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
           1        \

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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.
                                      -2-

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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
                                      -3-

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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.
                                      -4-

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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.
                                      -5-

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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,
                                     -11-

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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.
                                     -12-

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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.
                                      -17-

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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).
                                     -18-

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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.
                                     -21-

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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.
                                     -22-

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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.
                                     -26-

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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.
                                      -1-

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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
                                      -2-

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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.
                                      -3-

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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.
                                      -4-

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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.
                                      -5-

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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.
                                      -6-

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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.
                                      -7-

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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
                                      -8-

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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
                                      -9-

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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.
                                     -10-

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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.
                                     -11-

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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.
                                     -12-

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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.
                               -13-

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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
                                     -14-

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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.
                                     -19-

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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).
                                     -20-

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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
                                     -21-

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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)
                                     -23-

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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
                                      -24-

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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.
                                      -25-

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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
                                     -26-

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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
                                     -27-

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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


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                               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

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                              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

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                              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
                                      -2-

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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.
                                      -3-

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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
                                      -4-

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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
                                      -6-

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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.
                                      -8-

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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.
                                      -9-

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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
                                     -10-

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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.
                                      -32-

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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.
                                      -33-

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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.
                                      -34-

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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.
                                      -35-

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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.
                                      •36-

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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
                                     -37-

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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.
                                      -38-

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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

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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:

                                12

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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).
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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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                              - 3 -
Accelerated Reduction
Schedule
Exchange
refrigerant  in  appliances  manufactured
prior  to  January 1,  2020.    Production
frozen January  1,  2015  and phased  out
January 1, 2030.  Administrator authorized
to grant  .limited exceptions  consistent
with the Montreal protocol.  EPA to issue
regulations by December 31,  1999.

Administrator to promulgate  regulations
for an accelerated phase-out of Class  I
or Class  II substances if he determines,
based on credible scientific information,
that  acceleration  may  be necessary  to
protect human health and environment; if
available substitutes make it practicable;
or if  the Montreal  Protocol  is modified
to require faster reductions. Persons may
petition  for an accelerated schedule and
EPA must  grant or deny such petitions in
180 days.

A  company  may  produce or  import  a
different  mix  of  substances  than  it
produced  or imported in baseline year, or
may   trade   production  or   consumption
allowances with another company,  if the
change in mix on  the  trade  results in
greater   total   reductions    for   each
substance   than  would  otherwise   be
achieved.   EPA to issue regulation within
10 months of enactment.
Use, Recycling and
Disposal
Lowest achievable level of use and
emissions,  maximum  recycling,  and safe
disposal of Class I substances used as a
refrigerant required as of July 1, 1992.
Regulations due by January 1, 1992.  EPA
to similarly  regulate  all other uses of
Class  I  substances  and  all Class  II
substances within 4 years of  enactment.

Venting of Class I and Class II substances
during  the   servicing  or  disposal  of
refrigeration equipment is prohibited as
of July 1,  1992.
Mobile Air
Conditioning
Recycling of Class  I or  Class  II
substances  used  in  motor  vehicle  air
conditioning  required as  of  January 1,

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                              -  4  -
                         1992  (for  shops servicing fewer than 100
                         vehicles,  January  1,   1993).  Recycling
                         equipment and operators must be certified.
                         Regulations   due   within  one  year  of
                         enactment.   Sale  of small containers of
                         Class  I  or Class  II substances except to
                         certified mechanics banned within 2 years.
Nonessential
Products
CFC-containing party streamers,  noise
horns,  cleaning fluids for noncommercial
photo and electronic equipment and other
consumer products deemed nonessential  by
the Administrator banned  within  2 years
of enactment.   Regulations due within one
year of enactment.

Effective  January   1,   1994,   aerosols
containing  HCFCs  and/or  plastic  foam
products  made  with  HCFCs  are  banned.
Exceptions may be granted  for  aerosols
found   essential   as   a   result   of
flammability or  worker  safety concerns.
Foam insulation and  rigid  foams necessary
to meet auto safety standards also exempt.
Labeling
Safe Alternatives
Containers  that  contain Class  I  and II
substances and products containing Class
I substances to be labelled beginning in
30  months  after  enactment.    Products
containing or manufactured with Class II
substances to be labelled after  30 months
from  enactment  if  Administrator finds,
after  public comment,   alternative  are
available  that   reduce  overall  risk to
human   health   and  the  environment.
Products made with Class I substances  must
be  labelled,  30 months  after enactment,
unless Administrator finds no alternatives
available.    Regulations due  within 18
months of enactment.  Effective 1/15/15,
all   products    containing   Class   II
substances, or manufactured with Class  I
or  II substances  must be labeled.

