 or more; RACT on all sources of VOCs covered by a CTG issued before or after enactment; Stage II vehicle refueling controls or control measures determined to achieve comparable emission reductions. A stationary source that emits (or has the potential to emit) at least 50 tpy VOCs is considered a "major" stationary source and is subject to the plan requirements applicable to a "moderate".ozone nonattainment area. -16- ------- Additional control measures applicable to all or part of a transport region may be recommended to EPA by the transport commission for EPA's approval. If approved, the relevant states will be required to revise their implementation plans to include the measures within 1 year. EPA is required to promulgate criteria (within 6 months of enactment) on determining the contribution of sources to air pollutant transport from one area to another. Best available air quality monitoring and modeling techniques are required. 1.10 FAILURE OF SEVERE AND EXTREME AREAS TO ATTAIN Fee In the event that any severe or extreme ozone nonattainment area fails to achieve attainment by the applicable deadline, each major stationary source of VOC's in the area will be required to pay an annual fee to the state beginning the year after the attainment date. Fee requirements do not apply to extension years. The amount is $5.000 per ton of VOC emitted during a calendar year in excess of 80% of the baseline amount. Baseline Amount The "baseline" amount is the amount of actual or allowed VOC emissions, whichever is lower. EPA may issue guidance allowing the baseline amount to be computed as the lower of actuals or allowables averaged over more than one year and may specify such calculation to be used for a specific source if the emissions are irregular or cyclical. Collection of Unpaid Fees EPA is authorized to collect unpaid fees if it is determined that the state fee provisions in the SIP are not adequate, or that the provisions are not being administered and enforced. Exemption No fee or any other sanctions will apply to an ozone nonattainment area with a population under 200,000 that fails to attain (but has otherwise met all requirements) if the area can demonstrate that transport of ozone or ozone precursors from other areas prevented attainment. -17- ------- 1.11 SANCTIONS FOR FAILURE TO ATTAIN Conditions for Imposition of Sanctions Sanctions apply if EPA 1) determines.that the state has failed to submit an implementation plan or any other submission required under Part D or in response to a SIP call, or has submitted an incomplete or inadequate plan or other submission, 2) disapproves a plan submission or other required submission, or 3) finds that an approved plan is not being implemented. If a state has not corrected its deficiency within 18 months after the findings above, EPA must apply one of the two sanctions. Both sanctions apply if EPA finds a lack of good faith, or if the deficiency is not corrected within 6 months after imposition of one of the sanctions. EPA may, in addition to any other sanction, withhold all or part of the air pollution planning and control grants. Sanctions Prohibition on highway funds except for safety or certain projects, including employee-based ridesharing, tolls, HOV lanes, and any projects that EPA finds (in conjunction with DOT) would improve air quality and discourage single-occupancy driving. Offsets of at least 2 to 1. Notice of Failure to Attain EPA must determine whether an area has attained the standard no later than 6 months after the applicable attainment date and publish a notice in the Federal Register. The states are required to submit a SIP revision within 1 year after the notice of failure to attain. Plan revision must include any additional measures EPA prescribes (which may include all measures that can feasibly be implemented considering technological achievability, costs, and any non-air quality and other air-quality related health and environmental impacts). -18- ------- 2. REQUIREMENTS FOR CO NONATTAINMENT AREAS 2.1 CLASSIFICATION AND ATTAINMENT DATES FOR CO NONATTAINMENT AREAS Classification CO Design Value Attainment Deadline Moderate 9.1 - 16.4 ppm December 31, 1995 Serious 16.5 and above December 31, 2000 Exemptions EPA may adjust the classification of a CO nonattainment area if the design value is within 5% higher or lower than the level of the initial classification. Adjustment must be made within 90 days after enactment. Extensions EPA may, upon application by the state, grant up to two 1-year exten- sions if the CO SIP has been fully implemented and no more than 1 exceedance of the CO standard has occurred in the area in the year prior to the extension year. New Designations Areas that are attainment or unclassifiable for CO, but that are later redesignated to nonattainment, are subject (at redesignation) to the same requirements as areas that are designated nonattainment for CO at enactment, except that any given, fixed attainment date is extended by a time period equal to the time between enactment and the date the area is reclassified as nonattainment. Reclassifieation of Moderate Areas Within 6 months after the applicable attainment date, EPA must identify and make public notice of any moderate area that fails to attain, and reclassify the area as a serious nonattainment area. EPA may adjust any deadlines (except the attainment deadline) if the deadlines are shown to be infeasible. -19- ------- 2.2 MANDATORY SIP PROVISIONS FOR CO NONATTAINMENT AREAS 2.2.1 MODERATE CO NONATTAINMENT AREAS Inventory States are required to submit within 2 years after enactment, a compre- hensive, accurate, current inventory of actual emissions from all sources, in accordance with EPA guidance. Update no later than Septem- ber 30, 1995 and every 3 years thereafter until attainment. Vehicle Miles Traveled (VMT1 For areas with a design value above 12.7 ppra at the time of classification, CO SIP plans must include a VMT forecast (based on EPA guidance) for every year preceding the projected attainment year. The plan revision must be submitted within 2 years after enactment. Annual updates of the forecasts, and annual reports including estimates of actual VMT, are required. For Denver, within 2 years after enactment, the state must submit a revision that includes transportation control measures as required in severe ozone nonattainment areas, except that the program applies to CO. Contingency Plan CO SIP plans must include contingency plans for areas with a design value above 12.7 ppm (at the time of classification). The contingency plan is to go into effect without any additional action by the state or EPA if the VMT forecast is exceeded, or if the area fails to attain by the deadline. I&M States must revise their I&M program to meet the requirements already in the SIP, or according to EPA guidance that is in effect immediately prior to enactment, whichever is more stringent (I&M program require- ments are the same as for a marginal ozone nonattainment area except that the program applies to CO). Enhanced I&M Moderate CO nonattainment areas with a design value above 12.7 ppm at classification are required to implement an enhanced I&M program (as described for serious ozone nonattainment areas, except that CO is the target pollutant instead of HC). The plan revision must be submitted within 2 years after enactment. -20- ------- Clean-Fuel Fleets States including CO areas with a design value at or above 16 ppm and having a 1980 population of 250,000 or more, must submit, within 42 months, a SIP revision to establish a clean-fuel vehicle fleet program in such areas, as is required in serious, severe, and extreme ozone nonattainment areas, and that meet the clean-fuel vehicle requirements under section 229 of Title II. Within 1 year, EPA must issue rules to insure that transportation control measures that restrict vehicle usage do not apply to any vehicle that meets the clean-fuel requirements of section 229 of Title II (Mobile Sources). Attainment Demonstration and Annual Reductions A plan revision and attainment demonstration is required within 2 years after enactment for moderate areas with a design value above 12.7 ppm at classification. Revision must include specific annual emission reduc- tions necessary for attainment. EPA may also require states to submit a schedule for the required plan submissions. Oxygenated Fuel* Within 2 years after enactment, states with a design value of 9.5 ppm or ah .ve must submit a revision requiring oxygenated fuel in the CMSA or MSA (whichever is larger) in which the area is located during high CO portions of the year, as required under section 219 of Title II. The oxygen content of the fuel must not be less than 2.7%. Effective November 1, 1992. EPA is to issue guidance to states on implementation and enforcement of these measures. Exception: Oxygenated fuel will not be required if the state can demon- strate that the measure would prevent or interfere with attainment of a NAAQS for a pollutant other CO. Title II (Mobile Sources) oxygenated fuel requirements, as outlined above supersede any such requirements under Title I. -21- ------- 2.2.2 SERIOUS CO NONATTAINMENT AREAS All requirements applicable to moderate CO nonattainraent areas with a design value of 12.7 ppm at classification apply also to serious areas Transportation Control The transportation control measures for severe ozone nonattainment areas apply to serious CO nonattainment areas, except that CO is targeted rather than VOC's. The plan revision must be submitted within 2 years after enactment. Significant Stationary Source Emissions If it is determined that stationary sources in serious areas contribute significantly to CO levels (to be determined according to rules issued by EPA), a "major" stationary source will be defined as a source that emits or has the potential to emit 50 tov CO. The plan revision must be submitted within 2 years after enactment. 2.3 WAIVERS EPA may waive any transportation control, I&M, or oxygenated fuel requirements if it is determined that mobile sources do not contribute significantly to CO levels. 2.4 CO MILESTONES By March 31, 1996, each state that includes all or part of a serious CO nonattainment is required to submit to EPA a demonstration that the specified annual emission reductions required by December 31, 1995 have been achieved. EPA has to determine whether the demonstration is adequate within 90 days of receipt. A state will be required to implement an economic incentive and trans- portation control program (as described for ozone nonattainnent areas that fail to meet their ozone milestone reductions), if the state fails to submit its milestone demonstration on time, or if EPA determines the milestone has not been met. 2.5 MULTI-STATE CO AREAS A CO nonattainment area that is a part of more than one state is a "multi-state" area. -22- ------- Each of the states concerned must coordinate (substantively and procedurally), the revision and implementation of the CO SIP for the area. EPA may not approve any SIP revision of a state that includes part of a multi-state area if the multi-state area requirements are not met. States may petition EPA to make a finding that their state would have been able to demonstrate attainment in the multi-state area except for the failure of one or more other states in which the multi-state area is located to commit to all of the CO nonattainment SIP provisions. If EPA affirms the finding, no sanctions will be imposed on the petitioning state. 2.6 FAILURE: OF SERIOUS AREA TO ATTAIN A serious CO nonattainment area that fails to attain by the attainment date will be required to implement an economic incentive program as described for ozone nonattainment areas. The plan revision must be submitted to EPA within 9 months after a determination of failure to attain. The economic incentive program in combination with other measures in the revised plan must reduce total CO emissions in the area by 5% per year for each year until attainment. Within 9 months after EPA determines that the area has failed to attain, the state must submit a plan revision to provide for an oxygenated fuel program requiring 3.1% minimum oxygen content, as required under section 219 of Title II. -23- ------- 3. REQUIREMENTS FOR PM-10 NONATTAINMENT AREAS 3.1 CLASSIFICATION OF PM-10 NONATTAINMENT AREAS Moderate Areas Areas designated nonattainment for PM-10 are initially classified as moderate. Reclassification to Serious Nonattainment areas that EPA determines cannot practicably attain the PM-10 standard by the attainment dates for a moderate area are reclassi fied to serious. Reclassification of an area designated nonattainment at enactment must be proposed by EPA by June 30. 1991 and final action must be made by December 31. 1991. For areas that are designated nonattainment after enactment, EPA must reclassify the area within 18 months after the date a state is supposed to submit its SIP for the moderate area. Any moderate area that fails to attain is reclassified as a serious area. EPA is required to determine and make pubic notice of the reclassification within 6 months after the applicable attainment date. 3.2 ATTAINMENT DATES Moderate Areas As expeditiously as practicable, but no later than pecember 31. 1994. or, for areas designated after enactment, no later than 6 years after designation as nonattainment. Serious Areas As expeditiously as practicable, but no later than By December 31. 2001 or for areas designated after enactment, no later than 10 years after designation as nonattainment. -24- ------- 3.3 EXTENSION OF ATTAINMENT DATES Moderate Areas EPA may, upon application by the state, grant UP to two 1-vear exten- sions, if the PM-10 has been fully implemented and no more than 1 exceedance of the 24-hour PM-10 standard has occurred in the area in the year prior to the extension year, and the annual mean concentration of PM-10 is less than or equal to the standard for the year prior to the extension year. Serious Areas The attainment date for a serious area may be extended upon application of the state, if EPA determines that the attainment date is impractica- ble, the SIP is fully implemented, and the plan includes the most stringent measures included in any other state SIP or that are achieved in practice in any state and can be feasibly implemented. EPA may grant one extension of no more than 5 years. Extensions are not approvable unless the state submits an attainment demonstration by the most expeditious alternative date practicable. EPA may consider economic and technological feasibility of control measures, as well as other factors in determining whether to grant an extension and the appropriate length of the extension. 3.4 WAIVERS EPA may waive any requirement for a serious PM-10 nonattainment area if it is determined that anthropogenic sources of PM-10 do not contribute significantly to violation of the PM-10 standard. The attainment date may also be waived if nonanthropoqenic sources contribute significantly to the violation of the PM-10 standard. 3.5 MANDATORY SIP PROVISIONS FOR PM-10 NONATTAINMENT AREAS 3.5.1 MODERATE PM-10 NONATTAINMENT AREAS Plan Provisions Plan revisions for moderate areas include: Construction and operating permit program for new and modified major stationary PM-10 sources; 25- ------- Attainment demonstration (including air quality modeling), or. a demon- stration that attainment by the attainment date is impracticable: RACM (including RACT), to be implemented by December 10. 1993 (or 4 years after designation for an area designated as moderate after enactment). Schedule States must submit plan revisions within 1 year of enactment, except that the NSR permit program provisions must be submitted by June 30, 1992; or, for areas designated after enactment, within 18 months after designation as nonattainment. 3.5.2 SERIOUS PM-10 NONATTAINMENT AREAS Plan Provisions All of the plan requirements for moderate areas apply also to serious areas, plus: Attainment demonstration (including air quality modeling), or for areas seeking an extension, a demonstration that the attainment date is impracticable and that attainment will be achieved by the most expedi- tious alternative date practicable: BACM. to be implemented no later than 4 years after the area is classi- fied (reclassified) as a serious area. Schedule The attainment demonstration (or demonstration of impracticability) must be submitted within U years after the area is reclassified to serious. For areas reclassified to serious for failure to attain, the attainment demonstration must be submitted within 18 months after reclassification. BACM provisions must be submitted within 18 months after reclassifica- tion of the area to serious. Ma lor Sources Definition in Serious Areas Defined as: any stationary source or group of stationary sources located within a contiguous area and under common control that emits, or has the potential to emit, at least 70 tons per year of PM-10. -26- ------- 3.6 MILESTONES The attainment demonstration required as part of the plan revisions muse include quantitative milestones that demonstrate reasonable further progress. Milestones must be achieved every 3 years. until attainment. Within 90 days after a milestone, each state that includes all or part of a nonattainment area must demonstrate to EPA that the milestone has been met and that all approved plan measures have been implemented. EPA has 90 days to determine if the demonstration is adequate. If a state fails to submit the above milestone demonstration on time, or if EPA determines that the area has not met any applicable milestone . within 9 months after the failure, the state must submit a plan revision capable of achieving the next milestone (or attaining the standard if there are no more milestones). 3.7 FAILURE TO ATTAIN Plan Revision Submittal If a serious area fails to attain, the state must submit a plan revision with 12 months after the attainment date (and after public notice and comment). Requirements The plan revision must be capable of achieving attainment and provide for at least annual 5% emission reductions from PM-10 or PM-10 precursor emission levels in the area as reported in the most recent inventory. 3.8 PM-10 PRECURSORS PM-10 control measures for major stationary sources apply also to major stationary sources of PM-10 precursors. Except. this requirement will not apply in areas where EPA determines that sources of PM-10 precursors do not contribute significantly to PM- 10 levels in excess of the standard. EPA must issue guidance on PM-10 precursor determinations. -27- ------- 3.9 RACM AND BACM GUIDANCE FOR PM-10 SOURCES EPA Is required to issue technical guidance (within 18 months after enactment) on RACM and BACM for urban fugitive dust sources, residential wood combustion, and prescribed sllvicultural and agricultural burning. Any additional RACM and BACM guidance on other source categories that contribute to PM-10 nonattainment are to be issued within 3 years after enactment. 28- ------- TITLE II MOBILE SOURCE PROVISIONS ------- TABLE OF CONTENTS Page 1. VEHICLE EMISSION STANDARDS 1 1.1 Light-Duty Vehicle and Trucks Up to 6,000 GVWR I 1.2 Phase II Emission Standards for Light-Duty Vehicles and Trucks (<3750 Ibs) 2 1.3 Light-Duty Trucks Greater than 6,000 Ibs GVWR 2 1.4 Heavy-Duty Trucks 3 1.5 Urban Buses 4 1.6 Mobile-Source Air Toxics Control 5 1.7 CO Emissions at Cold Temperatures 5 1.8 Control of Evaporative Emissions 6 2. EMISSIONS CONTROL AND COMPLIANCE TESTING 7 2.1 Onboard Fueling Requirement 7 2.2 Emissions Control Diagnostics 7 2.3 Motor Vehicle Testing and Certification 8 2.4 Auto Warranties 8 2.5 In-Use Compliance 8 2.6 Information Collection 10 2.7 High-Altitude Testing 10 2.8 Compliance Program Fees 10 2.9 Penalties For Tampering 11 2.10 Civil Actions/Administrative Penalties/Injunctive Authority . 11 3. FUEL REQUIREMENTS 14 3.1 Non-Road Fuels 14 3.2 State Control of Fuel or Fuel Additives 14 3.3 Fuel Waiver 14 3.4 Misfueling 14 3.5 Fuel Volatility » 14 3.6 Diesel Sulfur Content 15 ------- TABLE OF CONTENTS (Continued) Page 3. FUEL REQUIREMENTS (Continued) 3.7 Ethanol Substitute for Diesel 15 3.8 Lead Substitute Gasoline Additives 15 3.9 Prohibition on Lead 16 3.10 Fuel and Fuel Additive Importers 16 4. NON-ROAD ENGINES AND VEHICLES 17 4.1 Emission Standards 17 4.2 State Standards 18 5. REFORMULATED GASOLINE AND OXYGENATED GASOLINE 19 5.1 Regulation 19 5.2 Reformulated Fuel Requirements 19 5.3 Certification 19 5.4 Opt-in Areas 20 5.5 Credits 20 5.6 Anti-Dumping Rules 20 5.7 Detergents 21 5.8 Oxygenated Fuels 21 6. CLEAN-FUEL REQUIREMENTS 23 6.1 Definition of a Clean Fuel 23 6.2 Applicability and Plan Revisions 23 6.3 Clean-Fuel Emission Standards 23 6.4 Flexible and Dual-Fueled Vehicles 25 6.5 CARB Standards 25 6.6 Heavy-Duty Clean Fuel Vehicles 26 6.7 Credit Program For Fleets 26 6.8 Vehicle Conversions » 27 6.9 California Pilot Test Program 27 ii ------- 1. VEHICLE EMISSION STANDARDS 1.1 LIGHT-DUTY VEHICLES AND TRUCKS UP TO 6.000 GWR Implementation: Auto manufacturers are required to sell the following volumes of vehicles (LDVs and LDTs) meeting the emission standards in the table below: Model Year 1994 1995 1996 1997 For PM (LDVs only), NMHC. CO. NO. 40% 80% 100% and after For PM (LDTs only) 40% 80% 100% Emission Standards (gprn) Pollutant NMHC CO NO, Diesel NOX Veh. Wt. fibs LVW) 0-3.750 3,751-5,750 0-3,750 3,751-5,750 0-3,750 3,751-5,750 0-3,750* 3,751-5,750 PM LDVs & LDTs Certification 5 vrs/50.000 mi 0.25 0.32 3.4 4.4 0.4 0.7 1.0 Certification 5 vrs/50.000 mi 0.08 Certification 10 vrs/100.000 mi 0.31 0.41 4.2 5.5 0.6 0.97 1.25 0.97 Certification 10 vrs/100.000 mi 0.10 Applicable to diesel-fueled LDVs and LDTs prior to model year 2004. -1- ------- 1.2 PHASE II EMISSION STANDARDS FOR LIGHT-DUTY VEHICLES AND TRUCKS CO750 LBS") EPA, in conjunction with OTA, must complete a study and submit a report to Congress (after public comment) no later than June 1. 1997. on whether or not to establish more stringent Phase II emission standards for gasoline and diesel LDVs and LDTs of 3,750 Ibs LVW or less, beginning model year 2003 but no later than 2006. The study, and the determination whether to establish the Phase II standards are to be based on 1) the need for further emission reductions to achieve or maintain any of the NAAQS, 2) the availability of technology, and 3) the need and cost effectiveness of achieving further emission reductions from vehicles, considering alternative means of emission reduction. EPA must make the determination within 3 years after the report is submitted to Congress, but no later than December 31. 1999. EPA must consider the following pending standards in establishing the standards, but EPA may also establish alternative standards that are more or less stringent as long as the alternative standards are more stringent than the initial emission standards. Pending Emission Standards, for a useful life of 10 yrs/100,000 miles: Pollutant NMHC CO NOX Emission Level (enm) 0.125 1.7 0.2 1.3 LIGHT-DUTY TRUCKS GREATER THAN 6.000 LBS GVWR LDTs more than 6,000 Ibs GVWR must meet the following emission standards beginning with 50% of model year 1996 vehicles, and 100% thereafter: Emission Standards (gpm) Pollutant NMHC CO LDT Test Wt. (Ibs) 3,751-5,750 >5,750 3,751-5,750 >5,750 Certification 5 vrs/50.000 mi 0.32 0.39 4.4 5.0 Certification 11 vrs/120.000 mi 0.46 0.56 6.4 7.3 -2- ------- Emission Standards Pollutant NOX PM LDT Test Wt. dbs) 3,751-5,750 >5,750 3,751-5,750 >5,750 Certification 5 yrs/50.000 mi 0.7* 1.1* Certification 11 vrs/120.000 mi 0.98 1.53 0.10 0.12 * Diesel-fueled LDTs are not required to meet these standards. 1.4 HEAVY-DUTY TRUCKS Emission Standards Emission standards for HC, CO, NOX, and PM for heavy-duty vehicles or engines manufactured after model year 1983 must reflect the greatest degree of emissions reduction achievable using available technology for the applicable model year, considering costs, energy, and safety factors. Classes and categories of HDVs or engines may be based on gross vehicle weight, horsepower, type of fuel, or other factors. EPA may revise the HDV emission standards that were promulgated prior to enactment, based on information concerning the effects on public health and welfare of emissions from heavy-duty vehicles or engines, and other mobile source pollutants, considering costs. NCy Standard - the NOX standard for gasoline and diesel-fueled HDTs is 4.0 gbh. Effective for model year 1998 and later, Emission standards for HDVs or engines (promulgated or revised) may not be imposed until the model year beginning 4 years after promulgation and must apply for at least 3 model years. Rebuilt Engines EPA is required to study the rebuilding of heavy-duty engines and the subsequent effects on emissions. EPA may prescribe requirements on rebuilding, including emission standards for emissions that EPA finds may reasonably be anticipated to endanger public health or welfare, considering costs. The standards may apply to any rebuilt heavy-duty engine, including those beyond their useful life. -3- ------- Before the effective date of the requirements, EPA must allow time necessary for development and application of the required control measures (considering cost, energy, and safety factors). 1.5 URBAN BUSES Emission Standards EPA must promulgate regulations no later than 1/1/92 for urban buses beginning with model year 1994 and later models. The standards must be based on the best technology reasonably anticipated to be available, considering costs, safety, energy, lead time, and other relevant factors. Urban buses must also comply with the emission standards for heavy-duty vehicles. PM Reductions - the emission standards must achieve a 50% reduction in PM from the PM standard that is in effect at the time of enactment, unless EPA finds a 50% reduction is not technologically achievable (considering durability costs, lead time, safety, and other relevant factors). If so, the emission standard may be increased, but the standard must achieve at least a 30% reduction in PM emissions. Low Polluting Fuel Requirements for Urban Buses Annual Testing - EPA is required to conduct annual tests, starting with model year 1994, of a representative sample of operating urban buses to determine whether the buses are in compliance with the PM standard throughout their useful life. Promuleation of Standards - In the event EPA finds from the annual testing that urban buses are not in compliance with the PM standard over their useful life (pass/fail rate is to be established by EPA), standards must be promulgated requiring all new urban buses purchased or placed into service in all MSA's or CMSA's having 1980 population of 750.000 or more to operate on low-polluting fuel. (The PM standard remains in effect for such buses.) The requirements may be extended to MSA's or CMSA's with a 1980 popula- tion of less than 750,000 if EPA finds a significant benefit to public health by doing so. Implementation - EPA must promulgate a schedule phasing-in the low- polluting fuel over 5 consecutive model years, beginning 3 vears after the determination was made and ending with 100% compliance in the 5th model year. -4- ------- Retrofit No later than 12 months after enactment, EPA must promulgate emission standards or a emissions control technology requirement that reflects the best retrofit technology and maintenance practices reasonably achievable. Applicable to urban buses that have had their engines replaced or rebuilt after Jan 1, 1995 and that operate in MSA's or CMSA's with a 1980 population of 750.000 or more (or less than 750,000 if EPA has extended the requirements) and were not subject to the emission standards promulgated for model year 1994 or later. Enforcement EPA is required, within 18 months after enactment, to establish the following: administration and enforcement procedures, testing procedures (actual operating conditions), sampling protocols, in-use compliance requirements, and evaluation criteria. 1.6 MOBILE-SOURCE AIR TOXICS CONTROL Study EPA is required to conduct and complete a study within 18 months after enactment on the need and feasibility of controlling unregulated and toxics emissions from motor vehicles and fuels, including benzene, formaldehyde, and 1,3 butadiene (plus others that present the greatest risk to human health or that have significant remaining uncertainties.) Standards Standards must be established at a minimum for benzene and formaldehyde within 54 months after enactment and may apply to both fuels and vehicles. The standards must reflect the greatest degree of emission reduction achievable using available technology, considering motor vehicle standards already established, availability and cost of technology, noise, energy, safety factors, and lead time. 1.7 CO EMISSIONS AT COLD TEMPERATURES Phase I Cold CO Standard EPA must promulgate regulations within 1 year after enactment requiring that 1994 model year and later LDVs meet a CO standard at 20°F of 10.0 gpm, and for LDTs, a level comparable in stringency to the LDV standard. -5- ------- The standards are phased-in according to the manufacturer's sales volume of 40% in model year 1994; 80% in 1995; and 100% in 1996, and after. Phase II Standards By June 1, 1997, EPA is to have completed a study on the need for and the maximum achievable reductions in CO at 20°F from model year 2001 and later LDVs and LDTs. If, by June 1. 1997. 6 or more nonattainment areas have CO design values of 9.5 or more (not counting Steubenville, OH and Oshkosh, WI), EPA must establish the following CO emission standards for model year 2002 (and later): 3.4 gpm at 20°F applicable to LDVs; 4.4 gpm for LDTs (up to 6,000 GVWR). The useful life for both Phase I and II CO standards is 5 vrs/50.000 miles for certification and in-use compliance, which EPA may extend if feasible. Heavv-Dutv Vehicles EPA may promulgate regulations to control cold CO emissions from heavy- duty vehicles and engines. 