&EPA
United Slates
Environmental Protection
Agency
External Affairs
(A-102)
July 1989
Clean Air Act
Amendments Of 1989
Section-By-Section
Analysis
EPA
174/
1989*1
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SECTION-BY-SECTION ANALYSIS OF
THE "CLEAN AIR ACT AMENDMENTS OB' 1989"
July 20, 1989
Table of Contents
TITLE I—PROVISIONS FOR ATTAINMENT AND MAINTENANCE OF
AMBIENT AIR QUALITY STANDARDS 1
TITLE II—PROVISIONS RELATING TO MOBILE SOURCES 33
TITLE III—HAZARDOUS AIR POLLUTANTS 45
TITLE IV—PERMITS 52
TITLE V—ACID DEPOSITION CONTROL 56
TITLE VI—PROVISIONS RELATING TO ENFORCEMENT 60
TITLE VII—MISCELLANEOUS PROVISIONS 67
U.S. EPA Headquarters Library
Mail code 3201
1200 Pennsylvania Avenue NW
Washington DC 20460
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SECTION-BY-SECTION ANALYSIS OF
THE "CLEAN AIR ACT .AMENDMENTS OF 1989"
TITLE I—PROVISIONS FOR ATTAINMENT AND MAINTENANCE OF
AMBIENT AIR QUALITY STANDARDS
Section 101. General Planning Requirements.
SECTION 101(a)(1)
Section 101 of the bill substantially amends section 110 of
the CAA. Section I0l(a)(l) of the bill replaces current CAA
sections H0(a)(l) through 110(a)(3)(A) with new CAA sections
110(a>-(h). Section 110 is overhauled to set out a scheme,
generally in chronological order, for State and EPA action
following promulgation of new or revised national ambient air
quality standards ("NAAQS"), which includes designating areas
attainment, nonattainment, or unclassifiable.
CAA Section 110(a)—Initial Plan Elements
After promulgating a new or revised NAAQS, EPA may require
any State to submit an initial plan or plan revision that meets
any of the requirements of subsection lio(d) (discussed below).
These requirements include authority to gather information
concerning air quality, which would facilitate the designation
process under subsection 110(b) (discussed below).
CAA Section 110(b)—Designations
This subsection sets out the provisions concerning
designations, replacing the current CAA section 107(d).
Paragraph (1)—Designations Generally:
After EPA promulgates a new or revised NAAQS, each State is
required to designate each area within the State as nonattainment,
attainment, or unclassifiable (I.e., inadequate information to
determine whether attainment or nonattainment) for the new or
revised NAAQS. At any other time, a State may designate any area
of the State as nonattainment, attainment, or unclassifiable for
any standard.
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The State must submit the designations to EPA, which must
promulgate them, making any modifications that EPA deems
appropriate. If EPA intends to make a modification, it must so
inform the State prior to promulgating the designation, to give
the State an opportunity to respond.
After promulgating a new or revised NAAQS, EPA must promulgate
the designations for all areas of the country as expeditiously as
practicable, and no later than two years after the promulgation,
except that a one-year extension is available if EPA has
insufficient information to make the designation.
Areas that EPA has designated under the current CAA section
107(d) retain their current designation.
Paragraph (2)—Procedure:
To promulgate a designation or redesignation, EPA must publish
a notice in the Federal Register. In the case of initial
designations (including initial ozone, carbon, monoxide, and PM-10
designations required under the bill), this notice is not subject
to notice and comment, but remains subject to judicial review.
Paragraph (3)—Redesignation:
At any time, EPA may notify a State that a redesignation of
any area may be necessary. The State must submit any redesignation
that it considers necessary within 120 days. EPA must finalize the
redesignation within another 120 days, making any appropriate
modifications, after first giving the State an opportunity to
respond to those modifications.
A State may, on its own motion, redesignate an area and submit
the redesignation to EPA, EPA must then approve or deny the
redesignation. The mere submission of a redesignation by the
State, however, has no effect on the SIP requirements for the area.