EPA   to   take    specified   actions  to
facilitate  and  encdurage development of
safe   substitutes.     Regulations   also
required  to make it unlawful to replace
any Class  I or  Class II  substance with  a

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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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                              - 2 -
Subject:  EPA findings of state failure to comply with new source
          requirements.

Amends Subsection 113(a)(5)  to authorize administrative penalty
orders under new Subsection 113(d)  and adds new Subsection
113(b)(3) to authorize civil judicial enforcement.


Subjact:  Civil penalties.

Amends Subsection 113(b) to clarify and confirm that the $25,000
statutory maximum civil penalties apply "per day for each
violation" [emphasis added].


Subject:  Criminal fines and imprisonment criteria.

Amends Subsection 113(c) to cross-reference 18 U.S.C., which
provides guidelines for fines based on maximum imprisonment,
rather than citing a specific statutory maximum fine, but does
not specify whether fines and/or imprisonment are  "per day  for
each violation."  Doubles maximum fines and imprisonment  for a
second conviction.
Subject:  Relationship of notices of violation to criminal
          enforcement.

Subsection 113(c)(l) retains an explicit 30-day notice
requirement for SIP criminal enforcement actions.


Subject:  Criminal substantive violations of the Act.

Amends Subsection 113(c)(l) to raise to a felony punishable  by a
fine and five years imprisonment any knowing violation  of  a  State
Implementation Plan, Sections 113(a),  lll(e),  112,  114,  129,
165(a), 167, or 303, 502(a) or 503(c); Title IV, Title  V or  Title
VI.

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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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                              - 5 -


reporting and recordkeeping violations).   Field citation
penalties may be issued by "officers or employees designated by
the Administrator" and may not exceed $5,000 "per day of
violation."

Implementation is contingent on the promulgation of regulations,
developed in consulation with the Attorney General, specifying
categories of violations, penalty schedules, and informal hearing
procedures.

Payment of a field citation penalty shall not be a defense to
further enforcement or penalty liability if the violation
continues.


Subject:  Administrative penalty authority — opportunity for
          judicial review.

New Subsection 113(d)(4) permits review in an appropriate U.S.
district court for administrative penalties imposed by issuance
of a penalty order (Subsection 113(d)(l)) or field citation
(Subsection 113(d)(3)).  Requires all review be sought within  30
days after the penalty order or citation assessment becomes
final.

Judicial review of penalty orders and field citations will be
review of evidence "in the record"  (not de novo).  No other
judicial review of penalty orders or field citations is allowed.


Subject:  Administrative penalty authority — enforcement.

New Subsection 113(d)(5) makes administrative penalty assessments
and final orders enforceable by suit brought by the Attorney
General in the appropriate U.S. District Court.  Expressly
precludes judicial review of the validity, amount, and
appropriateness of such assessments or orders.

Provides for 10 percent quarterly non-payment penalties and
recovery of enforcement expenses.


Subject:  Current Subsection 113(d).

Deletes this Subsection, which allowed states and  EPA to  grant
delayed compliance orders of SIP requirements past the  attainment
deadlines.

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                              -  6  -
Subject:  Current Subsection 113(e).


Deletes this Subsection,  which extended  compliance  deadlines  for
certain steel plants up to the end of 1985.


Subject:  Penalty assessment criteria.

New Subsection 113(e)(l)  explicitly identifies factors EPA or the
court shall consider in determining the  amount of any penalty
assessed under Subsection 113(d)  or Subsection 304(a)  (citizen
suit penalties).

Clarifies and confirms that "any credible evidence" can establish
the duration of a violation.
Subject:  Sufficient cause defense.

New Subsection 113(e)(l) expressly provides that no penalties
shall be assessed for noncompliance with administrative subpoenas
under Subsection 307(a)  or for violations of Section 114
(information requirements) where the violator has "sufficient
cause to violate or fail or refuse to comply with" such subpoena
or information requirement.