1.8 CONTROL OF EVAPORATIVE EMISSIONS EPA must promulgate regulations to control evaporative emissions under summer high-ozone conditions from gasoline vehicles during operation, and over 2 or more days of no use. The regulations must take effect as expeditiously as possible and require the greatest degree of emission reduction achievable using means reasonably expected to be available for production during the applicable model year, and considering fuel volatility, cost, energy, and safety factors. EPA must begin the rulemaking within 1 year after enactment, but if final regulations are not promulgated within 18 months after enactment, EPA must explain to Congress in writing the reasons for the delay and commit to a final deadline for promulgation, not to be later than 15 months after the original 18 month deadline. -6- ------- 2. EMISSIONS CONTROL AND COMPLIANCE TESTING 2.1 ONBOARD REFUELING REQUIREMENT EPA must promulgate standards within 1 year after enactment (and after consulting with DOT on safety issues) requiring onboard vapor recovery systems with a minimum capture efficiency of 95% on new LDVs. The standards are to be phased-in beginning with 40% of the manufacturer's sales volume 4 years after the standards are promulgated, 80% in the fifth year, and 100% thereafter. Stage II vapor recovery requirements in moderate ozone nonattainment areas are not required after the onboard vapor recovery regulations are promulgated. For serious, severe, or extreme ozone nonattainment areas, EPA may revise or waive the Stage II requirements as soon as EPA determines onboard systems are in widespread use. 2.2 EMISSIONS CONTROL DIAGNOSTICS Regulation Within 18 months after enactment, EPA must promulgate regulations requiring new model year 1994 LDVs and LDTs to have onboard emission control diagnostics, and, according to EPA's discretion, also on HDVs and engines. EPA may waive the 1994 or 1995 model year requirements for any class or category of motor vehicles for which EPA determines the requirements would be infeasible, consistent with the California Air Resources Board policies and regulations. States that have I&M programs will have 2 years after promulgation of the regulations to amend their plans to include inspection of onboard diagnostics, and maintenance or repair requirements (consistent with warranty provisions). EPA must include requirements in the regulation to ensure standard and uniform diagnostics systems. The regulations must also require manufacturers to provide any and all information needed for the use of, or service of, the emissions control diagnostics systems, and to ensure that no information is provided exclusively to franchised dealers or other such repair services. -7- ------- 2.3 MOTOR VEHICLE TESTING AND CERTIFICATION Within 1 year after enactment, EPA is required to add additional test procedures (which will be necessary to obtain a certificate of conformity) for determining whether model year 1994 and later LDVs and LDTs that are properly maintained and used will be able to pass the section 207(b) inspection methods under certain reasonable, but uncontrollable conditions, including fuel characteristics, ambient temperature, and short waiting periods of 30 minutes or less. For original equipment manufacturers whose .sales in the U.S. will not exceed 300 for a given model year, EPA will not require operation of the vehicle for more than 5,000 miles or 160 hours in making useful life compliance determinations. EPA must, within 18 months after enactment, review and revise the FTP regulations as necessary to ensure that the circumstances for testing reflect actual current driving conditions, including fuel, temperature, acceleration, and altitude. 2.4 AUTO WARRANTIES For new model year 1995 and later LDTs, and new LDVs and engines, the warranty period is 2 years or 24.000 miles, whichever occurs first. Unless EPA modifies the regulations that were in effect prior to enactment, the existing warranties remain unchanged. Specified Components - for catalytic converters, electronic emissions control units, and onboard emissions diagnostic devices, the warranty period for new model year 1995 LDTs and LDVs (and later models), is 8 years or 80.000 miles, whichever occurs first. EPA may designate other "specified" major emission control devices if the device was not in general use prior to model year 1990 and the retail cost is more than $200 in 1989 dollars, not including installa- tion (adjusted for inflation). 2.5 IN-USE COMPLIANCE 2.5.1 INTERMEDIATE IN-USE STANDARDS LDVs and LDTs (UP to 6.000 GWR") The intermediate in-use standards for LDVs and LDTs are applicable to all of the 1994 and 1995 vehicles required to meet the certification standards (i.e., 40% of 1994 MY vehicles and 80% of 1995 MY vehicles). Beginning in 1996, 60% of 1996 model year vehicles and 20% of 1997 model year vehicles will be required to meet the intermediate in-use standards -8- ------- (The remaining percentage of vehicles in 1996 and 1997, i.e. 40% and 80%, respectively, must meet the final in-use standards). The intermediate in-use standards (in gpm) for LDVs and LDTs are: Vehicle NMHC CO NO. * LDVs 0.32 3.4 0.4 LDTs (0-3,750 LVW) 0.32 5.2 0.4 LDTs (3,751-5,750 LVW) 0.41 6.7 0.7 The NOX standards do not apply to diesel vehicles. LDTs Greater than 6.000 GVWR The intermediate in-use standards for these vehicles are applicable to the same vehicles that are subject to the certification standards, i.e., 50% of 1996 model year vehicles, and 100% of 1997 model year vehicles. In 1998, when the final in-use standards are also phased-in, 50% of the vehicles will have to meet the intermediate in-use standards and the remaining 50% will have to meet the final in-use standards. The intermediate in-use standards (in gpm) for LDTs over 6,000 Ibs GVWR are: Vehicle NMHC CO N0r * 3,751-5,750 Ibs 0.40 5.5 0.88 Over 5,750 Ibs 0.49 6.2 1.38 The NOX standards do not apply to diesel vehicles. The useful life period in 5 yrs/50,000 miles or equivalent. 2.5.2 FINAL IN-USE STANDARDS The final in-use standards are the same as the standards required for certification. For LDVs and LDTs up to 6,000 Ibs GVWR, the final in-use standards are phased-in beginning with 40% of 1996 model year vehicles, 80% of 1997 vehicles, and 100% of 1998 vehicles. Testing for in-use compliance is not to exceed 7 years or 75,000 miles, or the equivalent. For LDTs of more than 6,000 Ibs GVWR, the final in-use standards are phased-in beginning with 50% of 1998 model year vehicles and 100% of -9- ------- 1999 model year vehicles. Testing for compliance with the final in-use standards is not to exceed 7 years or 90,000 miles, or equivalent. 2.6 INFORMATION COLLECTION Manufacturers of new motor vehicles, engines, or vehicle or engine parts and other persons subject to this part (Part A) or Part C, are required to maintain records, perform tests (if not otherwise reasonably available), make reports, and provide information and access to records that EPA may reasonably require to determine compliance or to otherwise carry out the provisions of this Part (Part-A) and Part C. The informa- tion (records, reports, etc.) are to be made public unless it is deter- mined by EPA that trade secrets would be divulged. It is also required to permit access to, and copying of such records. Officers or employees designated by EPA are authorized to enter and inspect. 2.7 HIGH-ALTITUDE TESTING EPA is required to establish at least 1 high-altitude testing center to test classes and categories of vehicles and engines to determine compliance with the emission standards in high-altitude conditions. The EPA, DOE, and the Urban Mass Transportation Administration (and others if appropriate) must also establish a research and technology assessment center at a high-altitude location for developing less- polluting heavy-duty engines and fuels. The preferred proposal for the center will provide for cost-sharing and cost recovery. At least 1 high-altitude center, preferably an existing testing center with an established reputation and FTP capacity, must be designated for research on after-market emission components, dual-fueled vehicles and conversion kits, effects of tampering, testing of alternate fuels, and development of classes, training courses, and materials to improve effectiveness of I&M programs at high altitude elevations. 2.8 COMPLIANCE PROGRAM FEES EPA is authorized to promulgate regulations that establish fees to recover all reasonable costs attributed to new vehicle certification, compliance monitoring and testing, and in-use compliance monitoring and testing. To collect the fees, EPA may establish a fee schedule for all foreign and domestic manufacturers, based on any factors EPA determines are appropriate, equitable, and nondiscriminatory. For heavy-duty vehicles and engines, the fees are not allowed to exceed a certain reasonable amount. -10- ------- The fees are to be collected In a special U.S. Treasury fund, and will not be available for use until 1 fiscal year after the first July 1 that the fees are paid. The fees will be used for licensing and to carry out activities for which they were collected. 2.9 PENALTIES FOR TAMPERING It is prohibited for any person to: Remove. or render inoperative emission control devices prior to the sale and delivery of the vehicle, or knowingly remove or render inoperative such devices after sale and delivery. The penalty to manufacturers or dealers may not exceed $25.000. and for any other persons, $2.500 or less. Manufacture, or sell (or offer to sell) , or install any emission control bypass or defeat devices when the person knows or should know the purpose of the device. The penalty to any person is not to exceed $2.500. Each motor vehicle or engine, or each part, in the case of bypass or defeat parts, is considered a separate offense. A penalty of $25.000 per dav will be imposed on any person who fails or refuses to provide access to records, or entry, or any authorized testing or inspection, or fails or refuses to perform tests, or for any manufacturer to provide required information under the emission control diagnostics systems regulation. 2.10 CIVIL ACTIONS/ADMINISTRATIVE PENALTIES/INJUNCTIVE AUTHORITY Civil Actions EPA may commence civil actions to assess and recover any civil penalties under the tampering regulations, regulation of fuels (section 211(d)), or enforcement of the nonroad vehicles and engines requirements (section 213(d)). The action may be brought in the U.S. District Court in the district where the violation occurred, where the defendant resides, or the principal place of business. The court has jurisdiction to assess the penalty. The amount must be determined taking into consideration the gravity of the violation, any resulting economic benefit or savings, the size of the business, the history of compliance, action taken to remedy the violation, and, the effect of the penalty on the defendants ability to continue business, and other matters as justice requires. Witness subpoenas may run into any other district. -11- ------- Administrative Penalty Assessments In lieu of a civil penalty, EPA may assess an administrative penalty, not to exceed S200.000. unless a larger amount is appropriate, as determined jointly by EPA and the Attorney General (a determination for a larger amount is not subject to judicial review). EPA must give written notice of the assessment and provide the person being assessed the penalty to request a hearing, within 30 days of the notice. EPA may compromise or remit, with or without conditions, any administrative penalty. In assessing the amount of the penalty, EPA must consider the conditions as given above for assessing the amount of civil actions. Violations for which EPA has commenced and is diligently prosecuting an action, or for which the EPA has issued a final order not subject to further judicial review and the violator has paid the penalty assess- ment, shall not be subject to civil action. Such action does not affect any person's obligation to comply with any section of this Act, nor does it otherwise affect or limit EPA's enforcement authority. An administrative order becomes final 30 days after its issuance, unless a petition for judicial review is filed. Any person subject to a civil penalty may seek judicial review in district court within the 30 day period beginning on the date the civil penalty is issued. For any person failing to pay a civil penalty after the order is final, or after judicial review brings a final judgement in EPA's favor, EPA must request the Attorney General to bring a civil action to recover the amount assessed, plus interest. In addition, the person must pay the U.S. enforcement expenses, including attorneys fees and costs for collection proceedings, and a quarterly nonpayment penalty for each quarter during which the failure to pay persists. The nonpayment penalty is an amount equal to 10% of the aggregate amount of the person's penalties and nonpayment penalties that are unpaid at the beginning of the quarter. Civil Penalties and Injunctions Persons violating requirements under section 211, or who fail to furnish any information or conduct any test as required under 211(b), shall be liable for a civil penalty of not more than $25.000 per day of each violation and the amount of economic benefit or savings resulting from the violation. Any violation of a regulatory standard (under subsections (c), (k), (1), or (m) of section 211) that is based on a multi-day averaging period shall be considered a separate day of violation for each day in the averaging period. -12- ------- U.S. District Courts have the jurisdiction to restrain violations, to award other appropriate relief, and to compel the furnishing of informa- tion and conduct of tests required by EPA. -13- ------- 3. FUEL REQUIREMENTS 3.1 NON-ROAD FUELS EPA may require fuels and fuel additives that are used exclusively in non-road engines and non-road vehicles to be registered with EPA and regulated. 3.2 STATE CONTROL OF FUEL OR FUEL ADDITIVES States may control or prohibit use of fuel or fuel additives only if there are no other measures that could achieve timely attainment or if other technically possible measures exist, but which are unreasonable or impracticable. State preemption is limited to the characteristics or component subject to federal regulation. 3.3 FUEL WAIVER After enactment, no fuel or fuel additives may be introduced into commerce (or their use increased) for use in vehicles after model year 1974 if the fuel or fuel additive is not substantially similar to any other fuel or fuel additive used for certification of model year 1975 or later vehicles or engine. 3.4 MISFUELING Leaded gasoline - It is prohibited for any person to use or cause the use of leaded gasoline in any vehicle which the person knows (or should know) is intended only for unleaded gasoline, or in any 1990 or later vehicle labeled and equipped for unleaded gasoline. Diesel - After October 1. 1993. it is prohibited for any person to use or cause the use of diesel fuel that exceeds 0.05% sulfur or that does not meet a minimum cetane index of 40 (or equivalent). 3.5 FUEL VOLATILITY Reid Vapor Pressure (RVP) Requirements - Within 6 months after enact- ment, EPA is required to promulgate regulations requiring gasoline marketed during the high ozone season to meet a RVP standard of 9.0 psi or less, beginning no later than 1992. EPA can ttot establish a RVP standard more stringent than 9.0 except in nonattainment areas, and in -14- ------- former nonattainment areas that have been redesignated as an attainment area. Ethanol waiver - The RVP standards for gasoline and 10% ethanol fuel blends is to be 1 psi greater than the standards for gasoline, provided it can be demonstrated that the gasoline portion meets the RVP require- ments, the ethanol does not exceed waiver conditions, and no alcohol or other additive has been added to increase the RVP of the ethanol portion. The RVP requirements apply only in the contiguous states and D.C. 3.6 DIESEL SULFUR CONTENT After October 1. 1993. diesel fuel for motor vehicles must noc exceed 0.05% (by wt) sulfur, or fail to meet a minimum cetane index of 40 (or equivalent alternative aromatic level, if EPA establishes one). EPA is required to promulgate regulations to implement the diesel sulfur requirement within 12 months after enactment. EPA may require manufacturers and importers to dye non-motor vehicle diesel fuel. For heavy-duty diesel vehicles and engines, the sulfur content for certification of model year 1991 thru 1993 is 0.10% (by wt.). Model years 1994 and later must meet levels as established in the regulations above. Alaska and Hawaii may be exempted from the diesel sulfur requirement. EPA has 12 months from the date of the petition to act on any such petition. 3.7 ETHANOL SUBSTITUTE FOR DIESEL EPA is to contract with a laboratory (within 1 year after enactment) to evaluate the feasibility, engine performance, emissions, and production capability of an ethanol and high erucic raoeseed oil blend as a substitute for diesel fuel. EPA must report results to Congress within 3 years after beginning the contract. 3.8 T.FAp ?nysTITUTE GASOLINE ADDITIVES Anybody registering a gasoline additive or any previously registered additive as a lead substitute may register the additive as a lead substitute for reducing valve set wear. -15- ------- EPA is to develop test procedures to evaluate the effectiveness of an additive in reducing valve set wear, and its tendencies to produce engine deposits or other adverse effects. EPA must publish results of any tests conducted by company and name of the additive in the Federal Register, but is not allowed to rank the additives according to the test results. For comparison, the additives are to be tested against gasoline containing 0.1 gram of lead per gallon. Additives must be tested within 18 months of enactment, or 6 months after the lead substitute additive is proposed to EPA, whichever is later. EPA is authorized to impose a user fee for recovering costs of testing of up to $20.000 for a single fuel additive. Funds of $1,000,000 are appropriated for testing for the 2nd full fiscal year after enactment, and no more than $500,000/year for each of the 5 subsequent fiscal years. Fees are to be collected in a special U.S. Treasury fund. 3.9 PROHIBITION ON LEAD Lead Ban in Gasoline After December 31. 1995. motor vehicle gasoline containing lead or lead additives is prohibited. Ban on Engines Requiring Leaded Gasoline After model year 1992. the manufacture, sale, or introduction into commerce of any motor vehicle engine or non-road engine requiring leaded gasoline is prohibited (pursuant to regulations EPA must promulgate). 3.10 FUEL AND FUEL ADDITIVE IMPORTERS For purposes of section 211, the terms manufacturer and manufacture include importer and importation, respectively. -16- ------- 4. NON-ROAD ENGINES AND VEHICLES 4.1 EMISSION STANDARDS Study EPA must conduct and complete a study within 12 months of enactment to determine whether emissions from non-road engines and vehicles (other than locomotives or their engines) cause or significantly contribute to air pollution reasonably anticipated to endanger public health or welfare. Regulation EPA has 12 months from completion of the study to determine if CO, NOX, and VOCs from new and existing non-road engines and vehicles (other than locomotives or their engines) contribute significantly to CO or ozone nonattainment in more than 1 area, and if so, to promulgate regulations for new non-road engines and vehicles. The standards must achieve the greatest degree of emission reduction achievable using available technology, considering cost, noise, energy, and safety factors. In establishing the standards, EPA must first consider other standards of equal stringency for similar motor vehicles or engines. EPA may promulgate regulations for anv other pollutants that EPA finds many reasonably be anticipated to endanger public health or welfare, considering costs, noise, safety, and energy factors. Standards are to apply over the useful life of the engines or vehicles. No emission control devices that will cause or contribute to an unreasonable risk to public health, welfare, or safety are to be used. Locomotives and Engines EPA must promulgate separate standards for new locomotives and engines within 5 years after enactment. The level of emission reduction is the same as above. Effective Date The standards are to take effect at the earliest possible date consider- ing lead time for non-road engines and vehicles/cost of compliance, and energy and safety. -17- ------- 4.2 STATE STANDARDS Prohibition States are not allowed to enforce standards or any other requirements to control emissions from new engines smaller than 175 hp that are used in either construction or agricultural equipment or vehicles, or, for new locomotives or locomotive engines. Waiver of preemption is not allowed under section 209(b). California Program for Other Non-road Engines and Vehicles For other categories of non-road engines or vehicles, EPA shall authorize California (except under certain conditions) to adopt and enforce standards that California determines are at least as protective of public health as federal standards would be. Any state with approved SIPs may adopt the California plan as long as the standards, implementation, and enforcement are identical, and both California and the state adopt the plan at least 2 years before the standards take effect. -18- ------- 5. REFORMULATED GASOLINE AND OXYGENATED GASOLINE 5.1 REGULATION Within 1 year after enactment, EPA is required to promulgate regulations establishing requirements for reformulated fuel, to be used in the 9 worst ozone nonattainment areas (based on 1987-89 ozone design values) having a 1980 population greater than 250,000. 5.2 REFORMULATED FUEL REQUIREMENTS A reformulated fuel, in order to be certified, must meet certain general requirements for NOX, oxygen content, benzene, and heavy metals; and also must achieve reductions in ozone forming VOC's and toxic air pollutants equal to or greater than the required levels. The general requirements include the following limits: NOX, which may not exceed the level emitted from a baseline vehicle using baseline gasoline; a minimum oxygen content of 2.0% by weight; benzene level of 1.0% by volume or less; and a prohibition on any heavy metals. The VOC and toxics reductions requirement must be met by complying with the more stringent of either a set of "formula" requirements or certain specified percent reductions in ozone forming VOCs and toxic emissions: The formula requirements include most of the general requirements (benzene, oxygen content of 2.0%; a prohibition on lead) plus a limit on aromatic hydrocarbons to 25% by volume, and a requirement use of detergent additives. The percent VOC and toxics reductions require a 15% reduction in ozone-forming emissions and a 15% reduction in toxic air pollutant emissions from each of the aggregated baseline levels. Beginning in the year 2000, the reformulated gasoline must achieve a 25% reduction in VOC emissions and 25% reduction in toxic air pollutant emissions. The 25% requirement may be adjusted up or down, based on technologi- cal feasibility, considering cost, but may not be less than a 20% reduction from the baseline emissions. 5.3 CERTIFICATION A person may petition EPA to certify a fuel formulation, or slate of fue1 fo rmula t i ons. -19- ------- EPA must approve or deny a petition within 180 davs of receipt. If not, the fuel is considered certified until EPA completes action on the petition. Baseline Determination Within 1 year after enactment, EPA is required to determine the emissions of ozone forming VOCs and toxic air pollutants emitted from a baseline vehicle using baseline gasoline; EPA must include a determination of the appropriate measures and methodology for calculat- ing emissions. 5.4 OPT-IN AREAS Upon application of the state, any area that is a marginal, moderate, serious, or severe ozone nonattainment area may opt into the reformu- lated fuel program. The program must go into effect for these areas no later than January 1, 1995 or within 1 year after the application is received by EPA, whichever is later. In the event the domestic capacity to produce the reformulated fuel is found by EPA to be insufficient (by EPA's own motion or on petition by any person) EPA will delay for 1 year the imposition of the reformulated fuel requirements in the areas that want to opt-in to the program. EPA can renew the extension for up to 2 1-year periods. 5.5 CREDITS Credits are to be granted to any person who refines, blends, imports, and certifies reformulated gasoline that achieves greater reductions in aromatic hydrocarbons and benzene, or has a higher oxygen content than required. Credits (in whole or part) are transferable to another person for use in the same nonattainment area. 5.6 ANTI-DUMPING RULES EPA must promulgate regulations, within 1 year after enactment, to ensure that conventional gasoline sold or introduced into commerce does not result in average per gallon emissions of VOC, NO,, CO, and toxic air pollutants in quantities greater than is attributable to gasoline sold or introduced into commerce by that refiner an 1990 (or the baseline gasoline if there is not adequate, reliable data on the 1990 gasoline). -20- ------- In determining compliance, increases in NOX emissions from the addition of oxygenates may be offset by equivalent (or greater) reductions in VOC emissions, CO, toxics, or a combination of these. The effective date is January 1. 1995. 5.7 DETERGENTS Beginning January 1. 1995. all gasoline sold or dispensed must contain detergent additives to prevent engine or fuel supply deposits. 5.8 OXYGENATED FUELS States that include all or part of a CO nonattainment area having a design value of 9.5 ppm or above (based on 1988-1989, or any later 2- year period) must submit a plan revision to EPA requiring oxygenated gasoline containing a minimum of 2.7% oxygen (by weight), to be sold and dispensed in CMSA's or MSA's in the CO nonattainment area during the high CO portion of the year (to be determined by EPA). The high CO portion of the year must not be less than 4 months long, unless the state can demonstrate to EPA that due to meteorological reasons, there will be no exceedances of the CO standard outside of the reduced period of time. Waivers EPA shall waive the oxygenated fuel requirement if the state demonstrates satisfactorily that use of oxygenated fuel would prevent or interfere with any of the NAAQSs other than CO, or where the state demonstrates that mobile source CO emissions do not contribute signifi- cantly to CO levels in the area. In addition, EPA may grant an extension of 1 year from the oxygenated fuel requirements if, according to petition by any person, EPA determines that there is, or is likely to be, an inadequate domestic supply or distribution capacity for oxygenated fuels. EPA has 6 months after receiving the petition to act. EPA may grant an additional .extension of 1 year in response to a petition. If an extension is granted because of limited supplies of oxygenates, EPA must grant the waiver in such a manner as to assure that areas having the highest CO design value have priority in obtaining oxygenated gasoline. Marketable Oxygen Credits Within 9 months after enactment, EPA must promulgate guidelines on using marketable oxygen credits (obtained from gasolines that have higher oxygen levels than required) to offset gasolines with lower than -21- ------- required oxygen levels. nonattainment areas. Failure to Attain Oxygen credits are not transferable between For serious CO nonattainment areas that fail to attain by the applicable deadline, states must submit a plan revision (within 9 months after the determination of failure was made) requiring the minimum oxygen content of gasoline to be 3.1% instead of 2.7%, unless waived (all waivers apply). -22- ------- 6. CLEAN-FUEL REQUIREMENTS 6.1 DEFINITION OF A CLEAN FUEL A clean fuel may be any fuel, such as methanol, ethanol, or other alcohols (in fuel blends of 85% or more alcohol with gasoline or other fuel), reformulated gasoline, diesel, natural gas, liquefied petroleum gas, and hydrogen, or power source, including electricity, that meets the clean fuel requirements and standards. 6.2 APPLICABILITY AND PLAN REVISIONS The clean-fuel requirements are applicable to fleets of 10 or more vehicles that are capable of being centrally refueled (but not vehicles normally garaged at a personal residence each night) in serious, severe. or extreme ozone nonattainment areas and CO nonattainment areas (with a. CO design value of 16.0 ppm or above) with a 1980 population of 250,00 or more. EPA must promulgate regulations within 24 months after enactment containing clean-fuel vehicle standards for the specified vehicles. States must submit a plan revision implementing the clean-fuel require- ments within 42 months after enactment, or for reclassified ozone nonattainment areas, within I year after reclassification. (EPA may adjust for a limited period any infeasible compliance deadlines for reclassified areas). 6.3 CLEAN-FUEL EMISSION STANDARDS Light-Duty Trucks (up to 6.000 Ibs GVWR) and Llght-DMtv Vehicles Phase I" Phase II" Pollutant Vehicle 5 vr/50.000 10 vr/100.000 5 vr/50.000 10 vr/100.000 (gpm) (gpm) NMOG LDV & LDTs 0.125 0.156 0.075 0.090 (to 3,750 Ibs) LDTs (3750- 0.160 0.200 0.100 0.130 5,750 Ibs) -23- ------- Phase I** Phase II" Pollutant CO Vehicle 5 vr/50.000 10 vr/100.000 5 vr/50.000 10 vr/100.000 (gpm) 3.4 4.4 0.4 0.7 0.015 0.018 4.2 5.5 0.6 0.9 0.08 0.08 0.018 0.023 (gpm) 3.4 4.4 0.2 0.4 0.015 0.018 4.2 5.5 0.3 0.5 0.08 0.08 0.018 0.023 LDV & LDTs (to 3,750 Ibs) LDTs (3,750- 5,750 Ibs) NOX LDV & LDTs (to 3,750 Ibs) LDTs (3,750- 5,750 Ibs) PM* LDV & LDTs (to 3,750 Ibs) LDTs (3,750- 5,750 Ibs) HCHO LDV & LDTs (to 3,750 Ibs) LDTs (3,750- 5,750 Ibs) Applies only to diesel-fueled vehicles. Phase I standards are applicable beginning with model year 1996; Phase II standards begin in model year 2001. Accelerated Standard - Fleet vehicles in model years 1998 to 2000 that are LDTs up to 6,000 GVWR and LDVs must comply with the Phase II standards as soon as such vehicles which are in compliance with the Phase II standards are offered for sale in California, or in 2001 (whichever is sooner). The Phase II standards are phased-in for covered fleets as follows: 1998 MY-30%; 1999 MY-50%; and 2000 MY-70%. LIGHT-DUTY TRUCKS GREATER THAN 6.000 LBS GVWR The following clean-fuel emission standards for LDTs from 6,000 Ibs GVWR to 8,500 Ibs GWR begin with model year 1998: Pollutant NMOG Vehicle (Ibs tw) to 3,750 3,750-5,750 5,750+ Emission Standards (£Dm) 50.000 miles 0.125 0.160 0.195 120.000 miles 0.180 0.230 0.280 -24- ------- Pollutant CO NOX PM* HCHO Vehicle fibs tv) to 3,750 3,750-5,750 5,750+ to 3,750 3,750-5,750 5,750+ to 3,750 3,750-5,750 5,750+ to 3,740 3,750-5,750 5,750+ Emission Standards 50.000 miles 3.4 4.4 5.0 0.4 0.7 1.1 * Applies only to diesel- fueled vehicles. ** Not applicable to diesel-fueled vehicles. " " " 0.015 0.018 0.022 120.000 miles 5.0 6.4 7.3 0.6 1.0 1.5 0. 0. 08 10 0.12 0.022 0.027 0.032 6.4 Fi^yTBT.F AND DUAL- FUELED VEHICLES EPA must establish standards and requirements for model year 1996 flexible and dual- fueled vehicles requiring that such vehicles meet the CO, NOX, and HCHO standards above (and PM, if appropriate). In addition, flexible and dual -fueled vehicles must meet other specified standards for NMOG when operating on the clean fuel for which it is certified, and, also when operating on conventional fuel. The NMOG standards are applicable to LDVs and LDTs up to 6,000 Ibs GWR beginning in 1996, with more stringent standards imposed in model year 2001; and for LDTs more than 6,000 Ibs GWR beginning in model year 1998. 