EPA can redesignate a nonattainment area to attainment only
if (i) the area has attained the NAAQS; (ii) the area has a fully
approved plan; (iii) EPA determines that the improvement in the
air quality is due to permanent and enforceable reductions in
emissions due to implementation of the plan (and federal controls)
and other permanent reductions; (iv) the State has submitted, and
EPA has approved, a maintenance plan for the area; and (v) the area
has met all applicable requirements resulting from any "SIP call"
(as described below) (including any SIP call issued under new
section 110(e)(4)) to address the area's contribution to air
pollution problems in an interstate transport region under section
176) .
EPA may not
unclassifiable.
redesignate any nonattainment area as
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Paragraph (4)—New Designations for Ozone, Carbon Monoxide ("CO"},
and Particulate Matter ("PM-10"):
Within 120 days of the enactment of the bill, each State must
designate, affirm or reaffirm the designation of, or redesignate
all areas with respect to ozone and carbon monoxide. Each State
must submit the designations or redesignations to EPA, which must
promulgate them within another 120 days. EPA may modify the
State's designations or redesignations, after first giving the
States an opportunity to respond to any modifications the EPA
intends to make.
The bill provides specific requirements for PM-10
designations: areas identified at 52 Federal Register 29383 (Aug.
7, 1987) as Group I areas (except as modified by EPA prior to the
enactment of this bill), arid all areas that measured exceedance of
the PM-10 NAAQS, are designated nonattainment by operation of .law.
All other areas are designated unclassifiable for PM-10 until
redesignation.
The particulate matter designations made previously by EPA
under the particulate matter standards measured in terms of "total
suspended particulates" (EPA replaced these standards with the new
PM-10 standards in 1987) will remain in effect for a period of time
in order to implement the particulate matter prevention of
significant deterioration (PSD) "increments" (measured in terms of
total suspended particulates) under section 163 (d), which ir>
discussed below. These designations will remain In place until-EPA
determines that they are no longer necessary for that purpose.
Paragraph (5)—Designations for Lead:
EPA is authorized, at any time, to
designate any area with respect to lead.
require a State to
CAA Section 110(c)—Maintenance Plans
This subsection provides that EPA may, but is not obligated
to, require any area designated attainment or unclassifiable to
submit a "maintenance SIP" to assure that the standard is not
violated for the period EPA determines appropriate. At any time
(before or after the expiration of the period covered by the
initial maintenance plan), EPA may require a subsequent maintenance
plan or plans for additional periods. As determined appropriate
by EPA, these maintenance plans may include any of the provisions,
including emissions inventories, that are described under
subsection H0(d), below. States must submit the required
maintenance plans according to reasonable schedules prescribed by
EPA.
CAA Section 110(d)--Requirements for All
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Implementation Plan Submittals
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This subsection contains the basic requirements that SlPs must
meet, most of which parallel existing section 110(a)(2). First,
all SIPs or SIP revisions must be adopted by the State after
reasonable notice and public hearing. Beyond that, the
requirements listed in the paragraphs of this subsection (i) apply
in whole or in part, as determined by EPA, to initial SIPs required
by EPA after promulgating a new or revised NAAQS (as described
above under subsection 110(a)) and to maintenance SIPs (as
described above under subsection (c)); and
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out the SIP (including a statement from the attorney for the State,
local, or regional authority that the State or local laws provide
adequate authority) ; assure that the State complies with Clean Air
Act requirements concerning conflicts of interest for members of
State boards that approve permits or enforcement orders; and assure
that if the State has delegated to a local or regional agency
authority to implement the SIP, the State has retained ultimate
responsibility for implementation.
Paragraph (6):
The SIP must require (i) stationary sources, in accordance
with EPA's prescription, to take necessary steps to monitor
emissions, and (ii) the State to submit periodic reports concerning
such emissions as well as to correlate such reports with emissions
requirements. The SIP must also require the State to submit
reports on other emissions-related data, in accordance with EPA
prescription.