Subject:  Presumption of continuing violation.

New Subsection 113(e)(2) specifies that a penalty may be assessed
"for each day of violation."  In determining the number of days
for which a penalty may be assessed under Subsections 113(b)
(civil judicial enforcement), 113(d)(l)  (administrative penalty
orders), Section 304(a)  (citizen suits), or Section 120
(noncompliance penalty), where the government has notified the
source of the violation and makes a prima facie showing that the
violation is likely to have continued, a rebuttable presumption
arises that the days of violation are continuous until the
violator establishes that continuous compliance has been
achieved.  The violator has the burden of proving by a
preponderance of the evidence any intervening days of compliance.


Subject:  Monetary awards.

New Subsection 113(f)  authorizes, subject to  available
appropriations, the EPA Administrator to pay  awards of  up  to
$10,000 to individuals who provide information which  leads  to  a

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                              - 7 -
criminal conviction or judicial or administrative civil penalty
for violations of the Act.

Not eligible for any award is any officer or employee of the U.S.
or any state or local government who supplies information in the
performance of an official duty.


Subject:  Public participation in settlements.

New Subsection 113(g) requires the EPA Administrator to provide
30 days notice in the Federal Register and an opportunity for
nonparties to comment before a consent order or settlement (other
than enforcement actions under Sections 113, 120, or Title II,  or
judgments subject to DOJ policy on public participation) becomes
final or is filed with a court.  Requires the Administrator or
Attorney General, as appropriate, to consider any comments.


Subject:  Definition of "person" for criminal enforcement.

Except for knowing and willful violations, a new Subsection
113(h) restricts the definition of "person" for negligent
endangerment cases (Subsection 113(c)(4)) to exclude an employee
carrying out his "normal activities" and who is not "senior
management personnel or corporate officers."

Again except for knowing and willful violations, Subsection
113(h) restricts the definition of "person" for other offenses
under Subsection 113(c) to exclude an employee carrying out his
"normal activities and who is acting under orders from the
employer."


Subject:   Definition of "operator" for Sections 113 and  120.

New Subsection 113(h) defines "operator"  for purposes  of  sections
113 and 120 to include senior management  personnel or  a corporate
officer.  Except for knowing and willful  violations,  "operator"
excludes a "stationary engineer  [sic] or  technician  responsible
for the maintenance, repair, or monitoring  of  equipment and
facilities."
                           Section 702

Subject:  Compliance certification.

Amends Subsection 114(a) to clarify  and  confirm that EPA has the
authority to require enhanced monitoring and  submission of
compliance certifications and that EPA can  require such

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                              - 8 -
monitoring and compliance certifications by major  stationary
sources.  EPA's authority to require enhanced monitoring  and
compliance certifications is expanded to include any person "who
manufactures emission control equipment or process equipment,  who
the Administrator believes may have information necessary for  the
purposes set forth in this subsection."

Requires implementing regulations within two years.

                           Section 703

Subject:  Administrative enforcement subpoenas.

Amends Subsection 307(a) to give EPA express and broadened
authority to use administrative subpoenas for "any investigation,
monitoring, reporting requirement, entry, compliance inspection,
or administrative enforcement proceeding under the Act...."

This authority complements the additional administrative
enforcement mechanisms adopted in the CAA Amendments.


                           Section 704

Subject:  Emergency orders.

Amends Section 303 to authorize emergency orders to restrain
sources which cause imminent and substantial endangerment to
"public health or welfare, or the environment."  Limits duration
of emergency orders to 60 days unless an enforcement action is
brought, in which case orders remain in effect for an additional
14 days or such additional time as the court authorizes.

Deletes the requirement that the state has not "acted to abate"
such sources.

Requires consultation with state and local authorities to confirm
the accuracy of the information upon which any proposed  action is
based.
Subject:  Emergency order enforcement.

Deleted Subsection 303(b) which provided for civil penalties  of
$5,000 for each day of "willful" violation of an  emergency  order.
Emergency orders are now enforceable under Section 113  and
Section 120.  Thus, the maximum civil penalty*for violation of an
emergency order is raised to $25,000 per day of violation and the
requirement to prove willfulness in civil actions is  eliminated.