6.5 GARB STANDARDS If clean-fuel emission standards promulgated by California are at least as protective (in the aggregate) of public health and welfare as the federal standards outlined above, the California standards will replace the federal standards. If California promulgates multiple sets of standards and each set is at least as protective of public health and welfare as the federal standards, the least stringent set of California standards will replace the federal standards. -25- ------- In the event the California standards are revised after enactment resulting in a less stringent standard than the federal standard, or if the effective date is delayed, any vehicle that is covered by the California standards shall comply with the less stringent California standard or the delayed effective date for an interim period of up to 2 model years after the effective date of the federal standard. The federal standard will apply after the interim period (unless replaced by a California standard). If the California numerical clean-fuel standards are identical to the federal standards (for vehicles of 8500 Ibs GVWR or less), EPA must administer and enforce the emission standards in exactly the same manner and with the same flexibility as the California program, and the standards will be subject to the same requirements, interpretations and policy judgements (including certification, in-use compliance, and production-line testing) as the California program, unless EPA finds that administration of the program does not meet the waiver criteria for state standards under section 209. 6.6 HEAVY-DUTY CLEAN FUEL VEHICLES fabove 8500 Ibs GVWR) Heavy-duty vehicles or engines above 8500 Ibs GVWR to 26,000 Ibs GVWR must meet a combined NOX and NMHC emission standard of 3.15 gbh (which equals a 50% reduction from the emission standards applicable to a conventional 1994 model year heavy-duty diesel-fueled vehicle or engine) beginning with model year 1998 and later vehicles. No standard for vehicles over 26,000 Ibs GVWR are to be promulgated. If the 50% reduction is determined to be infeasible, considering costs, durability, lead time, safety, and other relevant factors, EPA may promulgate a less stringent standard but no less stringent than a 30% reduction. This determination must be made before December 31. 1993. Anybody may petition EPA to make a determination of technological infeasibility. 6.7 CREDIT PROGRAM FOR FLEETS States must grant credits to fleet operators for purchasing more clean- fuel vehicles than required, or clean-fuel vehicles that meet the more stringent standards for Ultra-Low Emission Vehicles (ULEV) and Zero Emissions Vehicles (ZEV), or for other categories of vehicles that meet the ULEV or ZEV standards. Use of credits - Credits, which must be weighted to reflect the level of emission reduction, may be traded, sold, held or banked but may be used to demonstrate compliance only in the same nonattainment area. If credits are granted for the purchase of a vehicle that is 8,500 Ibs GWR or less, they may not be used to demonstrate compliance for vehicles -26- ------- greater than 8,500 Ibs GVWR, and vice versa. Earlv credits will be granted for certified clean-fuel vehicles that are purchased after the plan is revised but before the effective date of the fleet program. Regulation - EPA must promulgate regulations for the credit program (which will be administered by each state) within 12 months after enactment. ULEVs and ZEVs - EPA must establish standards for Ultra-Low Emission Vehicles and Zero Emissions Vehicles, following as closely as possible the California ULEV and ZEV standards (for vehicles less than 8,500 Ibs GVWR). These standards are solely for issuing credits to fleet owners, but must be administered and enforced in the same manner as the other clean-fuel standards, including certification of vehicles that meet the standards. EPA must also promulgate ULEV and ZEV standards for heavy duty vehicles. 6.8 VEHICLE CONVERSIONS EPA must promulgate regulations within 2 years after enactment on conversion of conventional vehicles to clean fuel vehicles. A conversion of existing or new gasoline or diesel-powered vehicles to a clean-fuel vehicle is considered for enforcement and regulation purposes as a purchase of a clean fuel vehicle. A person who converts a conventional vehicle to a clean fuel vehicle will be considered a manufacturer under the testing and certification provisions and in-use compliance provisions, and other related enforcement provisions. Conversions that are done in compliance with the applicable regulations (above) will not be considered a violation of the tampering rules. If necessary, the DOT will promulgate rules on the safety of existing and new vehicles that have been converted to clean-fuel vehicles. 6.9 CALIFORNIA PILOT TEST PROGRAM Applicability EPA must establish a pilot program for LDTs and LDVs in California to demonstrate effectiveness of clean-fuel vehicles in controlling pollu- tion in ozone nonattainment areas. Requirements EPA must promulgate regulations within 24 months after enactment, establishing requirements for clean-fuel vehicles to be produced, sold, and distributed in California in quantities to meet or exceed 150.000 -27- ------- vehicles per year in 1996, 1997, and 1998, and 300.000 vehicles in 1999 and after. Clean Fuel Plan Within 2 years after enactment, California must submit to EPA as a SIP revision a clean fuel plan requiring clean alternative fuels to be produced and distributed in quantities that, at a minimum, will allow all of the required clean fuel vehicles to run exclusively on clean fuel in California. Credits - California may grant credits for exceeding the fuel require- ments, considering enforceability, environmental, and economic factors, and other appropriate factors. Fuel Specifications - California can also establish fuel specifications if necessary to reduce or eliminate unreasonable risk to public health, welfare, or safety. Gasoline station owners that had removed or replaced an underground storage tank to comply with RCRA requirements prior to enactment will be given a 7 year grace period from the date the tank or tanks were removed before having to remove or replace one or more tanks to comply with the clean fuel requirements. EPA must establish a clean fuel program for California within 4 years after enactment if California fails to adopt a program that meets all requirements. redits for Vehicle Manufacturers EPA may grant automobile manufacturers credits for selling more than the required number of clean-fuel vehicles, and for selling vehicles that meet the Ultra-Low Emission Vehicle and Zero Emissions Vehicle Standards (same as for the fleets program), considering enforceability, environ- mental, and economic factors, and other appropriate conditions. The credits are transferable to one or more other manufacturers for demonstrating compliance. EPA must promulgate regulations within 12 months after enactment on this credit program, which EPA must administer. Program Evaluation Bv June 30. 1994. EPA must report to Congress on the California Low- Emissions Vehicle and Clean Fuels Program, examining the technological capability of automobile manufacturers to comply with the clean fuel program and this Pilot Program. -28- ------- By June 30. 1998. EPA must submit a second report on technological capability (as above), and also submit a report on the effectiveness of the California Pilot Program in reducing emissions, the costs, the advantages/disadvantages of extending the program to other nonattainment areas, and whether or not it is desirable to continue or expand the program in California. Voluntary Opt-In Program EPA must promulgate regulations no later than 2 years after enactment on establishing a voluntary opt-in program to implement the California Pilot Program in other states. States are prohibited from establishing any production or sales mandate for clean-fuel vehicles or alternative fuels, or from imposing penalties on manufacturers and fuel suppliers for failing to produce or sell clean fuel vehicles or fuels. States that include a serious, severe, or extreme ozone nonattainment area, which have opted into the clean fuel program, may submit a revision to implement a program of incentives to encourage the sale or use of the same clean-fuel vehicles and clean alternative fuels as are required in California. The incentives may not apply to fleet vehicles already covered by the clean fuel requirements. The incentive plan must not become effective until 1 year after motor vehicle manufacturers and fuel suppliers have been notified. The incentives may include: 1) a registration fee of at least 1% of the cost of vehicles that are not clean-fuel vehicles, 2) provisions to exempt clean-fuel vehicles from high-occupancy vehicle or trip reduction measures, and 3) preference to clean-fuel vehicles in the use of existing parking places. 29- ------- TITLE UI HAZARDOUS AIR POLLUTANT PROGRAM ------- TABLE OF CONTENTS Page 1. GENERAL PROVISIONS 1 1.1 Definitions 1 1.2 List of Hazardous Pollutants 1 1.3 List of Source Categories 4 1.4 Schedule for Promulgating Standards 6 2. EMISSIONS STANDARDS 8 2.1 Technology-Based Emissions Standards 8 2.2 Health-Based Emissions Standards 10 2.3 Modifications 11 2.4 Work Practice Standards 12 3. SCHEDULE FOR COMPLIANCE 13 3.1 Compliance Schedule Table 13 3.2 Exceptions to the Compliance Schedule 14 4. EQUIVALENT EMISSION LIMITATION BY PERMIT 16 4.1 Effective Date 16 4.2 Failure to Promulgate Standard 16 4.3 Emission Limitation 16 4.4 Subsequent Standards 16 5. AREA SOURCE PROGRAM 17 5.1 Research Program 17 5.2 National Strategy 17 5.3 Areawide Activities 18 5.4 Report to Congress 18 ------- TABLE OF CONTENTS (Continued) Page 6. COKE OVEN EMISSIONS 19 6.1 Emission Standards 19 6.2 Work Practice Standards 19 6.3 Extensions from the Health-Based Standards 20 7. STATE HAZARDOUS POLLUTANT CONTROL PROGRAMS 22 7.1 Authority 22 7.2 Guidance 22 7.3 EPA Assistance 22 7.4 Program Approval or Disapproval 23 8. ATMOSPHERIC DEPOSITION TO THE GREAT LAKES AND COASTAL WATERS ... 24 8.1 Assessment of Atmospheric Deposition 24 8.2 Monitoring 24 8.3 Report to Congress 25 9. REPORTS, GUIDANCE, AND SPECIAL STUDIES 26 9.1 Electric Utility Steam Generating Units 26 9.2 Coke Oven Production Technology Study 26 9.3 Publicly Owned Treatment Works (POTUs) 27 9.4 Oil and Gas Wells 27 9.5 Hydrogen Sulfide Assessment 28 9.6 Hydrofluoric Acid Study 28 9.7 RCRA 28 9.8 National Academy of Sciences Study on Risk Assessment .... 28 9.9 Mickey Leland Urban Air Toxics Research Center 29 9.10 Periodic Report to Congress 29 9.11 Savings Provision 29 ii ------- TABLE OF CONTENTS (Continued) Page 10. PREVENTION OF ACCIDENTAL RELEASES 31 10.1 List of Substances 31 10.2 Chemical Safety Board 31 10.3 Accident Prevention 33 10.4 Research 34 10.5 Chemical Process Safety Management 35 11. RISK ASSESSMENT AND MANAGEMENT COMMISSION 36 12. SOLID WASTE COMBUSTION 37 12.1 New Source Performance Standards 37 12.2 Existing Solid Waste Incineration Units 38 12.3 Other Requirements 39 12.4 Effective Date 40 12.5 Ash Management and Disposal 40 iii ------- 1. GENERAL PROVISIONS 1.1 DEFINITIONS (Section 112Ua) 1.1.1 DEFINITION OF A MAJOR SOURCE A major source is defined as any stationary source or group of station- ary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant, or 25 tons per year or more of any combination of hazardous air pollutants EPA may establish a lesser quantity than that specified above, or for radionuclides different criteria, on the basis of the potency, persis- tence, potential for bioaccumulation, other characteristics of the air pollutant, or other relevant factors. 1.1.2 DEFINITION OF A MODIFICATION A modification is any physical or operational change of a major source that increases the actual emissions of any hazardous air pollutant emitted by the source by more than a de minimis amount, or results in the emission of any hazardous air pollutants not previously emitted in more than a de minimis amount. Such an increase will not be considered a modification if the increased emissions are offset by an equal or greater decrease in the amount of another hazardous air pollutant (or pollutants) emitted. The other pollutant(s) used to offset the emission increase must be more hazardous than the pollutant(s) being offset. The offset must be approved by EPA or the state, and be in compliance with the requirements under this section on modifications. 1.2 LIST OF HAZARDOUS POLLUTANTS (Section 112") (b) 1.2.1 SUBSTANCES TO BE LISTED The bill establishes an initial list of 189 hazardous pollutants. 1.2.2 REVISIONS TO THE LIST EPA is required to periodically review the list, publish the results of the review, and if appropriate, revise the list by rule by adding pollutants. -1- ------- Pollutants that mav be added to the list include those that present ;or may present) through inhalation or other routes of exposure, a threat of adverse human health or environmental effects through either ambient concentrations, bioaccumulation, deposition, or otherwise; but not including releases subject to the accident prevention provisions of this title. Substances causing "adverse human health effects" include, but are not limited to, those that are known to be, or that may reasonably be anticipated to be carcinogens, mutagenic, teratogenic, neurotoxic, or that cause reproductive dysfunction, or tha.t are acutely or chronicalLv toxic. Pollutants listed under Section 108(a) (Air Quality Criteria and Control Techniques) may not be added to the list of hazardous air pollutants, with the exception of pollutants that are precursors or those that belong to a class of pollutants listed under Section 108(a). No substance, practice, process or activity regulated under Title VI (Stratospheric Ozone Protection) shall be subject to regulation as a hazardous air pollutant under this section due solely to its adverse effect on the environment. Elemental lead may not be listed as a hazardous air pollutant. 1.2.3 PETITIONS TO MODIFY THE LIST Petitions At any time after 6 months after enactment, any person mav petition EPA to modify the list of hazardous air pollutants. The list may be modified by adding or deleting substances from the list, or, for listed pollutants without CAS numbers (except coke oven emis- sions, mineral fibers, or POM), by removing certain unique substances. EPA must grant or deny the petition, within 18 months after receipt, by publishing a written explanation of EPA's decision. Any petition must Include a showing by the petitioner that there is adequate data on the health or environmental effects of the pollutant, or other evidence adequate to support the petition. A petition may not be denied by EPA solely because of inadequate resources or time for review. Adding Substances by Petition EPA must add a substance upon a showing by the petitioner (or upon EPA's own determination) that the substance is an air pollutant and that -2- ------- emissions, ambient concentrations, bioaccumulation or deposition of the substance are known to cause, or may reasonably be anticipated to cause adverse effects to human health or adverse environmental effects. Deleting Substances by Petition EPA must delete a substance upon a showing by the petitioner (or upon EPA's own determination) that adequate data exists on the health and environmental effects of the substance to determine that emissions, ambient concentrations, bioaccumulation or deposition of the substance may not reasonably be anticipated to cause any adverse effects to hurcan health or adverse environmental effects. Unique Substances EPA must delete one or more unique substances that contain a listed hazardous pollutant not having a CAS number (except coke oven ejaissions mineral fibers, or POM) upon a showing by the petitioner (or upon EPA's own determination) that the deletion requirements (as specified above < are met. For a deletion petition concerning a hazardous air pollutant without a CAS number filed within 12 months of enactment, EPA must grant or deny the petition prior to promulgating any technology-based emission standards applicable to any source category of the pollutant. 1.2.4 INFORMATION AND TEST METHODS If EPA determines that information on the health or environmental effects of a substance is not sufficient to make a required determina- tion, EPA may use any available authority to obtain the information needed. EPA is authorized to establish, by rule, test measures and other analytic procedures for monitoring and measuring emissions, ambient concentrations, deposition, and bioaccumulation of hazardous air pollutants. 1.2.5 PREVENTION OF SIGNIFICANT DETERIORATION None of the pollutants listed under this section as a hazardous air pollutant shall be subject to part C PSD requirements. -3- ------- 1.3 LIST OF SOURCE CATEGORIES (Section 112") (cl 1.3.1 ESTABLISHING THE SOURCE CATEGORY LIST EPA must publish a list of all categories and subcategories of major sources and area sources of the listed hazardous air pollutants no later than 12 months after enactment. EPA is required to revise the list of source categories (if appropriate) from time to time but at least every 8 years. The listed categories and subcategories must be, to the extent practi- cable . consistent with the list of source categories under the NSPS requirements (Section 111) and the PSD requirements (Part C). EPA may establish subcategories, as appropriate. EPA has the discretion to list any previously regulated category or subcategory as in effect prior to enactment. 1.3.2 AREA SOURCES The EPA must list each category or subcategory of area sources that EPA determines presents a threat of adverse effects to human health or the environment, individually or in the aggregate warranting regulation under this section. Within 5 years after enactment, EPA must list and regulate enough categories or subcategories of area sources (based on actual or estimated aggregate emissions of the listed pollutant or pollutants) to ensure that area sources representing 90% of the area source emissions of the 30 hazardous pollutants that present the greatest threat to public health in the largest number of urban areas are subject to regulation no later than 10 years after enactment. 1.3.3 ADDITIONAL CATEGORIES EPA may list additional categories or subcategories of sources at any time. The same criteria for designation, as outlined above, applies. The technology-based emissions standards for these additional categories or subcategories (i.e., those that are listed after publication of the initial source category list) must be promulgated within 10 years after enactment or within 2 years after the category or subcategory is listed. whichever is later. 1.3.4 SPECIFIC POLLUTANTS Within 5 years after enactment, EPA must list categories and subcatego- ries of sources of seven specific pollutants (below) to ensure that sources that account for at least 90% of the aggregate emissions of each -4- ------- pollutant are subject to technology-based standards (maximum degree of emission reduction or a technology-based standard based on an ample margin of safety considering the health threshold level, if any) within 10 years after enactment. The specific pollutants are: alkylated lead compounds, POM, hexachloro- benzene, mercury, polychlorinated biphenyls, 2,3,7,8-tetrachlorodibenco- furans, and 2,3,7,8-tetrachlorodibenzo-p-dioxin. EPA is not required to promulgate standards to control emissions of these specific pollutants from electric utility steam generating units. unless warranted (pursuant to a study EPA is required to make on the public health hazards of emissions from such sources). 1.3.5 SPECIFIC SOURCE CATEGORIES Research Facilities A separate category for research or laboratory facilities must be established to assure the equitable treatment of these facilities. A research or laboratory facility is defined as a stationary source that primarily conducts research and development on new processes and products under close supervision of technically-trained personnel, but that does not manufacture products for commercial sale, except in a de minimis manner. Boat Manufacturing/Stvrene EPA must list boat manufacturing as a separate subcategorv when estab- lishing emission standards for styrene, unless EPA determines that such a listing is inconsistent with the goals and requirements of the CAA. 1.3.6 DELETIONS EPA may delete any source category from the list on its own motion or on petition by any person if EPA determines that: For pollutants that mav cause human cancer, no source in the category, or group of sources for area sources, emits the pollutants in quantities that may cause a lifetime risk of cancer greater than 1 in 1 million to the most exposed individual in the population, or For pollutants that may result in adverse human health effects (besides cancer) or adverse environmental effects, no source in the category (or subcategory) or group of sources for area sources, emits pollutants in levels that exceed a level adequate to protect public health with an ample margin of safety, and that no adverse environmental effect will result. 5- ------- EPA shall delete a source category from the list if the sole reason f:>: listing the source category is the emission of a unique chemical substance if that unique substance has been deleted from the hazardous pollutant list pursuant to the applicable requirements for deletion. EPA must grant or deny a petition for deletion of a source category within 1 year after filing. 1.4 SCHEDULE FOR PROMULGATING STANDARDS (Section 112Ue) Deadlines EPA must promulgate regulations establishing emissions standards for the initially listed categories and subcategories as expeditiously as practicable and in keeping with the following schedule: * of Source Categories Deadline from Enactment At least 40 categories and subcategories 2 years and coke oven batteries December 31, 1992 25% 4 years 50% 7 years 100% 10 years EPA must consider the following factors when determining priorities for promulgating the standards: the known or anticipated adverse effect OP. human health and the environment: the quantity and location of emissions (or reasonably anticipated emissions); and the efficiency of grouping the categories (or subcategories) by the pollutants emitted, or by the processes or technologies used. Published Schedule Within 24 months after enactment (and after opportunity for comment), EPA must publish a schedule establishing dates for promulgation of emissions standards for each listed category and subcategory. The schedule must be in accordance with the deadlines and priorities outlined above. In establishing this schedule, the determination of priorities for promulgation of standards is not a rulemaking and is not subject to judicial review, except that failure to promulgate any standard according to the schedule is subject to review under section 304 (citizen suits). Judicial Review Neither adding a pollutant to the list of hazardous air pollutants, nor listing source categories is a final agency action subject to judicial -6- ------- review, except that such actions may be reviewed under section 307 (General Provisions Relating to Administrative Proceedings and Judicial Review) when EPA issues emission standards for the pollutant or category. Publicly Owned Treatment Works (POTW) Technology-based emission standards for POTWs must be promulgated no later than 5 years after enactment. -7- ------- 2. EMISSIONS STANDARDS 2.1 TECHNOLOGY-BASED STANDARDS (Section 1121fd) 2.1.1 PROMULGATION EPA muse promulgate emission standards for each listed category or subcategory of major sources and area sources in accordance with the applicable schedule. In establishing the standards, EPA may distinguish among classes. types. and sizes of sources within a category (or subcategory) except that no delay in the compliance date is allowed. Reviev EPA must review and revise (as necessary) the emissions standards no les-s often than every 8 years, considering developments in practices, processes, and control technologies. No emissions standard or other requirement promulgated pursuant to this section is to diminish or replace the requirements of any other more stringent emission limit or requirement under this Act, or a standard established under state authority. 2.1.2 LEVEL OF CONTROL The emissions standards must achieve the maximum degree of emissions reduction deemed achievable by EPA for new or existing sources in the applicable category or subcategory (including prohibition of emissions) considering cost of achieving the emissions reduction, any non-air quality health and environmental impacts and energy requirements, through application of measures, processes, methods, systems, or techniques. The measures to implement the standards may include, but are not limited to, process changes or material substitutions; enclosure; measures to collect, capture, or treat process, storage, stack or fugitive emis- sions; design, equipment, work practice or operational requirements; or any combination of such measures (but, the measures may not compromise U.S. patent, trademark, trade secret, or intellectual rights, or confidential business information). If a health threshold can be established for a pollutant, EPA may consider such level with an ample margin of safety when establishing the emissions standards. -8- ------- Emissions Reduction Floor For new sources, the maximum degree of emissions reduction deemed achievable must not be less stringent than the emission control achieved in practice by the best controlled similar source (as determined by EPA) For existing sources, the standards may be less stringent than for new sources in the same category or subcategory, but must not be less stringent (and may be more stringent) than the following levels: For categories and subcategories having 30 or more sources - The average emissions limit achieved by the best performing 12% of the existing sources in the category or subcategory for which EPA has emissions information (excluding sources that first achieved, within 13 months prior to proposal or 30 months prior to promulgation of the emission standard, whichever is later, an emissions rate or reduction that complies, or would comply if it were applicable to the source, with LAER as defined under Part D Section 171), or For categories and subcategories having less than 30 sources - The average emissions limit achieved by the best performing 5 sources (for which EPA has or could reasonably obtain emissions information) in the category or subcategory. Emission standards are effective upon promulgation. 2.1.3 AREA SOURCES In lieu of the technology-based standards (requiring the maximum degree of emission reduction) and the health-based standards, EPA may promul- gate standards or requirements for area sources that provide for generally available control technologies or management practices. 2.1.4 RADIONUCLIDE EMISSIONS EPA is not required to promulgate standards for radionuclide emissions from a source category that is licensed by the NRC if EPA determines (by rule and after consultation with the NRC) that the NRC regulatory program provides an ample margin of safety to protect public health. States retain the right to adopt or enforce standards that are more stringent than the NSPS standards or any standards under this section. -9- ------- 2.2 HEALTH-BASED EMISSIONS STANDARDS (Section 112)(f) 2.2.1 REPORT TO CONGRESS ON RISK Within 6 years after enactment, EPA must report to Congress (after consultation with the Surgeon General and opportunity for public comment) on the following factors and make recommendations as to legislation regarding remaining risk: Methods of calculating risk or likely risk to public health remaining, or likely to remain, from sources after application of the technology- based standards; Significance of the remaining risk and the technologically and commercially available methods and costs of reducing risk; Actual health effects to persons in the vicinity of the source, available health studies (epidemiological or other), and risks from background concentrations; Uncertainties in risk assessment methodology or other assessment technique, and negative health or environmental consequences to the community resulting from risk reduction efforts. 2.2.2 PROMULGATION EPA must promulgate health-based standards within 8 years after promulgation of the technology-based standards for each category or subcategory of sources if Congress takes no action on any recommendations submitted with the report on risk, and if the health standards are necessary to provide an ample margin of safety to protect: public health or to prevent adverse environmental effects (costs, energy, safety, and other relevant factor's must be considered in determining prevention of adverse environmental effects). For source categories or subcategories for which technology-based standards are required to be promulgated with 2 years after enactment, EPA has 9 years after promulgation of the technology-based standards to assess and promulgate health-based standards (if required). 2.2.3 LEVEL OP CONTROL The health-based standards must provide an ample margin of safety to protect public health,in accordance with this section as in effect before enactment, unless a more stringent standard is necessary to prevent an adverse environmental effect (considering costs, energy, safety, and other relevant factors). * EPA must promulgate health-based standards for a source category emitting a known, probable, or possible human carcinogenic pollutant (or -10- ------- pollutants) if the applicable technology-based standards do not reduce the lifetime excess cancer risks to less than 1 in 1 million t9 the raosc exposed individual. These provisions do not affect any previous decisions made by EPA under NESHAPs. 2.2.4 EFFECTIVE DATE Health-based emission standards are effective upon promulgation, except that for existing sources, the standard will not apply until 90 days after the effective date. EPA may grant a waiver to an existing source for a period of up to 2 years after the effective date to comply with the standard if EPA determines the time is necessary for installation of controls and that the source will take steps during the waiver period to protect the public health from imminent endangerment. 2.2.5 AREA SOURCES EPA is not required to promulgate health-based emission standards for any listed category or subcategory of area sources subject to an alternative technology-based standard (GACT) for area sources. 2.2.6 UNIQUE SUBSTANCES Health-based standards established for unique chemical substances of listed pollutants without CAS numbers must be made with regard to the health and environmental effects of the substances actually emitted from the source and direct transformation byproducts of the emissions. 