Paragraph {7) :
The SIP must provide authority, including contingency plans,
to restrict emissions of air pollutants that present an imminent
and substantial danger.
Paragraph (8):
The SIP must provide for revision of the plan as may be
necessary to take account of revisions in the NAAQS or improved
methods to attain the NAAQS, and to respond to findings by EPA that
the plan is substantially inadequate to attain the NAAQS (a "SIP
call"). However, the current provision that revisions to the plan
are not necessary with respect to exemptions specified under
section H0(j)(2) (formerly section 110(a)(3)(C)) (e.g., federal
facilities and temporary energy or economic authority) is
continued.
Paragraph (9):
The SIP must meet the requirements of the nonattainment
provisions of the Act (part D) , if the area is designated
nonattainment.
Paragraph (10):
The SIP must meet the requirements, to the extent applicable,
of the consultation provisions (section 121), the public
notification provisions (section 127), and the provisions related
to prevention of significant deterioration in air quality and
visibility (part C), of the Act.
Paragraph (11):
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The SIP must provide for air quality modeling as EPA may
prescribe, and submission of such data from such modeling to EPA,
upon request.
Paragraph (12):
The SIP must include provisions to require stationary sources
to pay permit fees to cover the costs of reviewing, acting on, and
implementing the permit (except for court costs or the costs of
enforcement action), except that those provisions may be superseded
by the expanded permit fees requirement under section 402(b)(3) of
new Title IV-of the Act (concerning permits).
CAA Section 110(e)—EPA Action on Plan Submissions
This subsection contains the requirements for EPA action on
SIP submissions, including timetables and the types of actions EPA
is authorized to take.
Paragraph (1)—Completeness of Plan Submissions:
EPA is required to promulgate minimum criteria for
completeness that all plan submissions (except initial SIP elements
submitted after promulgation of a new or revised NAAQS) must meet.
before EPA is obliged to approve or disapprove them. Within 60
days of EPA's receipt of a submission (but no later than 6 months
after the date the SIP was due) , EPA must determine whether the
submission meets those minimum criteria. If EPA determines that
the submission does not meet the minimum criteria for completeness,
the State is treated as having failed to make the submission, and,
in the case of submissions required by Part D (for nonattainment
areas) or in response to EPA's SIP calls, EPA must follow the
applicable provisions of sections 179 and 180 (concerning sanctions
and Federal Implementation Plans).
Paragraph (2)—Deadline for Action:
EPA must act on each complete submission within 12 months of
its submission, and also act on submissions not subject to the
completeness criteria within 12 months of submission.
Paragraph (3)—Full and Partial Approval and Disapproval:
This authorizes EPA to approve a submission in full,
disapprove it in full, or approve it in part and disapprove it in
part, depending on the extent to which it meets the requirements
of the Act.
Paragraph (4)—Calls for Plan Revisions ("SIP Calls"):
This authorizes EPA to' require a State to revise its plan
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whenever EPA finds that the plan is substantially inadequate to
attain or maintain the NAAQS for any area, to mitigate interstate
pol-lutant transport, or to otherwise comply with any requirement
of the Act. EPA may establish a schedule for the state's
submission of such a SIP revision. In addition, EPA may, in its
discretion, subject the State to the same requirements that applied
to the SIP for which EPA issued the finding, to establish
appropriate deadlines.
Paragraph (5)—Corrections:
This explicitly authorizes. EPA on its own motion to correct
any errors it may make in taking any action, such as issuing any
designation or classification, or approving or disapproving any
plan. • •
CAA Section 110(f)—Plan Revisions "
This subsection requires EPA to approve a SIP revision if,
but only if, the revision will not interfere with any requirement
of the Act (including any reasonable further progress or attainment
requirement).