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                              - 9 -
New Subsection 113(c)(l) makes knowing violation of an emergency
order a felony punishable by a fine and five years imprisonment.

                           Section 705

Subject:  Contractor listings.

Amends Subsection 306(a) (which authorizes EPA Administrator to
exclude convicted persons from Federal contracts, grants,  or
loans) by giving the Administrator discretion to also exclude
"other facilities owned or operated by the convicted person."


Subject:  Types of criminal convictions giving rise to listing.

Amends Subsection 306(a) to expand the mandatory listing
requirement to persons convicted under any provision of
Subsection 113(c); previously limited to conviction under
Subsection I13(c)(l).


                           Section 706

Subject:  Judicial review pending reconsideration of regulation.

Amends Subsection 307(b) to clarify and confirm  that a petition
for agency reconsideration does not render agency action non-
final for purposes of judicial review and does not toll the  60-
day time period for seeking judicial review.


                           Section 707

Subject:  Citizen-suit civil penalties.

Amends Subsection 304(a) to authorize courts to  assess civil
penalties in citizen suits and to allow suits for past violations
if there evidence that the alleged violation has been repeated.
The second amendment takes effect two years after enactment.


Subject:  Citizen-suit penalty fund.

New Subsection 304(g)(l) creates a special  fund  in  the U.S.
Treasury into which citizen-suit penalties  would be deposited.
The fund is authorized to be appropriated for use  by the
Administrator in air compliance and enforcement  activities.

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                             - 10 -


Subject:  Citizen-suit beneficial mitigation projects.

New Subsection 304(g)(2)  authorizes  the court,  in lieu  of  putting
penalties in the "special fund,"  to  apply penalties up  to
$100,000 to "beneficial mitigation projects" consistent with the
Act.  The court must obtain the view of the Administrator  in such
a case.


Subject:  Binding effect of citizen-suit judgment.

Amended Subsection 304(c)(2) confirms that the U.S. is  not bound
by a citizen enforcement action to which it is not a party and
that the EPA Administrator may intervene in such actions at any
time.


Subject:  Citizen-suit pleadings.

New Subsection 304(c)(3)  requires that copies of citizen
complaints and proposed settlements  be served on the EPA
Administrator and the Attorney General.


Subject:  Citizen-suit consent judgments.

New Subsection 304(c)(3)  provides that no consent  judgment may be
entered in a citizen suit unless the government  is given  45 days
notice during which the government may comment or  intervene.


Subject:  Citizen suits against the U.S. for unreasonable delay.

Amends Subsection 304(a)  to authorize citizen suits  in U.S.
district courts to compel Agency action  for the  unreasonable
delay of any nondiscretionary act or duty.  Notice must be  given
to the EPA Administrator and the Attorney General  180  days  before
commencing such an action.


Subject:  Citizen suits against the U.S. for deferral  of  action.

Amends Subsection 307(b)(2) to authorize citizen suits in an
appropriate U.S. court of appeals where  a  final  decision  by the
Administrator defers performance of any  nondiscretionary
statutory action.

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                              -  11 -


                           Section 708

Subject:  Enhanced implementation and enforcement of new source
          review requirements.

Amends Section 167 to clarify and confirm that the "modification"
as well as the construction of major sources not meeting new
source review may be prohibited.


                           Section 709

Subject:  Movable stationary sources.

New Subsection 302 (z) defines "stationary source" to include any
source of air pollution except emissions resulting directly from
an internal combustion engine for transportation purposes or from
a nonroad engine or nonroad vehicle as defined in Section 216.
This clarifies that emissions from movable stationary sources are
subject to the Act's stationary source requirements.


                           Section 710

Subject:  Section 120 enforcement of new Titles of the Act.


Amends parts of Section 120 (which requires recovery of economic
benefit of noncompliance) to cover violations of Sections 167 and
303 and Titles IV, V, or VI.


                           Section 711

Subject:  Savings provision and effective dates.

Preserves enforcement actions begun prior to enactment  and
generally makes the changes to the Act prospective.

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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
                                      -1-

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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
                                      -2-

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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
                                      -3-

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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
                                      -4-

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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.
                                      -5-

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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.
                                      -6-

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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.
                                      -7-

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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.
                                      -8-

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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
                                      -3-

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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.
                                      -5-

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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.
                                      -1-

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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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