2.3 MODIFICATIONS (Section I12Ug) Offsets A physical change, or operational change, by a major source resulting in greater than a de minimis increase in actual emissions is not a modifi- cation if offset by an equal or greater decrease in emissions of a more hazardous pollutant. Within 18 months of enactment, and after public comment, EPA must issue guidance. including relative hazards to human health of each pollutant. Non-threshold pollutants may not be offset by threshold pollutants. -11- ------- Construction. Reconstruction, and Modification After the effective date of a state permit program under Title V, a major sources may not be modified unless the existing source technology- based standard is met. If a technology-based standard has not been established, EPA will make such a determination on a case-by-case basis. After the effective date of a state permit program under Title V, major sources may not be constructed or reconstructed unless the new source technology-based standard is met. If a technology-based standard has not been established, EPA will make such a determination on a case-by- case basis. 2.4 WORK PRACTICE STANDARDS (Section 112)(h) Promulgation of Work Practice Standards If EPA determines that it is not feasible to prescribe or enforce an emission standard. EPA may, in lieu thereof, promulgate a design, equipment, work practice, or operational standard, or combination of such measures that are determined by EPA to be consistent with the provisions for either the technology or health-based standards. For design or equipment standards, EPA must include requirements for proper operation and maintenance of the design or equipment elements Whenever feasible, work practice standards are to be promulgated in terms of an emissions standard. Definitions "Not feasible to prescribe or enforce an emission standard" means a situation where a hazardous pollutant(s) cannot be emitted through a conveyance to emit or capture the pollutant, or that the conveyance would be inconsistent with Federal, state, or local law; or, where it is not practicable to apply measurement methodology due to technological and economic limitations. Alternative Standard EPA muse permit the use of an alternative standard if, after notice and opportunity for comment, the owner or operator establishes to EPA's satisfaction that an alternative means of emission limitation will achieve an emission reduction at least equivalent to the emission reduction achieved under the work practice standards. 12- ------- 3. SCHEDULE OF COMPLIANCE 3.1 COMPLIANCE SCHEDULE TABLE ("Section 112") d) Sources Technology-Based Standards Health-Based Standards New/Reconstrue ted Sources Exceptions/Extensions for New/Reconstructed Sources Effective Immediately 3 year "Special Rule" extension for certain new sources Effective ImmediateLv 3 year "Special Rule" extension for certain new sources 10 year extension for certain new sources Existing Sources Extensions for Existing Sources As expeditiously as practicable, but no later than 3 years 1/2/ 6 year extension for Voluntary Reductions 5 year extension from date of installation of BACT or LAER 90 days l/ Waiver of up to 2 years (See page 11) 5 year extension from date of installation of BACT or LAER 17 Compliance dates are from the date the standard is effective. Both health and technology-based standards are effective upon promulgation. 2/ EPA or a state with a permit program may grant an existing source an additional year to comply with the technology-based standards if necessary for installation of controls. An additional 3 years may be granted for drying and covering mining waste. -13- ------- 3.2 EXCEPTIONS TO THE COMPLIANCE SCHEDULE (Section 112") (i) 3.2.1 NEW SOURCES Special Rule - A new source that begins construction or reconstruction after an applicable technology-based, health-based, or work practice standard (or limitation or regulation) is proposed, but before promulga- tion, is not required to comply with the promulgated standard, limita- tion, or regulation until 3 years after the date of promulgation, provided the proposed standard is met during the 3 year extension and the promulgated standard is more stringent than the standard that was proposed. 10-vear Extension for New Sources - A source that begins construction, or reconstruction, after the date that an applicable technology-based standard is proposed, but before an applicable health-based standard is proposed, is given an extension until 10 years after construction, or reconstruction commenced to comply with the health-based standard. 3.2.2 EXISTING SOURCES Voluntary Reduction - An existing source which demonstrates that it has achieved a 90% or more reduction in emissions of hazardous air pollutants (95% for particulates) will be issued a permit by EPA (or a state with an approved hazardous air pollutant program) that allows the source to meet an alternative emissions limit reflecting the reduction in lieu of the applicable technology-based standard, provided the emission reduction was achieved prior to proposal of the technology- based standard. The alternative emission limit must be issued for a period of 6 years from the compliance date for the applicable technology-based standard. An existing source that achieves the voluntary reduction described above after proposal of the applicable technology-based standard but before January 1, 1994, may be issued an alternative emission limit if the source makes an enforceable commitment to achieve the reduction before proposal of the standard. Base year for reductions - the voluntary reductions must be based on verifiable and actual emissions in a base year not prior to 1987 (as long as there is no evidence that the emissions in the base year are not artificially or substantially greater than other years prior to reduction measures). EPA may allow a base year of 1985 or 1986 if the EPA had received, prior to enactment, emissions information for the applicable year pursuant to requests issued under Section 114. Alternative emissions limits are to be issued by permit as an enforceable emissions limitation. An alternative limit may not be issued in lieu of a health-based limit and the source must undergo -14- ------- review for a health-based emission limit at the same time as other sources in the same category or subcategory. EPA must by regulation limit the use of offsetting reductions in emissions of other hazardous air pollutants in meeting the 90% reductior with respect to pollutants associated with high risks of adverse human health effects (including, but not limited to chlorinated dioxins and furans). 3.2.3 PRESIDENTIAL EXEMPTION The President may exempt any stationary source from any standard or limit (technology-based or health-based, etc.) if the President determines that the necessary technology is not available and it is in the interest of national security to grant the exemption. The exemption may be for 1 or more periods of no more than 2 years each period. The President is required to report to Congress on each exemption or extensi ^n. -15- ------- 4. EQUIVALENT EMISSION LIMITATION BY PERMIT Section (112)(j) 4.1 EFFECTIVE DATE The requirements of this subsection apply in each state on the effective date of an approved permit program, but no earlier than 42 months after enactment. 4.2 FAILURE TO PROMULGATE A STANDARD If EPA fails to promulgate a technology-based standard on schedule, each major source must submit a permit application beginning 18 months after such failure. Within 18 months after enactment, and after notice and comment, EPA shall establish requirements for such permit applications. Such permit applications must be reviewed and approved or disapproved under Title V. If disapproved, the applicant has up to 6 months to revise the application. 4.3 EMISSION LIMITATION The permit issued must contain emission limits for hazardous air pollutants that are determined on a case-by-case basis to be equivalent to the technology-based standards that would have applied if timely promulgated. The reductions required must be achieved by the date that would have applied to the relevant technology-based standard. 4.4 SUBSEQUENT STANDARDS If EPA subsequently promulgates an applicable technology-based standard, permits issued must reflect this standard. If such standard is promulgated after the permit is issued, EPA must revise the permit upon renewal to reflect this standard. The source must have no longer than 8 years from promulgation, or 8 years from the compliance date in this subsection to comply, whichever is earlier. 16- ------- 5. AREA SOURCE PROGRAM Section (112)(k) 5.1 RESEARCH PROGRAM EPA is required to conduce a research program, afcer consultation with state and local air pollution control officials, on sources of hazardous air pollutants in urban areas. The research program must include: Ambient monitoring of hazardous air pollutants in a representative number of urban areas; Characterization analysis to identify the sources of the pollution, focusing on area sources and their contribution to public health risk from hazardous air pollutants; Consideration of atmospheric transformation and any other factors that can increase public health risks from hazardous air pollutants. The health effects to be considered must include at a minimum, carcinogenicity, mutagenicity, teratogenicity, neurotoxicity, reproductive dysfunction, and other acute or chronic effects (including role as precursors to ozone or acid aerosol formation). The preliminary results must be reported no later than 3 years after the enactment date. 5.2 NATIONAL STRATEGY Within 5 years after enactment and after notice and opportunity for public comment, EPA is required to prepare and submit to Congress a comprehensive national strateev for control of area source emissions of hazardous air pollutants in urban areas, taking into consideration the information collected from the monitoring program. Identification of Pollutants and Source Categories The strategy must identify at least 30 hazardous air pollutants, which are or will be listed as hazardous air pollutants under this title, are emitted from area sources, and that present the greatest threat to public health in the largest number of urban areas, and must identify source categories (or subcategories) of area sources for listing, assuring that sources accounting for 90% or more of the aggregate emissions of the 30 hazardous air pollutants are-subject to regulation under the technology-based requirements. -17- ------- Specific Actions The strategy must include a schedule of specific actions (authorized under this or other laws such as TSCA, FIFRA, and RCRA) to be implemented by EPA or the states to achieve a reduction in the incidence of cancer from exposure to hazardous air pollutants emitted by stationary sources of not less than 75% (considering controls and other measures implemented according to this or other laws). Research Needs The strategy may identify research needs in monitoring, analytical methodology, modeling or pollution control techniques, and legislative recommendations to further the goals and objectives of the area source program. Implementation The strategy must be implemented as expeditiously as practicable assuring that all sources are in compliance within 9 years after enactment. EPA must conduct ambient monitoring and emissions modeling in urban areas to demonstrate that the goals and objectives of the strategy are being met. 5.3 AREAWIDE ACTIVITIES EPA must set aside at least 10% of the funds available to states under this section to support areawide strategies developed by state and local air pollution control agencies to reduce risks from area source emissions in a particular urban area. The funds will be awarded to states that demonstrate innovative and effective strategies. EPA must prepare guidelines on control technologies or management practices applicable to area sources at the request of state or local air pollution control officials. 5.4 REPORT TO CONGRESS EPA must report to Congress no later than 8 and 12 years after enactment on actions taken to reduce public health risk attributed to area source hazardous air pollutant emissions. The report must also identify those metropolitan areas that continue to have high public health risks due to area source emissions. -18- ------- 6. COKE OVEN EMISSIONS 6.1 EMISSION STANDARDS CSectlon 1121 CdU8) No later than December 31. 1992. EPA must promulgate regulations establishing technology-based emission standards for coke oven batteries. EPA must evaluate the following measures in establishing the standards Sodium silicate luting compounds (or other equivalent materials) for sealing door leaks, and other operating practices and technologies. their effectiveness in reducing coke oven emissions and suitability fo: use on new and existing batteries, considering costs, and reasonable commercial door warranties; For new coke ovens. EPA must consider the Jewell design Thompson non- recovery coke oven batteries and other non-recoverv technologies, and other emission control and production technologies for their effectiveness in reducing emissions and producing steel-quality coke. At a minimum, the regulations must ensure emissions do not exceed: 3^ leaking doors, 1% leaking lids, 5% leaking offtakes, and 16 seconds visible emissions per charge (no exclusion for emissions that occur after closing self-sealing doors). The compliance date for existing coke oven batteries is December 1995. 31. 6.2 WORK PRACTICE STANDARDS (Section 112UdU8) EPA is required to promulgate work practice standards including, as appropriate, requirements for: The use of sodium silicate (or equivalent) if EPA finds that it is effective and achievable (considering costs and reasonable commercial warranties), and door and jam cleaning practices. The compliance date for the work practice regulations is no later than 3 years after enactment. -19- ------- 6.3 EXTENSIONS FROM THE HEALTH-BASED STANDARDS (Section I12Ut Coke oven batteries that comply with the following requirements and emission limitations will be granted an extension from compliance with health-based standards until January 1. 2020. The measures are: Initial Requirement Coke oven batteries electing for an extension must comply with initial technology-based standards requiring that emissions do not exceed: 8% leaking doors, 1% leaking lids, 5% leaking offtakes, and 16 seconds visible emissions per charge (no exclusions for emissions after closing self-sealing doors) no later than 3 years after enactment. Alternative Emission Standard By December 31. 1992. EPA must promulgate emission limitations for coke oven emissions that reflect the lowest emission rate achievable by a rebuilt or replacement coke oven battery. The compliance date for existing batteries is January 1. 1998. The standards must not be less stringent than: 3% leaking doors (or 5% for 6 meter batteries), 1% leaking lids, 4% leaking offtakes, and 16 seconds visible emissions per charge (and an exclusion for the emissions that occur after closing self-sealing doors). The rulemaking must also establish measurement methodologies (best technology and practices) and establish emission limits in terms of ar. equivalent level of mass emissions reductions, unless impracticable. If EPA fails to promulgate these emission limits prior to the effective date, the emission limits for coke ovens will be: 3% leaking doors (or 5% for 6 meter batteries), 1% leaking lids, 4% leaking offtakes, and 16 seconds visible emissions per charge (or the total mass emissions equivalent with no exclusion for emissions after closing the self- sealing doors). Revised Limit By January 1. 2007. EPA must review and revise the above emission limit if necessary to reflect the lowest emission rate achievable at that time by a rebuilt or replacement coke oven battery for an existing battery. The revised limit must not be less stringent than the limit before revision. Existing coke oven batteries must comply with the revised limit by January 1. 2010. -20- ------- Risk Assessment Bv January 1. 2000. coke oven batteries qualifying for an extension rr.us, make available to the community any risk assessments conducted by EPA with respect to establishing a health-based standard. Election to Comply With the Health-Based Standard At any time prior to January 1. 1998. the owner or operator of a coke oven battery may choose to comply with a health-based standard in lieu of the above requirements. The owner or operator would be legally bound to meet the health-based limit by January 1. 2003. If not health-based limit has been promulgated, the EPA must establish such a limit for the coke oven battery. Reconstruction (meaning replacing coke oven batteries with new batteries of comparable or lower capacity and lower potential emissions) of any coke oven emission source that qualifies for an extension will not subject the source to health-based limits that are more stringent than the alternative limits above. -21- ------- 7. STATE HAZARDOUS POLLUTANT CONTROL PROGRAMS Section (112)(1) 7.1 AUTHORITY Each state (or, after consultation with the state, a local air pollution control agency) may submit to EPA for approval a program for partial or complete delegation of authority for implementation and enforcement of the hazardous pollutant control requirements or the accidental releases provisions. States do not have the authority to set standards that are less stringent than the federal requirements. 7.2 GUIDANCE EPA is required, within 12 months after enactment, to publish guidance to states on developing state hazardous pollutant programs. The guidance must include at a minimum permitting requirements for new and existing sources and provide for registration of all facilities producing, processing, handling, or storing substances listed under the Accidental Release provisions in amounts greater than the threshold quantities. Also, the guidance must include an optional program for review of high-risk point sources (begun in 1986). 7.3 EPA ASSISTANCE Technical Assistance EPA is required to establish and maintain an air toxics clearinghouse and center to provide technical information and assistance on control technology, health and ecological risk assessment, risk analysis, ambient monitoring and modeling, and emissions measurement and monitor- ing to state and local agencies; and, on a cost recovery basis, to others. Grants Upon application of a state, EPA may make grants, as EPA finds appropriate, to assist states in developing and implementing hazardous pollutant control programs for submittal and approval. -22- ------- Programs for support may include: air pollutant or extremely hazario-is substance programs, including programs other than those under this hazardous pollutant control program; high-risk point source review programs; and areawide area source programs. 7.4 PROGRAM APPROVAL OR DISAPPROVAL EPA must approve or disapprove a state program no later than 180 days after receipt, and after notice and opportunity for public comment A program must be disapproved if EPA determines that: The state program authorities are not adequate to assure compliance by all sources; The program lacks adequate authority or adequate resources (including revenues) to implement the program; The schedule for implementation and compliance is not sufficiently expeditious: The program is otherwise not in compliance with EPA guidance. Upon the required notification by EPA that a state program submittal is disapproved, the state may revise and submit the program for approval Withdrawal of Approval EPA must withdraw approval of a state program if, after public hearir.g, the EPA finds that a state is not administering and enforcing an approved program according to guidance and, if the state takes no acticr to assure compliance within 90 days after notification by EPA. To withdraw approval, EPA must notify the state and make public written notice of the reasons for withdrawal. -23- ------- 8. ATMOSPHERIC DEPOSITION TO THE GREAT LAKES AND COASTAL WATERS Section (112)(m) 8.1 ASSESSMENT OF ATMOSPHERIC DEPOSITION EPA is required to conduct a program in cooperation with the Under Secretary of Commerce for Oceans and Atmosphere, to assess atmospheric deposition of hazardous air pollutants into the Great Lakes, Chesapeake Bay, Lake Champlain, and the coastal waters. The disposition assessment must include monitoring, investigation of the sources and deposition rates, research to improve monitoring methods, an evaluation of adverse human health or environment effects, and sampling of biota, fish, and wildlife. 8.2 MONITORING Great Lakes By December 31, 1991, EPA must establish at least 1 facility at each of the 5 Great Lakes for monitoring. The data is to be used to identify and track movement of hazardous air pollutants, determine water pollution loadings attributable to deposition, and support development of remedial action plans. The data must be compatible with databases sponsored by the International Joint Commission, Canada, and the states of the Great Lakes region. Chesapeake B>v and Lake Champlain EPA must establish atmospheric deposition stations in the Chesapeake Bay and Lake Champlain watersheds. Coastal Waters EPA must design and implement a monitoring network for coastal waters and watersheds and make the data collected available to the public. -24- ------- 8.3 REPORT TO CONGRESS EPA must within 3 years after enactment, and biennially thereafter, submit a report to Congress (in cooperation with the Under Secretary of Commerce for Oceans and Atmosphere) on the results of the monitoring, studies, and investigations carried out on atmospheric deposition. The report must provide an assessment of certain minimum factors and provide a description of revisions to requirements, standards, or lirr.Lcs that are necessary to assure protection of human health and the environment. Regulation Within 5 years after enactment. EPA must promulgate, based on results of the report, further emission standards or control measures necessary ar.d appropriate to prevent serious adverse human health affects and serious or widespread environmental effects (including effects due to bioaccumulation and indirect pathways), if the other provisions of this Section are not adequate to prevent serious adverse effects. -25- ------- 9. REPORTS, GUIDANCE, AND SPECIAL STUDIES 9.1 ELECTRIC UTILITY STEAM GENERATING UNITS (Section 112) EPA Report Within 3 years after enactment, EPA is required to report to Congress the results of a study on the public health hazards that are reasonably anticipated to occur as a result of emissions from electric utility steam generating units of listed hazardous air pollutants after imposition of CAA requirements. The report must include alternative control strategies for emissions that may warrant regulation. EPA must regulate electric utility steam generating units if EPA determines it to be appropriate and necessary, considering results of this study. Reports on Mercury Within 4 years after enactment, EPA is required to conduct and submit to Congress a study of mercury emissions from electric utility steam generating units, municipal waste combustion units, and other sources, including area sources. Within 3 years after enactment, the National Institute of Environmental Health Sciences must conduct and transmit to Congress a study determining the threshold level of mercury exposure below which adverse human health effects are not expected to occur. The report must include a threshold for mercury in fish that may be consumed (including sensitive populations) without adverse effects to public health. 9.2 COKE OVEN PRODUCTION TECHNOLOGY STUDY (Section 112) Study EPA and the Department of Energy must conduct a 6-year study to assess coke oven production emission control technologies and assist in development and commercialization of technically practicable and economically viable control technologies to significantly reduce hazardous air pollutant emissions from coke oven production facilities -26- ------- Funding EPA and che DOE may fund up Co 50% of Che cost of programs of other persons who propose to develop, install, and operate coke production control technologies to significa: ly reduce emissions. $5,000.000 is authorized to be appropriated for each year from 1992 co 1997 to carry out this study and program. Annual Reports The DOE must submit to Congress annual reports on the status of the research program. When the study is completed, the DOE must make recommendations to EPA identifying practicable and economically viable control technologies to reduce residual risks remaining after implementation of the technologv- based standard. 9.3 PUBLICLY OVNED TREATMENT WORXS (POTVs") f Section 1121 Cn) EPA may conduct a study, with the owners and operators of POTVs, to characterize hazardous air pollutant emissions, identify industrial, commercial, and residential discharges, and to demonstrate control measures. EPA may promulgate hazardous air pollutant standards for POTVs that include pre-treatment control measures, and process or product substitutions or limitations to reduce emissions. Uniform sampling, modeling, and risk assessment methods may be prescribed to implement the study. EPA must publish MACT for POTWs within 5 years after enactment. 9.4 OIL AND GAS VELLS (Section 112Un") Emissions from any oil or gas exploration or production well and pipeline compressor or pump station are not to be aggregated in making a major source determination (whether in a contiguous area or under common control or not). For no reason are emissions from any oil or gas exploration or production well to be aggregated under the hazardous pollutant program. Oil and gas production wells are not to be listed as an area source category, except in the case where emissions from oil and gas production wells in a CMSA with a population of 1 million er more are determined to -27- ------- present more than a negligible risk of adverse human health or environ- mental effects. 9.5 HYDROGEN SULFIDE ASSESSMENT (Section 1121(n) EPA must assess the hazards to public health and environment resulting from hydrogen sulfide emissions from the extraction of oil and natural gas, and report results of the study to Congress within 24 months after enactment. The assessment must develop and implement a control strategy (as appropriate) to protect human health and the environment. 9.6 HYDROFLUORIC ACID STUDY (Section 112Un) EPA must, no later than 2 years after enactment, complete a study on the potential hazards of hydrofluoric acid (for regions that do not have comprehensive health and safety regulations on hydrofluoric acid) considering a range of events including a worst-case accidental release event and make recommendations to Congress on reducing the hazards if appropriate. 9.7 RCRA (-Section 112) (n) EPA must ensure to the maximum extent practicable that the requirements pertaining to any category or subcategory of sources of air emissions regulated under RCRA and this section are consistent. 9.8 NATIONAL ACADEMY OF SCIENCES STUDY ON RISK ASSESSMENT (Section 112)Co) Within 3 months of enactment, EPA must enter into the appropriate arrangements with the National Academy of Sciences to conduct a study on risk assessment methodology and improvements in the methodology. EPA must assist the National Academy of Sciences in collecting necessary information for the study. The National Academy of Sciences must submit a report no later than 20, months after enactment to EPA, the Senate Committee on Environment and Public Works, the House Committee on Energy and Commerce, and the Risk Assessment and Management Commission. EPA must consider, but is not required to adopt, the recommendations of the National Academy of Sciences (and the views of the SAB). The Guidelines for Carcinogenic Risk Assessment document must be revised prior to promulgation of any health-based standard (and after notice and v public comment) or EPA must provide a detailed explanation of why the recommendations are not being implemented. -28- ------- 9.9 MICKEY LELAND URBAN AIR TOXICS RESEARCH CENTER CSection 1121 (p~> EPA is to oversee Che establishment of the Mickey Leland Urban Air Toxics Research Center, to be located in Harris County, Texas and funded by both Federal and private funds. The center is to be governed by a Board of Directors, comprised of 9 members, appointed pro rata among the Speaker of the House, Majority Senate Leader, and the President. Duties include establishing policy and research guidelines, and issuing periodic reports. To assist the Board, a 13-member Scientific Advisory Board is to be appointed by the Board from among scientific and medical communities 9.10 PERIODIC REPORT TO CONGRESS (Section 112)(s) No later than January 15. 1993 and every 3 years thereafter. EPA is required to prepare and submit a report to Congress on the measures taken by EPA and the states to implement these hazardous air pollutant provisions. EPA is required to maintain a database on the regulated pollutants and sources and include aggregate information from the database in the report. 9.11 SAVINGS PROVISION (Section 112)Co) Standards in effect before enactment shall remain in force, unless modified prior to enactment or under the Amendments. Standards in effect before enactment shall be reviewed, and revised if appropriate, to comply with technology-based standards within 10 years of enactment. If a timely petition for review was filed before enactment, the standard shall be upheld if it complies with this section as in effect before enactment. Special Rul« No standards shall be issued for radionuclide emissions from elemental phosphorous plants, phosphogypsun stacks, or grate calcination elemental phosphorous plants under the amendments. This section, as in effect prior to enactment, shall apply to radionuclide emissions from such sources. -29- ------- Other Categories Requirements in effect prior to enactment for radionuclide emissions from: non-DOE federal facilities that are not licensed by the NRC, coal-fired utility and industrial boilers, underground uranium mines. surface uranium mines, and disposal of uranium mill tailings piles, shall remain in effect unless, in EPA's discretion, EPA applies to these radionuclide sources the requirements as modified by the CAA amendments of 1990. Medical Facilities Standards promulgated prior to enactment under this section for medical research or treatment facilities shall not take effect until 2 years after enactment, unless EPA determines otherwise under section 112(d)(9). The hazardous pollutant provisions will apply in full if EPA determines that the NRC regulatory program does not provide an ample margin of safety to protect public health. EPA is not required to promulgate standards for such sources if EPA determines that the program does not provide an ample margin of safety to protect public health. -30- ------- 10. PREVENTION OF ACCIDENTAL RELEASES Section (112)(r) 10.1 LIST OF SUBSTANCES Within 24 months after enactment, EPA must promulgate an initial list o 100 substances that, in the event of an accidental release, are known t cause or may reasonably be anticipated to cause death, injury, or serious adverse human health or environmental effects. EPA must use, but is not limited to, the list of extremely hazardous substances established under SARA. The initial list must include: chlorine, anhydrous ammonia, methyl chloride, ethylene oxide, vinyl chloride, methyl isocyanate, hydrogen cyanide, ammonia, hydrogen sulfide, toluene diisocyanate , phosgene, bromine, anhydrous hydrogen chloride, hydrogen fluoride, anhydrous sulfur dioxide, and sulfur trioxide. The list must be revised from time to time (on the EPA's own motion or by petition) but at least every 5 years. The list may not include any pollutant for which a national ambient a quality standard has been established nor any substance, practice, process, or activity regulated under Title VI. EPA must establish procedures for addition and deletion of substances from the list consistent with those for listing substances as a hazardous air pollutant. EPA must establish, by rule, a threshold quantity at the time a substance is listed, considering coxicity, reactivity, volatility, dispersibility, combustibility, or flammability and the amount known, or reasonably anticipated to cause as a result of accidental release, death, injury or serious adverse human health effects (EPA may exempt or establish a greater threshold for substances that are nutrients used in agriculture) . 