CAA Section 110(g)—Sanctions and Federal Implementation Plans
EPA is authorized, but not obligated, to apply sanctions {the
types of which are set out in section 179, described below) or
promulgate a federal implementation plan if (i) the State has
failed to submit one or more of the elements required for a
nonattainment area; (ii) EPA disapproves such an element submitted
by the State; (iii) the State has failed to make any other required
submission (including a maintenance plan), or EPA has disapproved
such other required submission; or (iv) any requirement of an
approved plan is not being implemented. However, the highway
sanction applies only with respect to (i) and (ii) above. EPA may
apply a sanction or promulgate a federal implementation plan with
respect to any portion of the State determined appropriate. FIPs
are subject to further requirements under section 180.
CAA Section 110(h)—Savings Clauses
In making the transition from the requirements of the current
Clean Air Act to the requirements of the Clean Air Act as amended
by this bill, certain savings clauses, set out in this subsection
110(h), are appropriate:
Paragraph (1)—Plan Provisions under Existing Standards:
Currently approved plan provisions remain in effect, until
EPA approves a revision. If a State submits an original SIP for
an area not designated nonattainment, to provide for attainment of
a NAAQS in effect prior to these amendments (e.g., the lead NAAQS,
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for which there are no designations at all), that SIP must provide
for attainment within 3 years of submittal of the SIP. If a State
received a notification (under current section 110(a)(2)(H)(ii),
prior to the enactment of these amendments), that its SIP for an
area not designated nonattainment is substantially inadequate, then
a SIP revision submitted in response to that finding must provide
for attainment within 5 years of the finding of inadequacy.
Paragraph (2)—Retention of Construction Moratorium in Certain
Areas:
Any construction ban currently in place in any area (under
section H0(a)(2)(I)) due to failure to submit a new source review
permit program, or failure to submit an approvable SIP providing
for attainment or maintenance of the sulfur oxides NAAQS by
December 31, 1982, remains in place until EPA approves" a plan
correcting those deficiencies by meeting the requirements of new
section I72(c)(5) and subpart 5 of Part D, as applicable.
SECTION 101(a)(2) THROUGH (a)(11)
Numerous conforming, technical, clarifying, and other changes
are made to other subsections of CAA Section 110. Current CAA
Sections llO(a)(3)(B> through H0(j) are amended, revised, or
repealed, as follows:
Current CAA Section—
llO(a)(3)(B) (taking steps to
reduce fuel burning).
110(a)(3)(C) (exemptions from
SIP revision requirements).
110(a)(3)(D) {requirement that
ozone and CO extension area
plans meet basic transportation
needs).
110(a)(4)
-review of
sources).
110(a)(5)
review).
.(preconst ruction
the location of new
(indirect
source
110(a)(6) (supplemental or
intermittent control system).
Is Revised as Follows—
t
Redesignated as 110(j)(l), with
conforming changes.
Redesignated as I10(j)(2), with
conforming changes.
Repealed, because revised Part
D adequately addresses
transportation-related issues.
Repealed, because unnecessary
given requirements of Parts C
and D. •
Redesignated as 110(k),
conforming changes.
Redesignated as 110(1).
with
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110(b) {extension of period for
plan submission).
110(c)(l) (promulgation by EPA
of federal implementation plan) .
110(c)(2)(A) (study concerning
certain transportation control
measures).
110(c>(2)(B)
regulations)
(parking surcharge
c)(2)(C) (suspension of
regulations concerning ' parking
supply).
110(c)(2)(D) (definitions
relating to transportation
control measures).
110-(c) (2) (E) (requirement for
public ; hearing for. certain
provisions concerning
transportation management).
110(c)(3) (delegation by EPA to
local government of authority to
.implement federal plan).
llO(c)(4) (temporary suspension
of plan provisions concerning
retrofits, gas rationing, and
parking supply).
H0(c)(5) (bridge
related provisions).
toll and
110(d) (definition of applicable
implementation plan).
110(e) (two-year extension
time to attain the NAAQS).
of
110(f) (national or regional
emergencies).
Repealed, because new schedule
in section 110(e) is adequate
for these purposes.
Repealed and replaced by new
sections 110(g) and 180.
Repealed as deadwood.
