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
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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
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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
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TITLE I
OZONE, CARBON MONOXIDE AND PM - 10
NONATTAINMENT PROVISIONS
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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
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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
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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).
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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.
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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
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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.
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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.
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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.
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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.
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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:
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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.
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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.
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» 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,
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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-
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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.
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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.
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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.
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TITLE II
MOBILE SOURCE PROVISIONS
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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(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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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).
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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
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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).
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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)
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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TITLE IV
ACID DEPOSITION PROGRAM
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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
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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)
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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
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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
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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))
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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
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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
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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.
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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.
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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
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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
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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
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12
o Clean Coal Technologies Export Program
o Study of buffering and neutralizing agents
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TITLE V
PERMITS
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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
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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
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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.
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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
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(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.
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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
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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
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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
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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
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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).
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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
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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
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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:
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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
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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
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TITLE VI
STRATOSPHERIC OZONE PROTECTION
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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
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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.
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- 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
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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,
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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
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- 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.
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TITLE VII
ENFORCEMENT PROVISIONS
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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TITLE VIII
MISCELLANEOUS PROVISIONS
\
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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TITLE IX
CLEAN AIR RESEARCH
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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
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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.
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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:
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- 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
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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.
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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.
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TITLE X
DISADVANTAGED BUSINESS CONCERNS
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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.
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TITLE XI
CLEAN AIR EMPLOYMENT TRANSITION
AND ASSISTANCE
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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.
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XJ.S.-Envirohmen;-.: >;^; :ticn
Region 5, Libra;-; <
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Chicago, IL 6JC-
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