10.2 CHEMICAL SAFETY BOARD Members The Chemical Safety and Hazard Investigation Board is to be an indepen- dent 5-member board including a chairperson, appointed by the President with the advice and consent of the Senate. 31- ------- The term of office is 5 years. Members may be removed for inefficiency, neglect of duty, or malfeasance. Duties The Board is required to investigate and report to the public in writing on the facts, conditions, circumstances and cause of any accidental release resulting in a fatality, serious injury, or substantial propertv damage; issue various periodic reports to the Congress, Federal, state and local agencies; and, establish regulations to require reporting of accidental releases. The Board must enter into memorandums of understanding with the National Transportation Safety Board and OSHA to limit duplication of activities and assure coordination. The Board is authorized to conduct research and studies on the potential for the accidental release of extremely hazardous substances where there is evidence of a potential hazard. No conclusions, findings, or recommendations of the Board are to be used as evidence in any legal action for damages resulting from matters mentioned in the reports. Hazard Assessments Within 18 months after enactment, the Board must publish a report for submittal to EPA, including recommendations on the use of hazard assessments to prevent and minimize consequences resulting from accidental releases of extremely hazardous substances. The recommendations must include a list o£ extremely hazardous substances (including threshold quantities) and categories of stationary sources for which hazard assessments would be appropriate. Recommendations The Board may make recommendations vith respect to accidental releases to EPA or the Secretary of Labor. EPA (or the Secretary of Labor) has 180 davs to respond in writing to any recommendations submitted by the Board. EPA (or the Secretary of Labor) must indicate if EPA or the DOL will initiate a rulemaking or otherwise issue orders to implement the recommendations, or decline to initiate a rulemaking, in which case the reasons for the decline must be put in writing. -32- ------- Risk Management Plans VIthin 2 years after enactment, the Board must issue a report to EPA ar.d OSHA recommending adoption of regulations for the preparation of risk management plans, general requirements for preventing accidental releases. and for mitigation of the potential adverse human health or environmental effects, to be applicable to stationary sources handlir.s, regulated substances in more than threshold-amounts. The report may include proposed rules or orders. EPA must consider the recommendations before promulgating the accident prevention regulatiors Annual Report The Board must submit an annual report to Congress and the President including information on any accidental releases that have been investigated, recommendations made and actions taken, priorities for succeeding studies, progress in development in risk-reduction technologies, and information on chemical safety research findings 10.3 ACCIDENT PREVENTION Regulations Within 3 years after enactment, EPA must promulgate reasonable regulations and appropriate guidance to provide (to the greatest exrer.t practicable), for the prevention, and detection of accidental releases into the ambient air of regulated substances from stationary sources The regulations must cover the use, operation, repair, replacement, ar.d maintenance of equipment to monitor, detect, inspect, and control releases (including personnel training). The regulation must be applicable 3 years after promulgation or 3 years after the date a substance present at the source in more than threshold amounts is listed, whichever is later. Risk Management Plan The regulations must require stationary sources where a regulated substance is present in quantities greater than the threshold amount, co implement a risk management plan for detection and prevention of accidental releases. The plan must provide for compliance with the accident prevention requirements, and must include a hazard assessment, a program for preventing accidental releases, and a response program in the event of an accidental release. -33- ------- EPA must promulgate euidelines to stationary sources on preparing the risk management plans. The risk management plan must be registered with EPA before the effective date of the accident prevention regulations. The plan must also be submitted to the Chemical Safety and Hazard Investigation Board. EPA must establish, by rule, an auditing system for risk management plans, including requirements for updates. General Any accident prevention regulations must be (to the maximum extent practicable) consistent with recommendations and standards established by the ASME, ANSI, and ASTM. EPA must consider concerns of small business in promulgating the regulation. EPA must seek to coordinate the requirements with any comparable requirements issued under OSHA or the Department of Transportation. The requirements or regulations established for accident prevention are to be treated as standards for enforcement purposes. No permit is to be issued to a stationary source pursuant to Title IV solely because the source is subject to the accident prevention regulations or requirements. After the effective date of regulations under this subsection it is unlawful to operate a stationary source subject to these regulations in violation of the regulations. When EPA determines there may be an imminent and substantial endanger - ment to human health or welfare or the environment because of an actual or threatened accidental release, EPA may seek federal district court relief. EPA may also issue orders necessary to protect human health. 10.4 RESEARCH EPA flax collect and publish information on accident scenarios and consequences for the listed substances. EPA is required to establish a long-term research program to develop and disseminate information on hazard assessment methodologies. -34- ------- 10.5 CHEMICAL PROCESS SAFETY MANAGEMENT CSection 304 of Title Chemical Process Safety Standard No later Chan 12 months after enactment, the Department of Labor, in coordination with EPA must promulgate a chemical process safety scar.cr.r- (pursuant to OSHA) to protect employees from hazards associated with accidental releases of highly hazardous chemicals and covering numerous specified requirements. The standard must include a list of highly hazardous chemicals, which includes toxic, flammable, highly reactive, and explosive substances The substances may include those listed under Section 302 of SARA The Secretary of Labor may add substances to the list if it is found ro pose a threat of serious injury or fatality in an accidental release ;r. the workplace. -35- ------- 11. RISK ASSESSMENT AND MANAGEMENT COMMISSION Section 303 of Title III Establishment of the Commission The Risk Assessment and Management Commission must begin proceedings r.o later than 18 months after enactment. The commission is to be comprised of 10 members with knowledge or experience in risk assessment or risk management, to be appointed by the President (3 members), Speaker of the House (2), Minority Leader of the House of Representatives (1), Majority Leader of the Senate (2), Minority Leader of the Senate (1), and by the President of the National Academy of Sciences (1). The Commission will cease to exist on the date determined bv the Commission, but no later than 9 months after submission of the final report. Assistance The EPA, and all other department, agencies, and instrumentalities of the executive branch of the Federal Government are, to the maximum extent practicable, to assist the Commission in gathering information as necessary to carry out its tasks. Duties The Commission must make a full investigation and provide recommendations on the policy implications and appropriate uses of risk assessment and risk management in various Federal regulatory programs to prevent cancer and other chronic human health effects. The Commission must consider the National Academy of Sciences report conducting its investigation and in making recommendations. in The commission must, no later than 42 months after enactment, make a report available to the public for comment containing the results of all commission studies and investigations, and any recommendations, and submit the report to the President and to Congress within 48 months after enactment. 36- ------- 12. SOLID WASTE COMBUSTION Section 305 of Title III 12.1 NEU SOURCE PERFORMANCE STANDARDS The EPA must establish performance standards and other requirements (pursuant to the NSPS requirements) for each category of solid waste incineration units, including emissions limits and other requirements for new units, and guidelines and other requirements for -xisting units Promulgation Dates For solid waste incineration units with capacity greater than 250 tors per dav combusting municipal waste, standards must be promulgated no later than 12 months after enactment. The schedule for promulgation of court-ordered standards entered by EPA prior to enactment is not affected, but the standards must be revised to reflect the requirements under this section. For such units with a capacity equal to or less than 250 tons per dav and units combusting hospital waste, medical and infectious waste, the standards must be promulgated no later than 24 months after enactment For solid waste incineration units combusting commercial or industrial wastes. the standards must be proposed within 36 months after enactment and promulgated no later than 48 months after enactment. For other categories of solid waste incineration units, the EPA must publish a schedule for promulgation of standards no later than 18 months after enactment. Level of Control The emission standards must reflect the maximum degree of emissions reduction, considering cost, and any non-air quality health and environmental impacts and energy requirements deemed achievable for new or existing units in each category. EPA may distinguish between classes, types, and sizes of units within a category. For new units. the emission reduction deemed achievable must not be less stringent than the control achieved in practice by the best controlled similar unit (as determined by EPA). For existing units, the emissions standards may be less stringent than for new units in the same category, but not less*stringent than the average emissions limit achieved by the best performing 12% of units in -37- ------- the category (excluding units that first met the lowest achievable emissions rates 18 months prior to proposal of the standards, or 30 months prior to the date the standards are promulgated, whichever is later). For solid waste incineration units, the standards must be based on removal or destruction technologies before, during, or after combustion. and must include siting requirements for new units to minimize (to the maximum extent practicable) potential risks to human health or the environment, on a site-specific basis. Numerical emissions limits must be established for particulate matter, opacity, sulfur dioxide, hydrogen chloride, NOX, CO, lead, cadmium, mercury, dioxins, and dibenzofurans. EPA may promulgate numerical emissions limits for other pollutants as well. Review and Revision EPA must review and revise the performance standards or other require- ments within 5 years after promulgation and every 5 years thereafter. 12.2 EXISTING SOLID WASTE INCINERATION UNITS Guidelines (under this section and NSPS requirements) are to be established for existing units, including emission limits, monitoring. operator training, and permit requirements as specified. State Plans States are required to submit, within 1 year after promulgation of the guidelines, plans to implement and enforce the guidelines, providing for compliance no later than 3 years after approval of the State plan but also no later than 5 years after promulgation of the guidelines. EPA has 180 days to approve or disapprove the plan; reasons for disapproval must be put in writing. Federal Plan EPA must develop, implement, and enforce a federal plan for existing units If the state has not submitted an approvable plan within 2 year after promulgation of the guidelines. The federal plan must assure compliance no later than 5 years after promulgation of the guidelines. -38- ------- 12.3 OTHER REQUIREMENTS Monitoring As pare of the performance standards, EPA must promulgate regulations requiring owners or operators of each solid waste incineration unit to monitor emissions and report findings, The regulations must include requirements on the frequency of monitoring, test methods and procedures, and the form and frequency of reports. Operator Training Within 24 months after enactment, EPA is required to establish a model state training and certification program for solid waste incineration unit operators and high-capacity fossil fuel-fired plant operators States or private entities may be authorized by EPA to implement a state training program, provided it is at least as effective as the model operator training program. It will be unlawful for any person having control over processes affecting emissions to operate the applicable solid waste incineration units and high-capacity fossil fuel-fired plants by the date 36 months after promulgation of the performance standards and guidelines, unless the person has satisfactorily completed an approved training program Permit Requirements Beginning 36 months after promulgation of the performance standard for a solid waste incineration unit (or the effective date of the applicable state program, whichever is later), all units must have a permit issued under Title IV. Permits for solid waste incineration units combusting municipal waste are to be issued for a period up to 12 years and must be reviewed every 5 years. Determinations that the unit is not in compliance with its permit are to be made at intervals of not more than 5 years and after public hearing and comment. State Programs States may submit to EPA for approval proposed state program for implementating and enforcing this solid waste combustion program. EPA must approve or disapprove the program withfn 180 days of submission. -39- ------- Acid Gas Scrubbing Requirements For solid waste incineration units that combust municipal waste, EPA must review the availability of acid gas scrubbers as a control technology for small new units or existing units before promulgating performance standards. 12.4 EFFECTIVE DATE The effective date of the performance standards and other requirements are : For new units - 6 months after promulgation For existing units - as expeditiously as practicable after approval of a state plan (or promulgation of a federal plan) but no later than 3 years after the state plan is approved or 5 years after promulgation of the standards or requirements, whichever is earlier. 12.5 ASH MANAGEMENT AND DISPOSAL CSection 306 of Title III) The management, handling, storage, treatment, transportation, reuse, recycling, and disposal of ash from solid waste incineration of municipal waste is not subject to subtitle C of the Solid Waste Disposal Act prior to the date 2 years after enactment. -40- ------- TITLE IV ACID DEPOSITION PROGRAM ------- Table of Contents Page Purpose 1 S02 Allowances Program 1 S02 Reduction Program 2 NOx Control Program 8 Acid Rain Permits 9 Election of Additional Sources 10 Monitoring Reporting and Recordkeeping 10 Clean Coal Technology Regulatory Incentives 10 Miscellaneous Required Reports 11 ------- TITLE IV - ACID DEPOSITION CONTROL Purpose o To reduce the adverse effects of acid deposition through reductions in annual sulfur dioxide (S02) emissions of 10 million tons from 1980 levels and, in combination with other provisions of the act, of nitrogen oxides (NOx) by 2 million tons from 1980 levels in the lower 48 states and the District of Columbia o To encourage energy conservation, use of renewable and clean alternative technologies and pollution prevention as a long range strategy for reducing air pollution and other adverse impacts of energy production and use. SO2 Allowances - Basic Program The legislation obtains S02 emission reductions from electric utility plants through the use of a market based system of emission allowances. Under this system, "affected units" (essentially all utility boilers that serve generators larger than 25 megawatts (MW)) are allocated allowances in an amount which is based on their past fossil fuel consumption and the emissions rate required by the legislation. An allowance is defined as an authorization, allocated to an affected unit, to emit, during or after a specified calendar year, one ton of S02. Any new utility units which commence operation after 12/31/95 is not allocated allowances and must obtain allowances sufficient to cover their emissions by 1/1/2000 and thereafter. Industrial sources may also become affected sources by electing to opt-in to the allowance system. Allowance Holding Requirement o Affected sources are required to hold sufficient allowances to cover their level of emissions. Allowances may not be used prior to the calendar year for which they are allocated. (403(g>) sources may not exceed emissions limitations provided in the law unless the owner or operator obtains and holds additional allowances to emit excess tons of S02. However, the fact that an affected source holds excess allowances does not entitle it to exceed the National Ambient Air Quality Standard limits. Penalties for Noncompliance o Sources whose emissions exceed allowances held will be required to pay $2000 per excess ton, and will be required to offset excess tons the following year. (411) ------- Allowance Usage o Once allocated, allowances can be used by affected sources to cover emissions, banked for future use, or sold to others. Allowances transferred to others are not effective until a written certification of transfer from the parties involved is received and recorded by EPA. No permit alteration is required. Allowance Tracking o EPA will develop a system for issuing, recording and tracking allowances. Cap on SO2 Emissions/Allowances Allocated o Beginning in 2000, the total number of allowances issued by EPA to utility units is, with limited exceptions, not to exceed 8.9 million allowances. This effectively caps emissions and ensures the maintenance of the 10 million ton S02 reduction. Conservation and Renewable Energy o EPA, in consultation with DOE, must identify qualified conservation and renewable energy measures. Utilities will receive an allowance for each ton of S02 emissions avoided through the use of one of these qualified measures. The allowances used for this purpose are to come from a 300,000 allowance Conservation and Renewable Energy Reserve which is established by reducing Phase II allowances by 30,000 per year from 2000 to 2009, on a pro rata basis. (404(f)(g)). To be eligible to receive these allowances, a utility must, among other things, be implementing a least cost energy conservation and electric power plan. SO2 Reduction Program S02 reductions are obtained in two phases. Phase I Reductions o Phase I reductions are required by 1A1/95 from 110 plants listed in the legislation. These plants have large units - 100 MWs or more - and have high emission rates - 2.5 Ibs/mmBtu or more. There will be approximately 265 affected ------- units in these Phase I plants. Phase I plants are located in 21 eastern and midwestern states. Phase I Allowance Allocations o Phase I affected units will be issued allowances as reflected in the legislation. This allocation was based on a 2.5 Ib/mmBtu emission rate, multiplied by their "baseline", the average fossil fuel consumed in the years 1985, 1986, and 1987. Substitution Plants o The owner or operator of a Phase ~ «ait may propose reassignment of some or all of that unit's S02 emission reduction requirements to any other unit under the control of the same owner or operator. If accepted by the Administrator, both sources become affected sources and both are subject to permitting requirements. (404(b)4(c)) Phase I Extension Units o A Phase I unit employing a "qualifying Phase I technology" or transferring its Phase I emission reduction requirements to a unit employing such a technology may receive a two year extension from the Phase I deadline. (404(d)). A qualifying Phase I technology is defined as a technological system of continuous emissions reduction which achieves a 90% reduction in emissions of S02 from emissions that would have resulted from the combustion of untreated fuels. (402(19). Units employing such technologies will also be eligible for additional incentive allowances from a reserve established for that purpose. The reserve will hold allowances equivalent to the number of tons of S02 emissions reductions projected for the year 1995, but not to exceed 3.5 million. (404(d)) Additional/Alternate Allowance Allocations Affected Units in Illinois, Indiana and Ohio o Affected units in these states are allocated a pro rata share of 200,000 additional allowances each year from 1995 - 1999 (404(a)) Units in Certain Clean Systems o Phase I affected units with rates below 1.0 Ibs/nunBtu which have decreased their rates by 60% or more since 1980 and are part of a utility system with a weighted average rate ------- for all fossil fueled units of below 1.0, may elect to be allocated allowances using an alternative baseline calculation. (404(h)) Early Reductions from Certain Units o Phase I (and Phase 2) affected units that make early reductions, and that are part of a utility system that reduced its coal reliance by over 20% in the years 1980 - 1985, and for which coal-fired units produced less than 50% of the system's capacity in 1985-87 receive extra allowances.(404(e)) Phase II Reductions o In Phase II, which begins on 1/1/2000, the emissions limits imposed on Phase I plants are tightened, and emissions limits are imposed on smaller, cleaner plants as well. In general, all utility plants emitting at a rate above 1 .2 Ibs/mmBtu will have to reduce their emissions to a level equal to 1.2 Ibs/mmBtu multiplied by their baseline. (405) However, there are various other emission rate/allowance allocation provisions for several other categories of sources including: Units using primarily lignite coal in 1985 - 1987 and located in attainment states (405(b)). Coal-or oil-fired units below 75 MWe and above 1.2 Ibs/mmBtu (405(c)) Coal-fired units below 1.2 Ibs/mmBtu (405(d)) Oil-and gas-fired units equal to or greater than .6 Ibs/mmBtu and less than 1.2 Ibs/mmBtu (405(e)) Oil-and gas-fired units less than .6 Ibs/mmBtu (405(f)) Units that commence operation between 1986 and 12/31/95 (405(g)) Oil-and gas-fired units with fuel consumption of less than 10% oil consumed (405(h)) Bonus Allowances In addition to allocation through the above noted provisions, bonus allowances are allocated for a period of 10 years (2000 - 2009) to the following categories of sources: Units in certain "high growth" states (405(1)) ------- Certain municipally-owned power plants (405(j)) States with emission rates at or below 0.8 Ibs/mmBtu Units in 10 midwestern states (405(a)(3)) Units with actual 1985 rates below 2.5 Ibs/mmBtu and capacity factors less than 60% (405(b)(2)) Units that converted to coal between 1980 and 1985 and that are located in states with more than 30 million KW installed electrical generating capacity. A phase II reserve totaling up to 5.3 million allowances (up to 530,000 annually for 10 years) is established from which bonus allowances are allocated. The reserve allowances come from deductions allowances from each unit's basic Phase II allocation. Exemptions for Non - Utility Generation o Cogeneration facilities are exempted from requirements if either: the unit supplies less than one-third of its potential electricity output to a utility power system; or is less than 25 MWe in size. o Qualifying small power production cogeneration and independent power production facilities, whhich, as of the date of enactment, had an executed power sales agreement, a letter of intent or regulatory commission order, or had been selected under a competitive bidding process are exempted. Special Reserve for EPA Allowance Sales and Auctions EPA is to create an allowance reserve by tapping each affected source's allocation 2.8% during 1995 - 99, and 2.8% of the basic Phase 2 allocation for each year beginning in 2000. These allowances are to be set aside for EPA allowance sales and auctions. (416(b>) Allowance Sales A portion of the allowances in the reserve established above are to be put in a direct sale subaccount and sold by EPA in accordance with EPA regulations. The proceeds of allowance sales are to be returned to the affected units on a pro rata basis. Purchasers are required to pay 50% of the total purchase price within 6 months after the approval of the request to purchase, the remainder due before allowance transfer. Unsold allowances are to be transferred to an auction subaccount (discussed below). The requirement to hold direct sales shall be terminated by EPA if less then 20% of the allowances available for sale are sold in any 2 consecutive ------- years, and any remaining allowances are transferred to the auction subaccount described below. EPA Direct Allowance Sale o EPA will offer for sale allowances as described in the table below. They shall be offered at a price of $1500 per allowance (CPI adjusted). Sales are to be made on a first come first served basis subject to the priority for Independent Power Producers (IPPs) described below. Table I Number of Allowances Available for Sale at $1500/ton Spot Sale (same year) Advance Sale 1993 - 199925,000 2000 and after 25,000 25,000 Allowances sold in the spot sale in any year are allowances which may only be used in that year (unless banked for use in a later year), except as otherwise noted. Allowances sold in the advance auction in any year are allowances which may only be used in the 7th year after the year in which they are first offered for sale (unless banked for use in a later year.) Independent Power Producers o An Independent Power Producer (IPP) is defined as the owner of a new facility required to hold allowances which sells 80% of its electricity wholesale, is nonrecourse project-financed, and does not generate energy sold to an affiliate of the facility's owner (unless it can not obtain allowances from the affiliate). The opportunity to purchase allowances from the above-noted reserve shall first be given to IPPs. IPPs proposing to construct new independent power facilities for which allowances are required before the date of the first EPA allowance auction, and which have not received responses to written offers to all affected units to purchase allowances for $750, are also entitled to an EPA written guarantee of allowance availability at $1500 per allowance. Allowance Auctions EPA is to establish a subaccount in the allowance reserve for auctions. Auction rules will be developed by EPA, in consultation with the Department of Treasury, within 12 months of enactment. Auctions will be open to any person, and will be carried out by sealed bid, with sales based on bid price. No minimum bid will be ------- established. Auction proceeds will be transferred to affected units contributing to the reserve on a pro rata basis, and allowances held for auction which were not sold at the auction will be returned to contributing affected units on a pro rata basis. EPA may delegate or contract out for auction services. EPA may terminate the auctions after 2002 if less than 20% of the allowances available for purchase have been purchased in any 3 consecutive years. Allowances will be auctioned in accordance with the following table: Table II Year of sale Number of allowances available for auction Spot Auction (same year) Advance Auction 1993 1994 1995 1996 1997 1998 1999 2000 50,000* 50,000* 50,000* 150,000 150,000 150,000 150,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 Allowances sold in the spot sale in any year are allowances which may only be used in that year (unless banked for use in a later year), except as otherwise noted. Allowances sold in the advance auction in any year are allowances which may only be used in the 7th year after the year in which they are first offered for sale (unless banked for use in a later year.) *Available for use only in 1995 (unless banked for use in a later year. Recording of Allowance Auction Results o EPA shall make public the nature, prices and results of each auction, and shall record the transfer of allowances. Additional Auction Participants o Any person holding allowances may submit them to the EPA for inclusion in the auction, and may specify a minimum price for their sale. These allowances will be allocated and sold on bid price after the EPA auction is complete. Proceeds shall be transferred by the purchaser at the time of sale to the seller. ------- NOx Control Program Together with NOx provisions in other parts of the legislation, NOx provisions in the acid rain title will help to achieve an approximate reduction in annual NOx emissions of 2 million tons from 1980 levels by 2000. The NOx reduction program is not an allowance-based program, although, the excess emissions fee discussed in the context of S02 applies to excess NOX emissions as well. (411(a)&(b)) Utility NOx emissions - Existing units o Within 18 months of enactment, EPA is required to establish NOx emissions limitations for tangentially-fired and dry bottom, wall-fired boilers. The standards set for these boiler types may not be less stringent than those specifically provided for in the legislation, unless the legislatively mandated standards can not be met using low NOx burner technology. The standards established go into effect after January 1, 1995, and are applicable to all Phase I sources. (407(b)) o By January 1, 1997, EPA must promulgate emissions limitations for all other types of utility boilers. All affected sources must meet these standards by the Phase 2 deadline. Alternate Emission Limitations o Less stringent emissions limitations then those established above may be authorized if the operator can demonstrate that the applicable emissions limitation can not be met using the requisite technology. A compliance extension is also possible if the required technology is not immediately available. (407(d)) New Source Performance Standards o By 1/1/93, EPA must propose, and by 1/1/94 promulgate, revised New Source Performance Standards for NOx from all fossil fuel-fired steam generating units (407(c)) Emissions Averaging o An owner of 2 or more units subject to the NOx provisions may comply based on the average emissions rate of all such units. ------- Interoollutant Trading o EPA to study and report to Congress by 1/1/94 Acid Rain Permits The acid rain title is implemented through permits. Permits are issued for 5 years pursuant to the provisions of Title V as modified by this title. Phase I Permits o Phase I permits are issued by EPA pursuant to regulations promulgated within 18 months of enactment. (408(c>). Phase I permit applications are due 27 months after enactment. EPA must act on permit applications within 6 months of receipt. Phase II Permits o Phase II permits are to be issued by states with approved permit programs. Phase II sources must submit permit applications by 1/1/96, and states with approved permit programs must issue the permits by 12/31/97. In states without approved permitting programs, sources must s bmit applications to EPA by 7/1/96, and EPA must issue t; . by 1/1/98. (408(d)) New Unit Permits o Sources with new units must submit permit applications 2 years before the latter of 1/1/2000, or the date on which the unit commences operation. (408(e)) Compliance Plans o Compliance plans are a required component of each permit application. The compliance plan describes how the unit will comply with the emission limitations of this title. If the source expects to comply with the schedules by holding the requisite number of allowances, a statement to that effect will be sufficient. A unit electing to make use of an alternative method of compliance (e.g., bonuses or extensions) must file a more comprehensive compliance plan. Compliance plans may be revised by applicants at any time. (408(g)) Election of Additional Sources ------- 10 Any unit not affected by Phase I or II requirements may elect to become an affected unit under this title. It must submit a permit application and proposed compliance plan. Election sources will be subject to the requirements of this title, except for the limitation that, with few exceptions, they may not transfer or bank allowances produced from reduced utilization or shutdown. S02 emissions limits and allowance allocations for election sources will be based on 1985 emissions and a baseline to be established by EPA regulation. Process sources may also elect to become affected sources in accordance with regulations to be developed by EPA.