Redesignated as 110(m)(l), with
conforming changes.
Repealed as deadwood.
Redesignated as I.10(m)(2), with
conforming changes.
Redesignate as 110(m)(3), with
conforming changes.
Redesignated as I10(m)(4), with
conforming changes.
Repealed as deadwood.
Redesignated as H0(m)(5), with
conforming changes.
Redefined as 110(n)(l), with
conforming changes.
Repealed because new attainment
dates adequately address
circumstances of the extension.
Redesignated as 110(o).
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110(g) (temporary
suspensions).
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emergency
110(h) (publication in
Federal Register of SIPs)
the
HO(i)
revisions)
(limits
on
SIP
110(j) {technological systems of
continuous emission reduction).
Redesignated as 110(p), with the
reference to four-month period
replaced by a reference to 12-
month period.
Redesignated as 110(q), periods
extended from annually to five
years after enactment of this
bill, and every three years
thereafter.
Redesignated as 110(r) ,
conforming changes.
Redesignated as llO(s).
with
SECTION 101(b)
This section of the bill amends Clean Air Act section 118, to
explicitly waive immunity for federal facilities from permit fees
charged by the States (or political subdivisions thereof) that meet
the requirements of section 402(b)(3) of Title IV or that are
reasonable service charges, as long as those fees or charges do not
discriminate in favor of State and local facilities.
SECTION 101(C)
This section of the bill amends Clean Air Act ectiori 123,
concerning stack heights. The bill amends section 123 to clarify
the definition of "dispersion technique" with respect to major
sources and the use of merged stacks, and to prescribe the GEP
("good engineering practice") formulas as the proper means for
establishing stack height credit for existing sources. The bill
would also prescribe that a major source seeking to demonstrate a
higher GEP stack height than formula height must meet the
applicable new source performance standard limits. New sources
would be excluded from coverage.
Section 102. General Provisions for Nonattainment Areas.
In general, this section of the bill amends Part D of the
Clean Air Act to include 5 subparts that (i) provide general
requirements for all nonattainment areas, (ii) specific
requirements for ozone nonattainment areas, (iii) specific
requirements for CO nonattainment areas, (iv) specific requirements
for PM-10 nonattainment areas, and (v) specific requirements for
sulfur oxides, nitrogen dioxide, and lead nonattainment areas.
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SECTION 102(a)(l) THROUGH (a)(2)
This section of the bill amends existing CAA section 171,
regarding definitions, and redesignates the section as CAA section
170. The definition of "reasonable further progress" is revised
to mean such annual incremental reductions as prescribed by the
Clean Air Act or EPA., The definition of "nonattainment area" is
revised to mean any area whose designation of nonattainment is
promulgated by .EPA.
'SECTION 102(a)(3)
This section of the bill adds a new CAA Section 171-—
Applicability. The generally applicable provisions of part D,
subpart 1 apply to all nonattainment areas, except as explicitly
provided otherwise under other subparts relating to specific
pollutants.
SECTION 102(b)
This section of the bill substantially amends existing CAA
Section 172—Nonattainment Plan Provisions in General.
CAA Section 172(a)—Classifications and Attainment Dates
Paragraph (1)—Initial Classification:
After promulgating designation of an area as nonattainment,
either soon after promulgating a new or revised NAAQS or at any
other time, EPA ,is authorized to classify nonattainment areas for
purposes of imposing different attainment dates and different
control requirements. In determining the classifications, EPA may
consider the severity of the air quality problem, the feasibility
of pollution control measures, and other factors. To announce the
classifications, EPA must publish a notice in the Federal Register,
which is not subject to notice and comment and is not subject to
judicial review. However, EPA's classification may be challenged
after EPA takes action on a SIP submittal or imposes sanctions.
Paragraph (2)—Attainment Dates for Nonattainment Areas:
For primary NAAQS, a nonattainment area must reach attainment
as expeditiously as practicable, but no later than five years from
the date of designation to nonattainment. EPA may grant an
extension of up to 20 years, depending on the severity of the
problem and the feasibility of control measures.
For secondary standards, the attainment date is a reasonable
time after the date of designation.
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The Administrator may grant up to two one-year extensions of
the attainment date, upon request by the State, if the State
complies with all plan requirements and no more than a minimal
number of exceedances of the standard, as determined by EPA, has
occurred.
CAA Section 172(b)—Schedule for Plan Submissions
When EPA promulgates designation of an area as nonattainment,
it must set a schedule for plan submittal. At the latest, all
elements of the plan other than the attainment demonstration must
be submitted within 3 years from the promulgation of the
nonattainment designation.
CAA Section 172(c)—Nonattainment Plan Provisions
The nonattainment plan must include the following provisions
(in addition to the provisions identified under section . llO(d) ,
which generally apply to all SIPs):
Paragraph (1):
Reasonably available control measures (including reasonably
available control technology (-"RACT") on stationary sources), as
EPA may require.
Paragraph (2 >:
Requirements for reasonable further progress.
Paragraph (3):
Emissions inventories, including periodic updates as may be
required by EPA.
Paragraph (4) :
An identification of expected emissions from new sources and
a demonstration that those emissions will be consistent with the
projected progress towards attainment and ultimate attainment by
the date required.
Paragraph (5):
Requirements for permits for new sources, in accordance with
CAA section 173 (below).
Paragraph (6):
Emission limits and other measures necessary for attainment
(including, at the State's choice, economic incentives such as fees
or auctions).
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CAA Section 172(d)—Plan Revisions
Requiredin Response to Findings of Plan Inadequacy
If the State is required to submit a SIP revision because EPA
has issued a finding that the SIP is substantially inadequate to
provide for attainment or meet any other requirement of the Act,
the SIP revision must correct any deficiencies identified by EPA,
and meet all other applicable requirements of the Act. EPA is
authorized to adjust otherwise applicable dates (for example, the
dates the inventory and control measures are due) to the extent
necessary to apply those requirements in a consistent fashion.
SECTION 102(C)
This section of the bill amends CAA section 173, concerning
permit requirements.
Requirements for New Sources
The current Clean Air Act requirements for new and modified
major stationary sources, including permits, are retained, revised,
and expanded.
Permit Requirements
The requirement that new sources, under certain circumstances,
obtain offsets for their emissions is retained (although it is
limited in the manner discussed below). EPA is given the authority
to set the rules for determining the amount of offsets necessary-
-the "baseline"—(e.g., based on actual or allowable emissions) but
this determination must be consistent with .the assumptions used in
the attainment demonstration. The bil also retains and expands the
provision requiring States to analyze possible alternative sites
in issuing new source permits.
Sources that emit 100 tons per year or more must obtain case-
specific offsets (and cannot rely on any growth allowance in the
attainment demonstration), except for sources located in zones
targeted by the Department of Housing and Urban Development and EPA
for economic development.
Current section 173(4), which is redesignated as section
173(a)(4), is amended to provide that permits cannot be issued
under an approved permit program if EPA determines that the State's
plan is not being adequately implemented.
Technical and clarifying changes are made to the flush
language at the conclusion of current section 173 (which, as noted
above, is redesignated as section 173(a)).
Prohibition on Use of Old Growth Allowances
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A new provision is added which prohibits continued use of
growth allowances approved prior to any SIP call. Formerly, such
growth allowances could permit construction of new sources or
modification of existing sources.
SECTION 102(d)
This section of the bill amends CAA Section 174—Planning
Procedures. The planning procedures set out in the current CAA
sections 174(a) and (b) are broadened to ensure that state and
local (including regional) authorities share in the development
and implementation of the SIP, with some technical revisions to
make clear that implementation includes enforcement and to conform
this section with revisions in other parts of the Act. In
addition, a new subsection (c) is added, which clarifies that when
a nonattainment area is included within more than one State, the
affected States may jointly undertake these planning procedures.