(410). Monitoring Reporting and Recordkeeping In general, all affected sources will be required to install and operate Continuous Emissions Monitors (or an alternative system which provides information with the same precision, reliability, accessibility and timeliness) on each affected unit at the source, and to quality assure the data for S02, NOx, opacity and volumetric flow. Multiple units using a single stack do not require unit specific CEMs, but do require the collection of sufficient reliable information to demonstrate compliance for each unit. (412) Phase I Requirements o Within 36 months of enactment, Phase I sources must have operational CEMs. They shall also quality assure data and keep records and reports in accordance with regulations to be developed by EPA.(412(b)) Phase II Requirements o By 1/1/95, all affected units must meet the requirements noted above. New units must meet the requirements upon the commencement of commercial operation (412(c)) Unavailability of Data o EPA will promulgate regulations prescribing the means for calculating emissions to be used to fill data gaps occurring during periods of required compliance with the above noted requirements. (412(d)) Clean Coal Technology Regulatory Incentives A clean coal technology is defined as any technology which will achieve significant reductions of S02 or NOx 'associated with coal use in the generation of electricity, process steam, or industrial products which is not in widespread use at the time of enactment. (415). The legislation also provides some incentives for clean ------- 11 coal technology demonstration projects funded through the Department of Energy Program or EPA. (415) Temporary Demonstration Projects o Demonstration projects of 5 years or less which comply with state implementation plans and National Ambient Air Quality Standards during and after project termination will not be subject to New Source Performance Standards, or parts C or D of Title I. (415(b)(2)) Permanent Demonstration Projects o Permanent demonstration projects that constitute repowering under 402(1) shall not be subject to New Source Performance Standards, or to review or permitting requirements of Part C for any pollutant whose potential emissions do not in- crease as a result of the project. (415(b)(3)) EPA Regulations o Within 12 months of enactment, EPA shall promulgate regulations or interpretive rulings to make existing regulations consistent with the above-noted requirements. State changes may be submitted to EPA to accomplish the same objectives. (415(4)) Miscellaneous Required Reports EPA must report to Congress on the following matters: o The feasibility and effectiveness of an acid rain standard o A list of all lakes known to be acidified due to acidic deposition o An inventory of national annual S02 emissions from industrial sources. If the inventory shows that industrial S02 emissions are likely to exceed 5.6 million tons, the EPA shall take regulatory actions to see that emissions are capped at the 5.6 million ton level. o Annual S02 and NOx emission levels and reductions, and reduction methods utilized in each province of Canada participating in Canada's acid rain control program. Reports required by other Agencies ------- 12 o Clean Coal Technologies Export Program o Study of buffering and neutralizing agents ------- TITLE V PERMITS \ 5 r^^zr/ & \^+J * ------- Table of Contents State Permit Programs with EPA Oversight 1 EPA Permit Program Regulations 1 State Program Development 1 EPA Review of Program Submittals 1 Partial Permit Programs 2 Interim Approval 2 EPA Sanctions and Federal Programs 2 Permit Program Content 3 Program Coverage 3 Exemptions from Program Coverage 4 Permit Program Requirements 5 Required Permit Provisions 6 Permit Fees 7 Multi-Souce Facility, Temporary Facility, and General Permits 7 The Permitting Process 8 Permit Applications and State Action on Applications 8 Application Protection 9 Priority for New Contruction Permits 10 Neighboring State Review of Permits 10 EPA Review and State Response 10 Judicial Review 10 Effect of Valid Permit 11 Permit Shield 11 Permit Reopening 11 Operating Flexibility 12 Miscellaneous 12 Saving Clause 12 Acid Rain Permits 12 Small Business Provisions 13 ------- TITLE V: OPERATING PERMITS The goal of Title V is to have states issue federally enforceable operating permits to the significant stationary sources of air pollution subject to federal regulation under the Clean Air Act ("Act"). These operating permits will be designed to enhance the ability of EPA, the states, and citizens to enforce the requirements of the Act. Permits should also clarify for these sta*~ -onary sources exactly what requirements are applicable to them under the Act, and what the source must do to comply with those requirements. The permitting programs will also aid states in implementing the Act by providing the state permit fees to support the program. I. State Permit Programs with EPA Oversight Title V is structured to allow states to develop the permitting program in the first instance, with EPA overseeing development of the program and enforcing the obligation to implement a program in each state. State and local pollution control agencies or interstate compacts may implement the provisions of Title V, depending on how the state chooses to develop its program. See sees. 501(4), 502(d)(1) and 302(b). A. EPA Permit Program Regulations Within one year of enactment of the Clean Air Act Amendments of 1990 ("CAAA"), EPA must promulgate regulations establishing the minimum elements of a permit program. Sec. 502(b). These regulations must include certain elements specified in Title V, and described in section II of this summary, below. B. State Program Development Within three years of enactment of the CAAA (two years after EPA is obligated to issue its permit program regulations) the Governor of each state shall submit to EPA a permit program meeting the requirements of Title V. The Governor must also submit a legal opinion from the attorney general, attorney for those state air pollution control agencies with independent legal counsel, or the chief legal officer of an interstate agency stating that the laws of the state, locality, or interstate compact provide adequate authority to carry out the program. Sec. 502(d)(1). C. EPA Review of Program Submittals Within one year after receiving the state's program, EPA shall approve or disapprove it, in whole or in part. EPA must provide notice and opportunity for public comment within the 1 year timeframe. EPA may approve the program to the extent it meets the requirements of the Act and EPA's permit program regulations. if EPA disapproves the program, or any part of it, EPA must notify the Governor of any revisions necessary for EPA approval. The state ------- then has 180 days from this notice to revise and resubmit the program. Sec. 502(d)(1). When EPA approves a program, EPA must suspend issuance of federal permits, but may retain jurisdiction over permits still under administrative or judicial review. Sec. 502(e) . D. Partial Permit Programs EPA may not approve a partial permit program unless, at a minimum, it assures compliance with the following provisions in the Act: 1 . Acid deposition requirements of Title IV applicable to "affected sources;" 2. The air toxics requirements of section 112 applicable to "major sources," "area sources," and "new sources;" and 3. The state implementation plan requirements and new source performance standards of Title I applicable to sources required to have a permit under Title V. Even if EPA does approve a partial program, the state is still obligated to submit a fully approvable program, and is still subject to sanctions for failure to do so. Sec. 502(f). E. Interim Approval EPA may grant interim approval to a program or partial program that is not fully approvable, but that "substantially meets" the requirements of Title V. EPA must specify in the notice of final rulemaking granting interim approval the changes the state must make to receive full approval. EPA may grant interim approval for a period of up to two years, which may not be renewed. During the interim approval period, the state is protected from sanctions for failure to have a program and EPA is not obligated to promulgate a federal permit program in the state. Sec. 502(g) and (d)(2)-(3). F. EPA Sanctions and Federal Programs 1. Failure to Submit an Approvable Program EPA must apply sanctions to a state where the Governor has not submitted a program within eighteen months after the deadline for submittal, or where eighteen months have passed since EPA disapproved the program in whole or in part. Sec. 502(d)(2) (B) . The sanctions are the same as those in Title I: a highway funding cutoff; and a two to one offset ratio for new or modified sources. See Sec. 179(b). EPA may apply the offset ra^tio sanction only in areas where the failure to submit or disapproval relates to an air pollutant for which the area is designated nonattainment. Sec. ------- 502(d)(2)(C). EPA must apply the sanctions in the same manner as provided in Title I: one first, then both after six months, and both in any case of a lack of good faith. See Sec. 179(a) . EPA has the option of imposing any of the Title I sanctions before the expiration of the eighteen month period for mandatory sanctions where the Governor fails to submit a program or where EPA disapproves a program, in whole or in part. Sec. 502(d)(2)(A). If the state has no approved program two years after the date required for submission of the program, EPA must promulgate, administer, and enforce a federal permit program. Sec. 502(d)(3). 2. Failure to Implement a Program Whenever EPA determines that a permitting authority is not adequately administering and enforcing a program, EPA must notify the state. Sec. 502(i)(1). If EPA determines that the failure to administer and enforce the program persists eighteen months after EPA's notice to the state, EPA must apply the same sanctions in the same manner as required for a failure to submit an approvable program. Sec. 502(1)(2). EPA has the option of imposing any of the sanctions before the eighteen month period has passed. Sec. 502(i)(1). If the state has not cured the failure to administer and enforce the program within eighteen months after EPA's notice, EPA must promulgate, administer, and enforce a federal permit program within two years after the notice to the state. Sec. 502(i)(4). II. Permit Program Content EPA's permit program regulations must require at least the following minimum elements in the state permitting programs. A. Program Coverage Under section 502(a), permitting programs must cover the following sources: 1. Affected sources under the acid deposition provisions of Title IV; 2. Major sources, defined as follows (see sec. 501(2)): a. For air toxics sources under sec. 112, sources with the potential to emit 10 tons per year ("TPY") of any hazardous air pollutant or 25 TPY of any combination of hazardous air pollutants (see sec. 11 2 (a) (1 ) ) ; b. For all sources of air pollutants as defined in section 302 of the Acfe, sources with the potential to emit 100 TPY of any pollutant ------- (see sec. 302(j)); and c. For sources subject to the nonattainment area provisions of Title I, part D, sources in the following type of nonattainment area with the potential to emit the following amount of pollutants: Ozone (see sees. 182(c)-(e) and 184(b)(2)) TPY Serious and transport 50 Severe 25 Extreme 10 Carbon Monoxide (see sec. 187(c)(1)) Serious (due to stationary sources) 50 PM-10 (see sec. 189(b)(3)) Serious 70 3. Any other source, including an area source, subject to an hazardous air pollutant standard under sec. 112; 4. Any source subject to new source performance standards under sec. 111; 5. Any source required to have a preconstruction review permit pursuant to the requirements of the prevention of significant deterioration program under Title I, part C or the nonattainment area new source review program under Title I, part D; and 6. Any other stationary source in a category EPA designates in whole or in part by regulation, after notice and comment. B. Exemptions from Program Coverage Section 502(a) also authorizes EPA, consistent with the applicable provisions of the Act, to exempt one or more source categories (in whole or in part) from the requirement to have a permit. EPA must determine that permitting the source category is impracticable, infeasible, or unnecessarily burdensome. EPA may not, however, exempt any major source from the permitting requirements. See paragraph II. A. 2., above. ------- C. Permit Program Requirements To be approvable, each permit program must contain the following elements: 1. Requirements for permit applications, including standard applications forms and criteria for determining the completeness of applications (sec. 502(b)(1)); 2. Monitoring and reporting requirements (sec. 502(b)(2)); 3. A permit fee system (sec. 502(b)(3); see below for more detail); 4. Provisions for adequate personnel and funding to administer the program (sec. 502(b)(4)); 5. Authority to issue permits and assure that each permitted source complies with applicable requirements under the Act (sec. 502(b)(5)(A)); 6. Authority to terminate, modify, or revoke and reissue permits "for cause," which is not further defined (sec. 502(b)(5)(D)), and a requirement to reopen permits in certain circumstances (see paragraph IV. B., below); 7. Authority to enforce permits, permit fees, and the requirement to obtain a permit, including civil penalty authority in a maximum amount of not less than $10,000 per day, and "appropriate criminal penalties" (sec. 502(b)(5)(E)); 8. Authority to assure that no permit will issue if EPA timely objects to its issuance (sec. 502(b)(5)(F)); 9. Procedures for expeditiously determining when applications are complete and for processing applications and public notice, including offering an opportunity for public comment and, a hearing on applications, for expeditious review of permit actions, and state court review of the final permit action (see paragraph III. F. 1., below) (sec. 502(b)(6)); 10. Authority and procedures to provide that the permitting authority's failure to act on a permit ------- or renewal application within the deadlines specified in the Act (see sec. 503 and the deadlines for permitting under acid deposition provisions in Title IV) shall be treated as a final permit action solely to allow judicial review by the applicant or anyone also who participated in the public comment process to compel action on the application (sec. 502(b)(7)). 11. Authority and procedures to make available to the public any permit application, compliance plan, permit, emissions or monitoring report, and compliance report or certification, subject to the confidentiality provisions of sec. 114(c) of the Act (sec. 502(b)(8)); the contents of the permit itself are not entitled to confidentiality protection (sec. 503(e)); and 12. Provisions to allow operational flexibility at the permitted facility (see paragraph IV. C., below) (sec. 502(b)(10)). D. Required Permit Provisions Within each program, each permit must contain certain provisions, as follows: 1. A fixed term, not to exceed five years (sec. 502(b)(5)(B)); 2. Limits and conditions to assure compliance with all applicable requirements under the Act, including requirements of the applicable state implementation plan (sec. 504(a)); 3. A schedule of compliance, which is defined as a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to compliance with applicable requirements under the Act (sec. 504(a) and 501(3)); and 4. Inspection, entry, monitoring, compliance certification, and reporting requirements to assure compliance with the permit terms and conditions, consistent with any monitoring regulations EPA is authorized to promulgate under section 504(b) (sec. 504(c)). E. Permit Fees An approvable permit program must require permittee to pay an annual fee (or equivalent over some other period) sufficient ------- to cover all "reasonable (direct and indirect) costs" required to develop and administer the permit program. Sec. 502(b)(3){A). All fees collected by a permitting authority must be used solely to support the permit program. Sec. 502(b)(3)(C)(iii). These fees must cover the costs of the following: 1. Reviewing and acting upon any application; 2. Implementing and enforcing the permit, including any permit issued before enactment of the CAAA, but not any court costs or other costs associated with an enforcement action; 3. Emissions and ambient monitoring; 4. Preparing generally applicable regulations or guidance; 5. Modeling, analyses, and demonstrations, and 6. Preparing inventories and tracking emissions. Sec. 502(b)(3)(A)(i)-(vi). Fee Amount - The program must collect an amount from all sources equal to at least $25 per ton of each regulated pollutant (not including carbon monoxide). Sec. 502(b)(3)(B)(i) and (ii). The state is not required to count emissions of any pollutant from any one source in excess of 4,000 tons per year. Sec. 502(b)(3)(B)(iii) . This amount is to be increased each year according the Consumer Price Index. Sec. 502(b)(3)(B)(v). The program need not collect this amount if it can demonstrate that a lesser amount will support the direct and indirect costs of the program. Sec. 502(b)(3)(B)(iv). If EPA determines that a state's fee program is not approvable, or that a state is not adequately administering or enforcing an approved fee program, EPA may collect reasonable fees from permittee. Such fees shall be designed solely to cover EPA's costs of administering the federal permit program. Sec. 502(b)(3)(C)(i). Sources failing to pay a fee EPA assesses must pay a penalty of 50 percent of the fee amount, plus interest. Sec. 502(b)(3)(C)(ii). EPA must deposit federally collected fees, penalties, and interest in a special Treasury fund, subject to appropriation, to carry out EPA's permitting activities. F. Multi-Source Facility, Temporary Facility, and General Permits A permitting authority may issue one permit for a facility 7 ------- with multiple sources. Sec 502(c). The authority may also issue one permit authorizing emissions from similar operations at multiple temporary locations. The permit must assure that the emissions from each location will comply with the Act, and require notice from the source owner or operator before each change in location. Sec. 504(e). Finally, the authority may, after notice and opportunity for a public hearing, issue a general permit covering numerous similar sources. Sources covered by a general permit must still file applications. Sec. 504(d). III. The Permitting Process A. Permit Applications and State Action on Applications 1. Permit Obligation A source covered by section 502(a) must have a permit and comply with it. All sources required to be permitted under section 502(a) become subject to a permit program and are required to have a permit when EPA approves or promulgates a program applicable to that source, or when the source becomes subject to section 502(a) (by modification or construction), whichever is later. Sec. 503(a) and 502(h). Title V provides, however, that no source shall violate section 502(a) for failure to have a permit before the date on which the source is required to submit an application. Sec. 503(d). Therefore, it is the application date, not the program effectiveness date, which triggers a source's obligation to have a permit. 2. Application Submission and Due Date Covered sources must submit an application within twelve months after the date EPA approves or promulgates a program applicable to that source. The permitting authority may designate an earlier date. The application must include a compliance plan and be signed by a responsible official, who must certify the accuracy of the information submitted. Sec. 503(c). 3. State Action on Initial Applications For the initial round of permit applications, the permitting authority must establish a phased schedule for acting on permit applications submitted within the first full year after program approval. This schedule must assure that the permitting authority will act on at least one-third of the permits each year over a period not to exceed three years after approval or promulgation of the program. Sec. 503{c). 4. State Action on Subsequent Applications 8 ------- After acting on the initial applications, the permitting authority must act on a. completed application and issue or deny a permit within 18 months after receiving the complete application. Sec. 503(c). B. Application Protection Except for sources subject to preconstruction new source review permitting requirements, a source which files a timely and complete application for a permit or a renewal will not be liable for failure to have a permit if the permitting authority delays in issuing or reissuing the permit, provided the delay in issuing the permit was not due to the applicant's failure to submit required or requested information. Sources requiring new source review permits must have operating permits before operating the new source or major modification. Sec. 503(d). C. Priority for New Construction Permits The permitting authority is required to have reasonable procedures to grant priority to acting on permits for new construction or modifications. Sec. 503(c). D. Neighboring State Review of Permits The permitting authority is required to notify all states whose air quality may be affected and that are contiguous to the state permitting the facility of each permit application or proposed permit submitted to EPA for review. See next paragraph for EPA review. The authority must also notify each state within 50 miles of the applicant source. The permitting authority must give all such states an opportunity to submit written recommendations for the permit. If the authority refuses to accept those recommendations, it must provide written notice of its reasons to the state that submitted the recommendation and to EPA. Sec. 505(a)(2). E. EPA Review and State Response The permitting authority must submit to EPA a copy of the following: 1. The application for any permit, renewal, or modification, including the compliance plan, or any portion EPA determines it needs to review the application and permit effectively; and 2. Each permit proposed to be issued and issued as a final permit. Sec. 505(a)(1). ------- EPA must object to any permit that is not in compliance with the applicable requirements of the Act, including the applicable implementation plan. If EPA objects within 45 days after receiving either the proposed permit or the notice that the permitting authority has refused to adopt a neighboring state's recommendations for the permit, the permitting authority must respond to EPA in writing. EPA must provide the permitting authority and permit applicant a statement of reasons for the objection. Sec. 505(b)(1). The permitting authority may not issue the permit if EPA objects, unless it revises the permit to meet EPA's objections. If the authority has already issued the permit, EPA must modify, terminate, or revoke the permit, and the permitting authority must reissue it to meet EPA's objection. Sec. 505(b)(3). The permitting authority has 90 days after EPA's objection to revise the permit. If the permitting authority fails to do so, EPA must issue or deny the permit. Sec. 505(c). EPA may waive its own and neighboring states' review of permits for any category of sources, except major sources, either when approving an individual program, or in a regulation applicable to all programs. EPA may also waive its own review, but maintain the requirement to notify neighboring states. Sec. 505(d). F. Judicial Review 1. State Court Review An approvable program must provide for judicial review in state court of the permit action by the applicant, anyone who participated in the public comment process, and any other person who could obtain judicial review of the action under applicable law. Sec. 502(b)(6). 2. Federal Court Review a. EPA's Failure to Veto Within 60 days after the expiration of the 45 day EPA review period any person may petition the Administrator to veto a permit if EPA fails to object. The objections in the petition must have been raised during the comment period on the permit provided by the state issuance process, unless the petitioner shows that it was impracticable to raise the objections at that time. The petition shall not postpone the effectiveness of a permit that has issued. The Administrator shall grant or deny the petition within 60 days after the petition is filed. EPA must issue an 10 ------- objection if the petitioner demonstrates that the permit is not in compliance with the Act, including the applicable SIP requirements. If the Administrator denies the petition, the denial is subject to review in the Federal Court of Appeals under section 307. Sec. 505(b)(2). b. EPA's Issuance of a Permit Where EPA objects to a permit and the state fails to meet EPA's objection, EPA must then issue or deny the permit. The Federal Court of Appeals may review EPA's final action in issuing or denying the permit under section 307. Title V provides that EPA's objection to a permit is not subject to judicial review until EPA takes final action on the permit. Sec. 505(c). IV. Effect of Valid Permit A. Permit Shield If a source complies with its permit, the permit may provide that the source is deemed to comply with other applicable provisions of the Act if: 1. the permit includes the applicable requirements of the Act; or 2. the permitting authority made an explicit determination referred to in the permit that other provisions are not applicable to the source. EPA may limit the scope of this permit compliance protection by rule. Sec. 504(f). B. Permit Reopening 1. Automatic Reopening Any approvable program must require that the permitting authority will revise all permits with terms of three or more years to incorporate applicable requirements under the Act that are promulgated after issuance of the permit. Such revisions must be made using the notice and comment procedures for permit issuance, and must be made within 18 months after the promulgation of the new requirement. No revision is required if the effective date of the requirement is after the expiration of the permit term. Sec. 502(b)(9). 