SECTION 102(e)
This section of the bill amends CAA Section 175-~Maintenance
Plans. Any nonattainment area seeking redesignation to attainment
must submit an approvable maintenance plan showing that the
standard will be maintained for at least .10 years. This provision
replaces the current section 175, which provides for EPA grants to
localities for transportation or air quality maintenance planning
responsibilities.
SECTION 102(f)
This section of the bill amends CAA section 176--lnterstate
Transport Commissions. This new section authorizes EPA to
establish an interstate transport region, consisting of all States
or parts of States with a shared air pollution problem.
New CAA Section 176(a)—Authority to
Establish Interstate Transport Regions
EPA is authorized, upon its own motion or upon petition from
a State, to establish an interstate transport region that consists
of all States pollution emissions from which contribute to NAAQS
violations in any one State. After establishing such a region, EPA
may add or remove States from it, based on the same considerations
concerning emissions.
New CAA Section 176(b)—Transport Commissions
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Whenever EPA establishes an interstate transport region, it
must establish a commission, consisting . of one air pollution
official from each State in the region, and a representative of
EPA (along with non-voting representatives from each of the
relevant EPA regions). The commission may recommend that EPA issue
a SIP call to certain States, requiring them to include specified
measures in their SIPs to solve the interstate transport problem.
New CAA Section 176 (c) — Commission Requests
EPA is- obligated to act on each of the Commission's
recommendations within 18 months, although EPA may. disapprove them
(i.e., decline to issue the SIP call).
Conforming changes are made to CAA section 106 (authorizing
EPA to fund interstate air quality agencies) to authorize EPA
funding for transport commissions formed under new CAA section 176.
SECTION 102
This section of the bill adds two new sections to the CAA:
Section 179 — Sanctions and Consequences of Failure to Attain, and
Section 180 — Federal Implementation Plans.
, !,'.
New section 179 provides EPA with the authority to impose
sanctions on States when EPA finds that the State has committed
one of several specified planning failures, and where EPA
determines that the State is not using reasonable efforts to cure
those failures. This section revises current law to provide a
uniform procedure for imposing sanctions, require close and regular
EPA scrutiny of State actions, and provide greater EPA flexibility
in imposing any sanctions.
New CAA Section 179 (a) — Initial Reasonable Efforts Determination
Under the new scheme, at the time EPA finds that State action
is deficient in one or more respects, as described under CAA
section lio(g) , EPA must publish in the Federal Register a proposed
determination of whether the State is making reasonable efforts to
cure the failure.. If EPA proposes to find that the State is not
making reasonable efforts, EPA must, at the same time, propose to
apply one or more sanctions (described below). Within the next six
months, EPA must finalize the notice, and, if it finds no
reasonable efforts, apply one or more the sanctions. The criteria
for applying sanctions are 'whether it will encourage the State to
undertake reasonable efforts and prevent further deterioration of
the State's air quality.
New CAA Section 179(b)--Available Sanctions
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The sanctions that are available include (i) a ban on the
construction or modification of major stationary sources in the
nonattainment area (or portion of such area, if the State failure
relates exclusively to that portion). In the case of ozone, the
ban is also available with respect to the area within 25 miles of
the nonattainment boundary; (ii) a moratorium, imposed by the
Secretary of Transportation, on the approval of any highway
projects, or the award of any highway grants in the area (except
that the highway sanction applies only with respect to certain
State failures, as described under the summary for section llO(g),
above). This highway sanction applies only if EPA believes that
attainment and maintenance of a NAAQS cannot reasonably be achieved
without the inclusion of transportation control measures in the
plan. The Secretary of Transportation may also exempt certain
projects from" the moratorium. In addition, the highway sanction
may be imposed, as to a particular nonattainment area (or portion
thereof), located within a particular state, no more than once in
any consecutive five-year period beginning with the date of
enactment; (iii) a ban on drinking water hookups in the
nonattainment area (or portion.of such area), except for hookups
necessary to correct a public health hazard; and (iv) a withholding
of all or part of the air pollution grants that EPA may award under
CAA section 105.