2. Reopening for Cause Any approvable program must require that the permitting authority may terminate, modify, or revoke permits for cause. Sec. 502(b)(5)(D). If EPA finds that cause exists to reopen a permit, EPA must notify the permitting authority and the source. The permitting authority has 90 days after receipt of the notification to forward to EPA a proposed determination of termination, modification, or revocation and .reissuance of the permit. EPA may extend the 90 day period for an additional 90 11 ------- days if a new application or additional information is necessary. EPA then may review the proposed determination under the review procedures for permit issuance. If the permitting authority fails to submit a determination or if EPA objects to the determination, EPA may terminate, modify, or revoke and reissue the permit. EPA must provide notice and "fair and reasonable procedures" when it terminates, modifies, or revokes and reissues a permit. Sec. 505(e). C. Operational Flexibility An approvable program must provide for changes within a permitted facility without requiring a permit revision. The changes may not be modifications under Title I of the Act and they may not exceed the total emissions or emission rates allowable under the permit. The facility must provide EPA and the permitting authority with written notification at least 7 days before the change, or a shorter time for emergencies. Sec. 502(b)(10). V. Miscellaneous A. Saving Clause Permitting authorities are specifically authorized to establish "additional permitting requirements not inconsistent with the Act." Sec. 506(a). There is a statement of the managers attempting to clarify this provision, explaining that a state may establish more stringent permitting requirements as long as they are not inconsistent with the national permitting requirements of the Act. B. Acid Rain Permits The permitting provisions of Title V shall apply to permits implementing the acid deposition provisions of Title IV, except as modified by Title IV. Sec. 506(b). C. Small Business Provisions 1 . State Program Section 507 requires states to establish a small business stationary source technical and environmental compliance assistance program. The program must be adopted as part of the state implementation plan under sections 110 and 112. The states must submit the proposed program with two years after enactment of the CAAA. Sec. 507(a). EPA must approve the program if it contains the following provisions for small business stationary sources: 12 ------- a. Mechanisms for developing information concerning compliance methods and programs to encourage lawful cooperation among such sources; b. Mechanisms to assist such sources with pollution prevention and accidental release detection and prevention; c. A state ombudsman for such sources to aid in implementation of the Act; d. A compliance assistance program to help such sources determine applicable requirements and receive permits; e. Mechanisms to assure that such sources receive notice of their rights under the Act; f. Mechanisms to assure that such sources are informed of their obligations under the Act, including referrals to qualified auditors; and g. Procedures to consider requests from such sources to modify: a. work practice or technological compliance methods; or b. the milestones for implementing such methods. Such requests would be based on the source's technological and financial capability. All such modifications must comply with the Act's requirements, and federal regulations may only be modified if the regulation provides for the modification. Sec. 507(a)(1)-(7). The state must also establish a Compliance Advisory Panel to monitor implementation of the program. Sec. 507(e) . 2. EPA Program EPA must establish a program within nine months after enactment of the CAAA for small business stationary sources which must: a. assist the states in developing their programs; b. issue guidance about alternative control technologies and 13 ------- pollution prevention methods; and c. in states that fail to adopt a program, implement the requirement to assist such sources in determining applicable requirements and receiving permits. Sec. 507(b). EPA must also have a Small Business Ombudsman to monitor implementation of the program. Sec. 507(d). 3. Small Business Stationary Source Definition To qualify for assistance by these programs a source must meet all the following conditions: a. Be owned or operated by a person employing 100 or fewer individuals; b. Be a small business under the Small Business Act; c. Not be a major stationary source; d. Not emit 50 tons per year or more of any regulated pollutant; and e. Emit less than 75 tons per year of all regulated pollutants. Sec. 507(c)(1). States may also include a source that is a major stationary source, emits over 50 tons per year of any pollutant, or 75 tons per year of all pollutants, provided the source does not emit more than 100 tons per year of all regulated pollutants. Sec. 507(c)(2). EPA or the state may exclude from the program any category of sources that has sufficient technical and financial capabilities to meet the requirements of the Act without the program. EPA and the state must consult with the Small Business Administration and provide notice and opportunity for comment on such exclusions. Sec. 507(c)(3). 4. Regulatory Flexibility: Fees, CEMs, and CTGs The state or EPA may reduce any fee required under the Act for small business stationary sources. Sec. 507(f). When developing regulations or control technique guidelines ("CTGs") which require continuous emissions monitors ("CEMs"), EPA must consider the appropriateness of requiring CEMs at such sources. This provision does not apply to CEMs under the acid deposition provisions of Title IV. Sec. 507(g). EPA must also consider the size, type, and technical capabilities of such sources when developing CTGs. Sec. 507(h). 14 ------- TITLE VI STRATOSPHERIC OZONE PROTECTION ------- Table of Contents Page Listing 1 Ozone Depletion and Global Warming Potential 1 Reporting Requirements 1 Reduction Requirements 2 Accelerated Reduction Schedule 3 Exchange 3 Use, Recycling and Disposal 3 Mobile Air Conditioning 3 Nonessential Products 4 Labeling 4 Safe Alternatives 4 Procurement 5 Methane 6 ------- Titie VI - Stratospheric Ozone Protection Listing Within 60 days of enactment, EPA to publish two lists of ozone-depleting substances: (1) Class I substances, the most potent ozone depleters, include chlorofluorocarbon (CFO-11, 12, 113, 114, 115 (Group I); halons (Group II); all other fully halogenated CFCs (Group III); carbon tetrachloride (Group IV)-; and methyl chloroform (Group V). (2) Class II substances are the hydrochlorofluorocarbons (HCFCs). At least every three years, EPA to add to the list other substances that meet specified criteria. Anyone may petition EPA to add a substance to one of the lists; EPA shall either add the substance to the list or publish a denial within 180 days. EPA may not remove any substance from the Class I list and may only remove a substance form the Class II list to add it to the Class I list. Ozone Depletion and Global Warming Potential Reporting Requirements Simultaneously with publication of the lists, EPA to assign each listed substance an ozone depletion potential (OOP), chlorine and bromine loading potential and atmospheric lifetime. One year after enactment, EPA to publish a global warming potential (GWP) for each substance. Quarterly reports (or as determined by Administrator) of production, imports and exports of Class I and Class II substances are required to be submitted to EPA. EPA to issue reporting regulations within 270 days. EPA is to report on the domestic and worldwide production, use and consumption of class I and Class II substances to Congress every 3 years. Every 6 years EPA must report on any environmental and economic effects of strtosperic ozone depletion. ------- - 2 - Reduction Requirements Class I Substances Production and consumption (defined as production plus imports minus exports) of Class I substances to be capped according to following schedule. Percentages refer to maximum allowable production and consumption as a percentage of the quantity of the substance produced or consumed by a person in the baseline year. Carbon Methyl Other Class Year Tetrachloride Chloroform Substances 1991 100% 100% 85% 1992 90% 100% 80% 1993 80% 90% 75% 1994 70% 85% 65% 1995 15% 70% 50% 1996 15% 50% 40% 1997 15% 50% 15% 1998 15% 50% 15% 1999 15% 50% 15% 2000 20% 2001 20% Baseline year for methyl chloroform and carbon tetrachloride is 1989. Baseline year for the other Class I substances is 1986. Administrator to choose a representative year for the baseline for Class II substances. Administrator authorized to grant limited exemptions from the phaseout schedule for specified purposes, so long as such exemptions are consistent with the United States' obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer. EPA to issue regulations within 10 months of enactment. Class II Substances New uses of HCFCs banned January 1, 2015 unless the HCFCs are used, recovered and recycled, used as a feedstock, or used as ------- - 3 - Accelerated Reduction Schedule Exchange refrigerant in appliances manufactured prior to January 1, 2020. Production frozen January 1, 2015 and phased out January 1, 2030. Administrator authorized to grant .limited exceptions consistent with the Montreal protocol. EPA to issue regulations by December 31, 1999. Administrator to promulgate regulations for an accelerated phase-out of Class I or Class II substances if he determines, based on credible scientific information, that acceleration may be necessary to protect human health and environment; if available substitutes make it practicable; or if the Montreal Protocol is modified to require faster reductions. Persons may petition for an accelerated schedule and EPA must grant or deny such petitions in 180 days. A company may produce or import a different mix of substances than it produced or imported in baseline year, or may trade production or consumption allowances with another company, if the change in mix on the trade results in greater total reductions for each substance than would otherwise be achieved. EPA to issue regulation within 10 months of enactment. Use, Recycling and Disposal Lowest achievable level of use and emissions, maximum recycling, and safe disposal of Class I substances used as a refrigerant required as of July 1, 1992. Regulations due by January 1, 1992. EPA to similarly regulate all other uses of Class I substances and all Class II substances within 4 years of enactment. Venting of Class I and Class II substances during the servicing or disposal of refrigeration equipment is prohibited as of July 1, 1992. Mobile Air Conditioning Recycling of Class I or Class II substances used in motor vehicle air conditioning required as of January 1, ------- - 4 - 1992 (for shops servicing fewer than 100 vehicles, January 1, 1993). Recycling equipment and operators must be certified. Regulations due within one year of enactment. Sale of small containers of Class I or Class II substances except to certified mechanics banned within 2 years. Nonessential Products CFC-containing party streamers, noise horns, cleaning fluids for noncommercial photo and electronic equipment and other consumer products deemed nonessential by the Administrator banned within 2 years of enactment. Regulations due within one year of enactment. Effective January 1, 1994, aerosols containing HCFCs and/or plastic foam products made with HCFCs are banned. Exceptions may be granted for aerosols found essential as a result of flammability or worker safety concerns. Foam insulation and rigid foams necessary to meet auto safety standards also exempt. Labeling Safe Alternatives Containers that contain Class I and II substances and products containing Class I substances to be labelled beginning in 30 months after enactment. Products containing or manufactured with Class II substances to be labelled after 30 months from enactment if Administrator finds, after public comment, alternative are available that reduce overall risk to human health and the environment. Products made with Class I substances must be labelled, 30 months after enactment, unless Administrator finds no alternatives available. Regulations due within 18 months of enactment. Effective 1/15/15, all products containing Class II substances, or manufactured with Class I or II substances must be labeled. EPA to take specified actions to facilitate and encdurage development of safe substitutes. Regulations also required to make it unlawful to replace any Class I or Class II substance with a ------- - 5 - and safety data on substitutes to the Agency and notify EPA 90 days before introducing chemical for significant new use as substitute. Procurement Within 18 months, EPA, The General Services Administration, and The Department of Defense to promulgate procurement regulations requiring maximum substitution of safe alternatives for Class I and II substances. Methane Five reports required in 2 years, one in 4 years, to identify sources of domestic and international methane emissions, potential for preventing increases and options to stop or reduce growth of emissions. ------- TITLE VII ENFORCEMENT PROVISIONS ------- Table of Contents Section 701 Page Modification of 30-day Notice of Violation for SIP Enforcement 1 Permit Program Requirements 1 Ensuring Full Enforceability 1 Expanded Administrative Compliance Order Authority 1 EPA Findings of State Failure to Comply with New Source Requirements 2 Civil Penalties - 2 Criminal Fines and Imprisonment 2 Relationship of Notices of Violation to Criminal Enforcement 2 Criminal Substantive Violations of the Act 2 Criminal Notice, Reporting and Recordkeeping Violations.... 3 Criminal Fee Violations 3 Criminal Negligent Endangerment 3 Criminal Knowing Endangerment 3 Administrative Penalty Authorities 3 Current Subsection 113(d) 5 Current Subsection 113(e) 6 Sufficient Cause Defense 6 Presumption of Continuing Violation 6 Monetary Awards 6 Public Participation in Settlements 7 Definition of "Person" and "Operator" 7 Section 702: Compliance Certification 7 Section 703; Administrative Enforcement Subpoenas 8 Section 704: Emergency Orders 8 Emergency Order Enforcement 8 Section 705: Contractor Listings 9 Types of Criminal Convictions giving Rise to Listing 9 Section 706: Judicial Review Pending Reconsideration 9 Section 707; Citizen-Suit Civil Penalties 9 Citizen-Suit Penalty Fund 9 Citizen-Suit Beneficial Mitigation Projects..10 Binding Effect of Citizen-Suit Judgement 10 Citizen-Suit Pleadings .* 10 Citizen-Suit Consent Judgements 10 Citizen Suits for Unreasonable Delay 10 Citizen Suits for Deferral of Action 10 ------- Section 708: Enhanced Implementation and Enforcement of New Source Review Requirements 11 Section 709: Movable Stationaryu Sources 11 Section 710: Section 120 Enforcement of New Titles of the Act 11 Section 711: Savings Provision and Effective Date 11 ------- TITLE VII PROVISIONS RELATING TO ENFORCEMENT Section 701 Generally, Section 701 consists of a complete replacement for Section 113 of the Act, which contains most of the federal enforcement provisions for stationary sources. Highlighted below are the subjects in Section 701 which make changes to Section 113. Subject: Modification of 30-day notice of violation for state implementation plan enforcement. Amends Subsection 113(a)(1) so that the notification requirement remains, but with no requirement that the violation last for more than one day. Cross-references the statute of limitations at 28 U.S.C. 2462. Amends Subsection 113(b)(l) to clarify and confirm that a source is liable for penalties for all violations of a SIP, including violations which pre-date the notice of violation. Subject: Permit program requirements. Amends Subsection 113(a)(2) (public notice and federal enforcement for state failure to enforce SIP) to include state failure to implement permit program. Notice required for state's failure to implement permit program must be in accordance with Title V (relating to permits) and federally assumed enforcement of state permit program may not begin until 90 days after notice (versus 30 days for SIP violations). Subject: Ensuring full enforceability. Amends Subsections 113(a)(3), (b)(2), (c)(1), (c)(3), and adds new Subsection (d)(1)(B) to expand cross references, thus ensuring enforceability by administrative, civil judicial, and criminal sanctions for violations of the Act's requirements. Subject: Expanded administrative compliance order authority. Amends Subsection 113(a)(4) to authorize EPA to issue administrative orders lasting up to one year. Except for Section 112 (NESHAP) violations, such orders are not effective until the person to whom it is issued has an opportunity to confer. EPA retains authority to proceed under other provisions of the Act. ------- - 2 - Subject: EPA findings of state failure to comply with new source requirements. Amends Subsection 113(a)(5) to authorize administrative penalty orders under new Subsection 113(d) and adds new Subsection 113(b)(3) to authorize civil judicial enforcement. Subjact: Civil penalties. Amends Subsection 113(b) to clarify and confirm that the $25,000 statutory maximum civil penalties apply "per day for each violation" [emphasis added]. Subject: Criminal fines and imprisonment criteria. Amends Subsection 113(c) to cross-reference 18 U.S.C., which provides guidelines for fines based on maximum imprisonment, rather than citing a specific statutory maximum fine, but does not specify whether fines and/or imprisonment are "per day for each violation." Doubles maximum fines and imprisonment for a second conviction. Subject: Relationship of notices of violation to criminal enforcement. Subsection 113(c)(l) retains an explicit 30-day notice requirement for SIP criminal enforcement actions. Subject: Criminal substantive violations of the Act. Amends Subsection 113(c)(l) to raise to a felony punishable by a fine and five years imprisonment any knowing violation of a State Implementation Plan, Sections 113(a), lll(e), 112, 114, 129, 165(a), 167, or 303, 502(a) or 503(c); Title IV, Title V or Title VI. ------- Subject: Criminal notice, reporting and recordkeeping violations. Amends Subsection 113(c)(2) (dealing with knowing violations of reporting requirements, false material statements, and falsification or tampering with devices) to add as criminal conduct: knowing omissions of material information; knowing failures to notify or report as required; knowing alteration, concealment; or failure to file or maintain documents required by the Act; and knowing failure to install required monitoring devices. Increases punishment under Subsection 113(c)(2) from a misdemeanor to two years imprisonment and/or a fine. By cross- referencing 18 U.S.C., the maximum fine is increased to $250,000 for individuals and $500,000 for organizations. Subject: Criminal fee violations. Adds new Subsection 113(c)(3) which makes it a misdemeanor to knowingly fail to pay any fee owed the United States under Titles III through VI punishable by a fine and/or one year imprisonment. Note that new Subsection 113(c)(l) makes it a felony to knowingly fail to pay any fee owing to the United States under the Act (except Title II) punishable by a fine and/or five years imprisonment. Subject: Criminal negligent endangerment. Adds new Subsection 113(c)(4) which creates a misdemeanor offense punishable by a fine and/or one year imprisonment for anyone who negligently releases into the ambient air a hazardous air pollutant under Section 112 of the Act or an extremely hazardous substance listed under 42 U.S.C. 11002(a)(2) and negligently places another in imminent danger of death or serious bodily injury. Establishes an affirmative defense if the conduct charged was freely consented to by the person endangered or if the conduct charged was in compliance with an emissions standard in a permit issued under Title V or with a federal emissions standard under the Act. Subject: Criminal knowing endangerment. Adds new Subsection 113(c)(5) which creates a felony offense punishable by a fine and/or 15 years imprisonment for anyone who knowingly releases into the ambient air hazardous air pollutants listed under Section 112 of the Act or an extremely hazardous ------- substance listed under 42 U.S.C. 11002(a)(2) and who knows at the time that he thereby places another in imminent danger of death or serious bodily harm. For any organization, a maximum fine of $1,000,000 for each violation is authorized. Establishes an affirmative defense if the conduct charged was freely consented to by the person endangered or if the conduct charged was in compliance with an emissions standard in a permit issued under Title V or with a federal emissions standard under the Act. Subject: Administrative penalty authority statutory maximum. Adds new Subsection 113(d)(l) authorizing EPA to issue administrative penalty orders of $25,000 per day of violation (total penalty cap of $200,000) for violations of Titles I, III, IV, V, or VI that occurred within one year of the order's issuance. Provides that the EPA Administrator and the Attorney General may jointly determine that a total penalty amount greater than $200,000, or a period of violation longer than one year, is appropriate. Subject: Administrative penalty authority procedures. Adds new Subsection 113(d)(2) to provide opportunity for an administrative hearing "on the record" in accordance with Sections 554 and 556 of the Administrative Procedure Act if requested within 30 days after notice to the person to be assessed an administrative penalty. The penalty order may be issued if a hearing is not timely requested. Directs the EPA Administrator to promulgate hearing rules. Subject: Administrative penalty authority compromising, modifying, or remitting penalties. Adds Subsection 113(d)(2)(B) to authorize the EPA Administrator to compromise, modify, or remit, with or without modification, penalty orders and field citations issued under Subsection 113(d). Subject: Administrative penalty authority - field citations. Adds new Subsection 113(d)(3) authorizing EPA to implement a "field citation program" for "minor violations" (e.g., routine ------- - 5 - reporting and recordkeeping violations). Field citation penalties may be issued by "officers or employees designated by the Administrator" and may not exceed $5,000 "per day of violation." Implementation is contingent on the promulgation of regulations, developed in consulation with the Attorney General, specifying categories of violations, penalty schedules, and informal hearing procedures. Payment of a field citation penalty shall not be a defense to further enforcement or penalty liability if the violation continues. Subject: Administrative penalty authority opportunity for judicial review. New Subsection 113(d)(4) permits review in an appropriate U.S. district court for administrative penalties imposed by issuance of a penalty order (Subsection 113(d)(l)) or field citation (Subsection 113(d)(3)). Requires all review be sought within 30 days after the penalty order or citation assessment becomes final. Judicial review of penalty orders and field citations will be review of evidence "in the record" (not de novo). No other judicial review of penalty orders or field citations is allowed. Subject: Administrative penalty authority enforcement. New Subsection 113(d)(5) makes administrative penalty assessments and final orders enforceable by suit brought by the Attorney General in the appropriate U.S. District Court. Expressly precludes judicial review of the validity, amount, and appropriateness of such assessments or orders. Provides for 10 percent quarterly non-payment penalties and recovery of enforcement expenses. Subject: Current Subsection 113(d). Deletes this Subsection, which allowed states and EPA to grant delayed compliance orders of SIP requirements past the attainment deadlines. ------- - 6 - Subject: Current Subsection 113(e). Deletes this Subsection, which extended compliance deadlines for certain steel plants up to the end of 1985. Subject: Penalty assessment criteria. New Subsection 113(e)(l) explicitly identifies factors EPA or the court shall consider in determining the amount of any penalty assessed under Subsection 113(d) or Subsection 304(a) (citizen suit penalties). Clarifies and confirms that "any credible evidence" can establish the duration of a violation. Subject: Sufficient cause defense. New Subsection 113(e)(l) expressly provides that no penalties shall be assessed for noncompliance with administrative subpoenas under Subsection 307(a) or for violations of Section 114 (information requirements) where the violator has "sufficient cause to violate or fail or refuse to comply with" such subpoena or information requirement. Subject: Presumption of continuing violation. New Subsection 113(e)(2) specifies that a penalty may be assessed "for each day of violation." In determining the number of days for which a penalty may be assessed under Subsections 113(b) (civil judicial enforcement), 113(d)(l) (administrative penalty orders), Section 304(a) (citizen suits), or Section 120 (noncompliance penalty), where the government has notified the source of the violation and makes a prima facie showing that the violation is likely to have continued, a rebuttable presumption arises that the days of violation are continuous until the violator establishes that continuous compliance has been achieved. The violator has the burden of proving by a preponderance of the evidence any intervening days of compliance. Subject: Monetary awards. New Subsection 113(f) authorizes, subject to available appropriations, the EPA Administrator to pay awards of up to $10,000 to individuals who provide information which leads to a ------- - 7 - criminal conviction or judicial or administrative civil penalty for violations of the Act. Not eligible for any award is any officer or employee of the U.S. or any state or local government who supplies information in the performance of an official duty. Subject: Public participation in settlements. New Subsection 113(g) requires the EPA Administrator to provide 30 days notice in the Federal Register and an opportunity for nonparties to comment before a consent order or settlement (other than enforcement actions under Sections 113, 120, or Title II, or judgments subject to DOJ policy on public participation) becomes final or is filed with a court. Requires the Administrator or Attorney General, as appropriate, to consider any comments. Subject: Definition of "person" for criminal enforcement. Except for knowing and willful violations, a new Subsection 113(h) restricts the definition of "person" for negligent endangerment cases (Subsection 113(c)(4)) to exclude an employee carrying out his "normal activities" and who is not "senior management personnel or corporate officers." Again except for knowing and willful violations, Subsection 113(h) restricts the definition of "person" for other offenses under Subsection 113(c) to exclude an employee carrying out his "normal activities and who is acting under orders from the employer." Subject: Definition of "operator" for Sections 113 and 120. New Subsection 113(h) defines "operator" for purposes of sections 113 and 120 to include senior management personnel or a corporate officer. Except for knowing and willful violations, "operator" excludes a "stationary engineer [sic] or technician responsible for the maintenance, repair, or monitoring of equipment and facilities." Section 702 Subject: Compliance certification. Amends Subsection 114(a) to clarify and confirm that EPA has the authority to require enhanced monitoring and submission of compliance certifications and that EPA can require such ------- - 8 - monitoring and compliance certifications by major stationary sources. EPA's authority to require enhanced monitoring and compliance certifications is expanded to include any person "who manufactures emission control equipment or process equipment, who the Administrator believes may have information necessary for the purposes set forth in this subsection." Requires implementing regulations within two years. Section 703 Subject: Administrative enforcement subpoenas. Amends Subsection 307(a) to give EPA express and broadened authority to use administrative subpoenas for "any investigation, monitoring, reporting requirement, entry, compliance inspection, or administrative enforcement proceeding under the Act...." This authority complements the additional administrative enforcement mechanisms adopted in the CAA Amendments. Section 704 Subject: Emergency orders. Amends Section 303 to authorize emergency orders to restrain sources which cause imminent and substantial endangerment to "public health or welfare, or the environment." Limits duration of emergency orders to 60 days unless an enforcement action is brought, in which case orders remain in effect for an additional 14 days or such additional time as the court authorizes. Deletes the requirement that the state has not "acted to abate" such sources. Requires consultation with state and local authorities to confirm the accuracy of the information upon which any proposed action is based. Subject: Emergency order enforcement. Deleted Subsection 303(b) which provided for civil penalties of $5,000 for each day of "willful" violation of an emergency order. Emergency orders are now enforceable under Section 113 and Section 120. Thus, the maximum civil penalty*for violation of an emergency order is raised to $25,000 per day of violation and the requirement to prove willfulness in civil actions is eliminated. ------- - 9 - New Subsection 113(c)(l) makes knowing violation of an emergency order a felony punishable by a fine and five years imprisonment. Section 705 Subject: Contractor listings. Amends Subsection 306(a) (which authorizes EPA Administrator to exclude convicted persons from Federal contracts, grants, or loans) by giving the Administrator discretion to also exclude "other facilities owned or operated by the convicted person." Subject: Types of criminal convictions giving rise to listing. Amends Subsection 306(a) to expand the mandatory listing requirement to persons convicted under any provision of Subsection 113(c); previously limited to conviction under Subsection I13(c)(l). Section 706 Subject: Judicial review pending reconsideration of regulation. Amends Subsection 307(b) to clarify and confirm that a petition for agency reconsideration does not render agency action non- final for purposes of judicial review and does not toll the 60- day time period for seeking judicial review. Section 707 Subject: Citizen-suit civil penalties. Amends Subsection 304(a) to authorize courts to assess civil penalties in citizen suits and to allow suits for past violations if there evidence that the alleged violation has been repeated. The second amendment takes effect two years after enactment. Subject: Citizen-suit penalty fund. New Subsection 304(g)(l) creates a special fund in the U.S. Treasury into which citizen-suit penalties would be deposited. The fund is authorized to be appropriated for use by the Administrator in air compliance and enforcement activities. ------- - 10 - Subject: Citizen-suit beneficial mitigation projects. New Subsection 304(g)(2) authorizes the court, in lieu of putting penalties in the "special fund," to apply penalties up to $100,000 to "beneficial mitigation projects" consistent with the Act. The court must obtain the view of the Administrator in such a case. Subject: Binding effect of citizen-suit judgment. Amended Subsection 304(c)(2) confirms that the U.S. is not bound by a citizen enforcement action to which it is not a party and that the EPA Administrator may intervene in such actions at any time. Subject: Citizen-suit pleadings. New Subsection 304(c)(3) requires that copies of citizen complaints and proposed settlements be served on the EPA Administrator and the Attorney General. Subject: Citizen-suit consent judgments. New Subsection 304(c)(3) provides that no consent judgment may be entered in a citizen suit unless the government is given 45 days notice during which the government may comment or intervene. Subject: Citizen suits against the U.S. for unreasonable delay. Amends Subsection 304(a) to authorize citizen suits in U.S. district courts to compel Agency action for the unreasonable delay of any nondiscretionary act or duty. Notice must be given to the EPA Administrator and the Attorney General 180 days before commencing such an action. Subject: Citizen suits against the U.S. for deferral of action. Amends Subsection 307(b)(2) to authorize citizen suits in an appropriate U.S. court of appeals where a final decision by the Administrator defers performance of any nondiscretionary statutory action. ------- - 11 - Section 708 Subject: Enhanced implementation and enforcement of new source review requirements. Amends Section 167 to clarify and confirm that the "modification" as well as the construction of major sources not meeting new source review may be prohibited. Section 709 Subject: Movable stationary sources. New Subsection 302 (z) defines "stationary source" to include any source of air pollution except emissions resulting directly from an internal combustion engine for transportation purposes or from a nonroad engine or nonroad vehicle as defined in Section 216. This clarifies that emissions from movable stationary sources are subject to the Act's stationary source requirements. Section 710 Subject: Section 120 enforcement of new Titles of the Act. Amends parts of Section 120 (which requires recovery of economic benefit of noncompliance) to cover violations of Sections 167 and 303 and Titles IV, V, or VI. Section 711 Subject: Savings provision and effective dates. Preserves enforcement actions begun prior to enactment and generally makes the changes to the Act prospective. ------- TITLE VIII MISCELLANEOUS PROVISIONS \ ------- TABLE OF CONTENTS Page 1. Outer Continental Shelf (OCS) Air Pollution 1 2. Grants for Support of Air Pollution Planning and Control Programs . 1 3. Annual Report Repeal 2 4. Emission Factors 2 5. Land Use Authority 2 6. Hydrogen Fuel Cell Vehicle Study and Test Program 2 7. Renewable Energy and Energy Conservation Incentives 3 8. Clean Air Study of Southwestern New Mexico 3 9. Impact on Small Communities 3 10. Equivalent Air Quality Controls Among Trading Nations 3 11. Analyses of Costs and Benefits 4 12. Combustion of Contaminated Used Oil in Ships 5 13. American Made Products 5 14. Establishing of Program to Monitor and Improve Air Quality in Regions Along the Border Between the U.S. and Mexico 5 15. Visibility 6 16. Role of Secondary NAAQS 7 17. International Border Areas 7 18. Exemptions for Stripper Wells 7 19. Magnetic Levitation 7 20. Information Gathering on Greenhouse Gases Contributing to Global Climate Change 7 21. Authorization of Appropriations 8 ------- 1. OUTER CONTINENTAL SHELF COGS) AIR POLLUTION 1.1 Offshore of the States Along the Pacific. Arctic and Atlantic Coasts and Along the U.S. Gulf Coast off the State of Florida Within 12 months, EPA (following consultation with the Secretary of the Interior and the Commandant of the U.S. Coast Guard) will establish requirements (including emissions controls, emission limitations, offsets, permitting, monitoring, testing and reporting) to control air pollution from DCS sources to attain and maintain federal and state ambient air quality standards and comply with Prevention of Significant Deterioration provisions. New OCS sources shall comply with such requirements on the date of promulgation and existing OCS sources shall comply 24 months thereafter. EPA may exempt an OCS source from a specific requirement based on technology infeasibility or an unreasonable threat to health and safety; however, EPA shall ensure that any increase in emissions due to the granting of an exemption is offset by reductions in actual emissions from the same source or other sources in the area or in the correspond- ing onshore area. A State adjacent to an OCS source may promulgate regulations to imple- ment and enforce the requirements of this subsection. If EPA finds that the State regulations are adequate, EPA may delegate to that State authority to implement and enforce such requirements. An OCS source includes platform and drill ship exploration, construc- tion, development, production, processing and transportation. Emissions from any vessel servicing or associated with an OCS source, including emissions while at the OCS source or enroute to or from the OCS source within 25 miles of the OCS source, shall be considered direct emissions from the OCS source. 1.2 U.S. Gulf Coast Adjacent to Texas. Louisiana. Mississippi and Alabama Within 3 years, the Secretary of the Interior will complete a research study examining the impacts of emissions from OCS activities in areas that fail to meet NAAQS for either ozone or N02. 2. GRANTS FOR SUPPORT OF AIR POLLUTION PLANNING AND CONTROL PROGRAMS Changes the Federal contribution level for grants to air pollution control agencies: from up to 2/3 of the cost of planning, developing, establishing or improving programs and from up to 1/2 of the cost of maintaining -1- ------- programs to up to 3/5 of the cost of implementing (planning, developing, establishing, carrying-out, improving or maintaining) programs for the prevention and control of air pollution or implementation of national primary and secondary ambient air quality standards. The air pollution control agency has 3 years after enactment in which to contribute the required 2/5 minimum. If it fails to meet and maintain this required level, EPA shall reduce the Federal contribution accordingly. Changes the Federal contribution level for any agency that develops implementation plans for any interstate air quality control region: from up to 3/4 of the air quality planning program costs to up to 3/5 of the air quality implementation program costs. 3. ANNUAL REPORT REPEAL Repeal of an annual report to Congress requirement (CAA Section 313) on such topics as automotive exhaust emissions, air quality criteria, enforcement, State ambient air standards, monitoring systems, control techniques, etc. 4. EMISSION FACTORS Within 6 months, and every 3 years thereafter, EPA will review and, if necessary, revise or establish emissions factors for CO, VOC and NOX from all types of sources (stationary, mobile and area). LAND USE AUTHORITY "Nothing in this Act constitutes an infringement on the existing authority of counties and cities to plan or control land use, and nothing in this Act provides or transfers authority over such land use." 6. HYDROGEN FUEL CELL VEHICLE STUDY AND TEST PROGRAM EPA (in conjunction with NASA and the Department of Energy) shall conduct a study and test program on the development of a hydrogen fuel cell electric vehicle. The study and test program shall determine how best to transfer existing NASA hydrogen fuel cell technology into the form of a mass-producible, cost effective hydrogen fuel cell vehicle. Such study and test program shall include at a minimum a feasibility- design study, the construction of a prototype, and a demonstration. This study and test program should be completed and a report submitted to Congress within 3 years. This study and test program should be -2- ------- performed In the university or universities which are best exhibiting the facilities and expertise to develop such a fuel cell vehicle. 7. RENEWABLE ENERGY AND ENERGY CONSERVATION INCENTIVES Renewable energy means energy from photovoltaic, solar thermal, wind, geothermal and biomass energy production technologies. Rate Incentives Study. Within 18 months, the Federal Energy Regulatory Commission (FERC), in consultation with EPA, shall complete a. study which calculates the net environmental benefits of renewable energy, compared to nonrenewable energy, and assigns numerical values to them. The study shall include environmental impacts on air, water, land use, water use, human health and waste disposal. FERC shall prepare one or more models for incorporating the net environ- mental benefits into the regulatory treatment of renewable energy in order to provide economic compensation for those benefits. Within 2 years, FERC shall transmit the study and model regulations in a report to Congress. 8. CT.ir.fN ATR STUDY OF SOUTHWESTERN NEW MEXICO EPA shall conduct a study of the causes of the degraded visibility in southwestern New Mexico; no due date specified. 9. IMPACT ON SMALL COMMUNITIES "Before implementing a provision of this Act, the Administrator of the EPA shall consult with the Small Communities Coordinator of the Environ- mental Protection Agency to determine the impact of such provision on small communities, including the estimated cost of compliance with such provision. " 10. EWPAIJMT AIR QUALITY CONTROLS AMONG TRADING NATIONS The President will submit an interim progress report in 9 months and a report in 18 months to Congress identifying and evaluating the economic effects of the significant air quality standards and controls required under this Act and the differences between the significant standards and controls required under this Act and similar standards and controls adopted and enforced by major trading partners of the U.S. on the international competiveness of U.S. manufacturers. It will examine the extent to which the significant air quality standards and controls -3- ------- required under this Act are comparable to existing internationally- agreed norms. This report will include a strategy for addressing such economic effects through trade consultations and negotiations and recommended options (such as the harmonization of standards and trade adjustment measures) for reducing or eliminating competitive disadvantages caused by differences in standards and controls between the U.S. and each of its major trading partners. 11. ANALYSES OF COSTS AND BENEFITS 11.1 Economic Impact Analyses Within 6 months, EPA (in consultation with the Secretary of Commerce and the Secretary of Labor) shall appoint an Advisory Council on Clean Air Compliance Analysis of not less than 9 members. EPA (in consultation with the Secretary of Commerce, the Secretary of Labor and the Council on Clean Air Compliance Analysis) shall conduct a comprehensive analysis of the impact of this Act on the public health, economy and environment of the U.S. It should consider the costs, benefits and other effects. In describing the costs of a standard, EPA shall consider the effects on employment, productivity, cost of living, economic growth and the overall economy of the U.S. Within 12 months, EPA (in consultation with the Secretary of Commerce, the Secretary of Labor and the Council on Clean Air Compliance Analysis) shall submit a report to Congress which reports all costs incurred previous to the date of enactment of the CAAA of 1990 in the effort to comply with such standards and all benefits that have accrued to the U.S. as a result of such costs. Within 2 years (and every 2 years thereafter), EPA (in consultation with the Secretary of Labor and the Council on Clean Air Compliance Analysis) shall submit a report to Congress that updates the first report and, in addition, makes projections into the future regarding expected costs, benefits, and other effects of compliance with standards pursuant to this Act. 11.2 GAP Reports on Costs and Benefits Commencing on the second year after enactment of the CAAA of 1990 (and annually thereafter), GAO (in consultation with other agencies, such as EPA, the Department of Labor, the Department of Commence, the U.S. Trade Representative, the National Academy of Sciences, OTA, the National Academy of Engineering, CEQ and the Surgeon Geneva!) shall report to Congress on the incremental human health and environmental benefits, and -4- ------- incremental costs beyond current clean air requirements of the new control strategies and technologies required by this Act. It shall include an analysis of the actual emissions reductions beyond existing practice, the effects on human life, human health, and the environment (including both positive impacts and those that may be detrimental to jobs and communities resulting from loss of employers and employment), the energy security impacts and the effect on U.S. products and industrial competitiveness in national and international markets. 12. COMBUSTION OF CONTAMINATED USED OIL IN SHIPS Within 2 years, EPA (in consultation with the Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating) shall submit a report to Congress evaluating the health and environ- mental impacts of the combustion of contaminated used oil in ships, the reasons for using such oil for such purposes, the alternatives to such use and the costs of such alternatives. 13. AMERICAN MADE PRODUCTS It is the sense of the Congress that -- (1) existing equipment and machinery retrofitted to comply with the Clean Air Act's Best Available Control Technology language and all other specifications within the Act be produced in the United States and purchased from American manufacturers. (2) The construction of new industrial and utility facilities comply to the Act's specifications through the incorporation of American made equipment and technology. (3) Individuals, groups, and organizations in the public sector strive to purchase and produce American made products that improve our nation's air quality. 14. ESTABLISHMENT OF PROGRAM TO MONITOR AND IMPROVE AIR QUALITY IN REGIONS ALONG THE BORDER BETWEEN THE U.S. AND MEXICO In cooperation with the Department of State and the affected States, EPA is authorized to negotiate a monitoring and remediation program (not to extend beyond July 1, 1995) with representatives of Mexico. EPA shall file annual reports to Congress each year that the program is in operation, on the progress of the program in bringing nonattain- ment areas along the border of the U.S. into attainment with primary and secondary NAAQS. EPA may provide direct U.J5. financial assistance to implement monitoring and remediation programs in Mexico. -5- ------- 15. VISIBILITY 15.1 Studies EPA (in conjunction with the National -Park Service and other appropriate Federal agencies) shall conduct research over a 5-year period to conduct research to identify and evaluate sources and source regions of both visibility impairments and regions that provide predominantly clean air in class 1 areas. EPA shall produce interim findings from this study within 3 years. Within 2 years, EPA shall assess the progress and improvements in visibility in class I areas that are likely to result from the implemen- tation of provisions of the CAM of 1990 and report to Congress. Every 5 years thereafter, EPA shall conduct on assessment of the actual progress and improvement in visibility in class I areas. 15.2 Transport Regions and Commissions Whenever, upon the Administrator's motion or by petition from the Governors of at least two affected States, the Administrator has reason to believe that- the current or projected interstate transport of air pollutants from one or more States contributes significantly to visibility impairment in class I areas located in the affected States, EPA may establish a transport region for such pollutants that includes such States. Whenever EPA establishes a transport region, it will establish a transport commission comprised of (as a minimum): - the Governor of each State in the Visibility Transport Region (or the Governor's designee), - the Administrator (or the Administrator's designee) - and a representative of each Federal agency charged with the direct management of each class I area or areas within the Visibility Transport Region. All representatives of the Federal government shall be ex office members. A Visibility Transport Commission shall, within 4 years of establish- ment, issue a report to the Administrator recommending what measures, if any, should be taken under the CAA to remedy such adverse impacts. Within 18 months of receipt or this report, EPA shall carry out its regulatory responsibilities. Any regulations promulgated shall require affected States to revise within 12 months their implementation plans. Within 1 year, EPA shall establish a visibility transport commission for the region affecting the visibility of the Grand Canyon National Park. -6- ------- 16. ROLE OF SECONDARY NAAQS Within 3 years, EPA will submit to Congress a report from the National Academy of Sciences on the role of secondary NAAQS in protecting welfare and the environment. 17. INTERNATIONAL BORDER AREAS EPA shall approve implementation plans and revisions if the submitting State establishes to the satisfaction of the Administrator that the implementation plan of such State would be adequate to attain and maintain the relevant NAAQS but for emissions emanating from outside the U.S. Ozone, CO and PM-10 nonattainment reclassifications and attainment dates are not applicable if the State establishes to the satisfaction of the Administrator that such State has attained the NAAQS but for emissions emanating from outside the U.S. 18. EXEMPTIONS FOR STRIPPER WELLS Ozone, CO, PM-10, S02, N02 and lead nonattainment provisions shall not apply with respect to the production of and equipment used in the exploration, production, development, storage or processing of oil from stripper well property or stripper well natural gas except to the extent provisions cover Serious nonattainment areas having a population of 350,000 or more or cover Severe or Extreme nonattainment areas. 19. MAGNETIC LEVITATION Within 6 months, EPA shall submit to Congress and the President a report of EPA's activities under any agreement with the Department of Transpor- tation entered into prior to the date of enactment of the CAAA of 1990 providing for an analysis of the health and environmental aspects of magnetic levitation technology. 20. INFORMATION GATHERING ON GREENHOUSE GASES CONTRIBUTING TO GLOBAL CLIMATE CHANGE Within 18 months, EPA shall promulgate regulations to require that all sources subject to the acid rain title monitor their C02 emissions on an annual basis. The installation of continuous emissions monitors for C02 is not required. Fuel sampling coupled with unit operating data can be used. EPA will make aggregate annual data available to the public. -7- ------- 21. AUTHORIZATION OF APPROPRIATIONS There are authorized to be appropriated not more than $50 million for EPA to make grants to the States for nonattainment planning purposes in fiscal year 1991 and not more than $15 million for each of the 7 fiscal years commencing after enactment of the CAAA of 1990 to make grants to the States to prepare nonattainment implementation plans. -8- ------- TITLE IX CLEAN AIR RESEARCH \ ------- TABLE OF CONTENTS Page 1. Air Pollution Monitoring, Analysis, Modeling, and Inventory Research 1 2. Environmental Health Effects Research 1 3. Ecosystem Research 2 4. Liquefied Gaseous Fuels Spill Test Facility 3 5. Pollution Prevention and Emissions Control 3 6. NIEHS Studies 3 7. Coordination of Research 4 8. Continuation of the National Acid Precipitation Assessment Program 4 9. Clean Alternative Fuels 5 10. Assessment of International Air Pollution Control Technologies . . 5 11. Adirondack Effects Assessment 5 12. Western States Acid Deposition Research 5 ------- 1. AIR POLLUTION MONITORING. ANALYSIS. MODELING AND INVENTORY RESEARCH EPA shall conduct a program of research, testing and development of methods for sampling, measurement, monitoring, analysis and modeling of air pollutants. It shall include: - consideration of individual, as well as complex mixtures of, air pollutants and their chemical transformations in the atmosphere. - establishment of a national network to monitor, collect, and compile data with quantification of certainty in the status and trends of air emissions, deposition, air quality, surface water quality, forest condition, and visibility impairment, and to ensure the comparability of air quality data collected in different States and obtained from different nations. - development of improved monitoring and modeling techniques, methods and technologies to increase understanding of the sources of ozone precursors, ozone formation, ozone transport, regional influences on urban ozone, regional ozone trends, and interactions of ozone with other pollutants. Emphasis shall be placed on those techniques which -- improve the ability to inventory emissions of VOC and NOX that contribute to urban air pollution, including anthropogenic and natural sources. -- improve the understanding of the mechanism through which anthropogenic and biogenic VOC react to form ozone and other oxidants. -- improve the ability to identify and evaluate region-specific prevention and control options for ozone pollution. EPA shall submit reports to Congress at least once every 5 years which evaluate and assess the effectiveness of air pollution control regula- tions and programs using monitoring and modeling data obtained pursuant to this subsection. 2. ENVIRONMENTAL HEALTH EFFECTS RESEARCH In consultation with the Secretary of Health and Human Services, EPA shall conduct a research program on the short-term and long-term effects of air pollutants, including wood smoke, on human health. The program shall include epidemiological, clinical, laboratory and field studies as necessary. -1- ------- In conducting this research program, EPA shall develop health risk assessment methods and techniques for both routine and accidental exposures to individual air pollutants and combinations thereof. This research program shall include the following elements: - EPA shall create and chair an Interagency Task Force to coordinate the research program. It shall convene its first meeting in 60 days and include representatives of the National Institute for Environ- mental Health Sciences, EPA, the Agency for Toxic Substances and Disease Registry, the National Toxicology Program, the National Institute of Standards and Technology, the National Science Founda- tion, the Surgeon General and the Department of Energy. - Within 12 months, EPA will evaluate the hazardous air pollutants to decide their relative priority for preparing environmental health assessments for each of the initial hazardous air pollutants established by Congress. The evaluation shall be based on reasonably anticipated toxicity to humans and exposure factors such as frequency of occurrence as an air pollutant and volume of emissions in populated areas. - EPA will prepare environmental health assessments, beginning 6 months after the first meeting of the Interagency Task Force and to be completed 96 months thereafter. No fewer than 24 assessments shall be completed and published annually. They shall include: --an examination, summary and evaluation of available toxicological and epidemiological information for the pollutant to ascertain the levels of human exposure which pose a significant threat to human health and the associated acute, subacute, and chronic adverse health effects. --a determination of gaps in available information related to human health effects and exposure levels. where appropriate, an identification of additional activities, including toxicological and inhalation testing, needed to identify the types or levels of exposure which may present a significant risk of adverse health effects in humans. 3. ECOSYSTEM RESEARCH EPA (in cooperation, where appropriate, with the Under Secretary of Commerce for Oceans and Atmosphere, the Director of the Fish and Wildlife Service and the Secretary of Agriculture) shall conduct a research program to improve understanding of the short-term and long- terra causes, effects and trends of ecosystems damage from air pollutants on ecosystems. This program shall include: -2- ------- - identification of regionally representative and critical ecosystems for research, - evaluation of risks to ecosystems exposed to air pollutants, - development of improved atmospheric dispersion models, monitoring systems and networks, - evaluation of the effects on terrestrial and aquatic systems, biological diversity, materials, crops, soils and water quality, - estimation of the associated economic costs of ecological damage which have occurred as a result of exposure to air pollution. 4. LIQUEFIED GASEOUS FUELS SPILL TEST FACILITY EPA (in consultation with the Secretary of Energy and the Federal Coordinating Council for Science, Engineering and Technology) shall oversee an experimental and analytical research effort. In consultation with the Secretary of Energy, EPA shall develop a list of chemicals and a schedule for field testing at the Liquefied Gaseous Fuels Spill Test Facility. Analysis of a minimum of 10 chemical per year shall be carried out, with a minimum of 2 chemicals for field testing each year. Highest priority is to be given to those chemicals that would present the greatest potential risk to human health as a result of an accidental release. The purpose of the research is to better understand atmospheric dispersion and to evaluate the effective- ness of hazard mitigation and emergency response technology. The Department of Energy is authorized to be appropriated $3 million for fiscal year 1991 and such sums as may be necessary for each fiscal year thereafter to carry out the field testing at the facility. The Department of Energy is authorized to enter into contracts and coopera- tive agreements with, and grants to nonprofit entities affiliated with the University of Nevada and the University of Wyoming. 5. POLLUTION PREVENTION AND EMISSIONS CONTROL EPA shall conduct a basic engineering research and technology program to develop, evaluate and demonstrate nonregulatory strategies and technologies for air pollution prevention. 6. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES (NIEHS) STUDIES The Director of NIEHS may conduct a program of basic research to identify, characterize, and quantify risks to human health from air pollutants. Such research shall be conducted primarily through a -3- ------- combination of university and medical school-based grants, as well as through intramural studies and contracts. There are authorized to be appropriated to NIEHS such sums as may be necessary to carry out the purposes of this subsection. The Director of NIEHS shall conduct a program for the education and training of physicians in environmental health. The Director of NIEHS shall assure that such programs shall not conflict with research undertaken by the Administrator. 7. COORDINATION OF RESEARCH Within 6 months, EPA shall develop a plan to submit to Congress that identifies areas in which R&D activities can be carried out in conjunction with other Federal ecological and air pollution research efforts. In 2 years (and every 4 years thereafter), EPA shall report to Congress on the progress made in implementing this plan and shall include any revisions to this plan. 8. CONTINUATION OF THE NATIONAL ACID PRECIPITATION ASSESSMENT PROGRAM The acid precipitation research program set forth in the Acid Precipi- tation Act of 1980 shall be continued with modifications. Within 30 days, the President shall appoint a chairman for the Acid Precipitation Task Force. The Task Force shall consist of EPA, DOE, DOI, USDA, NOAA, NASA and such additional members as the President may select. Within 6 months, the Task Force will submit to Congress a plan that identifies significant research gaps and establishes a coordinated program to address current and future research priorities. The plan shall be available for public comment during the 60 day period after its submission, and a final plan shall be submitted by the President to Congress within 45 days after the close of the comment period. The Task Force will coordinate with participating Federal agencies and sponsor additional research and publish and maintain a National Acid Lakes Registry. Beginning in 1992 and biennially thereafter, the Task Force will submit a report to Congress describing the results of its investigations and analyses. -4- ------- 9. CLEAN ALTERNATIVE FUELS EPA shall conduct a research program to identify, characterize and predict air emissions related to the production, distribution, storage and use of clean alternative fuels to determine the risks and benefits to human health and the environment relative to those from using conventional gasoline and diesel fuels. 10. ASSESSMENT OF INTERNATIONAL AIR POLLUTION CONTROL TECHNOLOGIES Within 2 years, EPA shall submit a report, to Congress on the results of a study that compares international air pollution control technologies of selected industrialized countries to determine if there exists air pollution control technologies in countries outside of the U.S. that may have beneficial applications to this Nation's air pollution control efforts. The study shall include the topics of urban air quality, motor vehicle emissions, toxic air emissions and acid deposition. 11. ADIRONDACK EFFECTS ASSESSMENT EPA shall establish a $6 million research program at a specific university to study the effects of acid deposition on waters where acid deposition has been most acute. 12. WESTERN STATES ACID DEPOSITION RESEARCH EPA shall sponsor monitoring and research and submit to Congress annual and periodic assessment reports on the occurrence and effects of: - acid deposition on surface waters located in the U.S. and west of the Mississippi River and - acid deposition on high elevation ecosystems (including forests and surface waters) and - episodic acidification, particularly on high elevation watersheds. -5- ------- TITLE X DISADVANTAGED BUSINESS CONCERNS JBBj $ UJ o T ------- EPA, to the extent practicable, shall require that not less than 10 percent of total Federal funds for any EPA-funded research relating to the requirements of the amendments made by the CAAA of 1990 will be made available to disadvantaged business concerns. Disadvantaged business concerns are at least 51 percent owned and controlled by Black Americans, Hispanic Americans, Native Americans, Asian Americans, Women and Disabled Americans. Disadvantaged business concerns also include historically black colleges and universities and universities having a student body in which 40 percent of the students are Hispanic. -1- ------- TITLE XI CLEAN AIR EMPLOYMENT TRANSITION AND ASSISTANCE *t nod ------- Title XI of the CAAA of 1990 amends the Job Training Partnership Act, not the Clean Air Act. The Secretary of Labor may make grants to States, substate grantees, employers, employer associations, and representatives of employees to provide training, adjustment assistance, employment services and needs- related payments to individuals adversely affected by compliance with the CAA. Adjustment assistance includes a job search allowance and relocation allowance. Needs-related payments enable individuals to complete training or education programs when the individuals do not qualify or have ceased to qualify for unemployment compensation. Within 180 days, the Secretary of Labor shall prescribe regulations to carry out this program. $50 million is appropriated for fiscal year 1991. Within 4 years, GAO will submit a report to Congress on the effects on employment that are attributable to compliance with the provisions of the CAA. -1- ------- XJ.S.-Envirohmen;-.: >;^; :ticn Region 5, Libra;-; < 77 West Jack--; .- Chicago, IL 6JC- ------- ------- |