Mew CAA Section 179(c)—
Subsequent Reasonable Efforts Determinations
No later than 12 months after publishing a final notice as to
whether the State has made reasonable efforts, EPA must publish
another proposal on whether the State currently is or is not making
reasonable efforts, followed by a final notice within six months.
If EPA determines that the State is making reasonable efforts, EPA
must lift any sanctions that had previously been imposed (except
as described below, under CAA section 179(d)). If EPA determines
that the State is not making reasonable efforts, EPA must keep in
place any existing sanctions and (in EPA's discretion) add any
further sanctions or impose at least one sanction if none were in
place.
New CAA Section 179(d)—Failure to
Submit a Reviewable Plan Within 18 Months of the Required Date
Even if the State is making reasonable efforts to submit a
complete SIP or SIP revision, if it fails to do so within 18 months
of the required due date, EPA must propose to apply at least one
sanction. EPA must make that sanction final within six months
thereafter (if the failure has continued).
New CAA Section 179(e)—Notice of Failure to Attain
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EPA is required to publish a notice in the Federal Register.
as expeditiously as practicable after the attainment date,
identifying areas that failed to attain.
CAA Section 179(f)—Consequences for Failureto Attain
For areas that fail to attain, EPA is authorized to determine
additional measures to be implemented—including all feasible
measures—and the States are required to submit a SIP revision
containing such measures within three years (or sooner, if required
by EPA). Areas that fail to attain are granted a new attainment
period, starting from the date EPA notified the area of its failure
to attain, that is the same as the initial attainment period
provided under section 172(a)(2).
New CAA-Section 179(g)—Construction Bans '
Any area designated nonattainment upon enactment of the bill
and that does not receive EPA approval of its construction permit
program for major new and modified sources by December 31, 1992,
will face a moratorium on the construction of.such sources. -The
same ban will also apply to areas designated nonattainment after
enactment if they do not receive EPA approval of such a program
within 42 months of the designation.
'
New CAA Section 180—Federal Implementation Plans
This section on federal implementation plans ("FIPs")
effectively replaces the former section I10(c){l) in order to
maintain EPA's opportunity to promulgate a federal plan, but in a
more practicable and flexible manner.
New CAA Section 180(a)--General Authority
EPA is authorized to promulgate a FIP at any time it finds
the State has failed to submit a SIP, or after EPA disapproves the
SIP. • '
New CAA section 180(b)—Requirement
Following Reasonable Efforts Determination
Although EPA is never required to promulgate a FIP, the Agency
must decide, at the time it reviews a previous finding concerning
reasonable efforts by the State, and determines that a State is not
making reasonable efforts, whether to promulgate one. In
determining whether to promulgate a FIP, EPA must consider the
practicality of such a plan, the severity of the nonattainment
problem, the extent to which the State is making reasonable
efforts, costs, and the amount of emissions reductions that would
be achieved by the FIP. EPA may not promulgate a FIP unless the
FIP will result in significant additional progress towards meeting
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the requirements of the Clean Air Act. EPA must explain the
reasons underlying the decision, and take final action within 6
months of the date of proposal.
CAA section 180(c)—FIP Obligations
EPA is currently under court order (or has entered into
judicial settlement agreements) requiring the Agency to promulgate
several FlPs pursuant to the former section 110{c). Subsection
180(c) provides that EPA is not required to promulgate any of these
FIPs.
Section 103. Additional Provisions For Ozone Nonattainment Areas.
This section adds a new Subpart 2 to Part. D of Title I of the
Clean Air Act, consisting of new sections 181 through 185.
New Section 181—Classifications and Attainment Dates
Ozone nonattainment areas are subject to four classifications
with attainment dates based on design value, as shown below. EPA
must classify ozone nonattainment areas at the time it designates
areas as nonattainment. This initial classification is not subject
to notice-and-comment or judicial review, although the
classification may be challenged after EPA takes action on a SIP
submittal or imposes sanctions.
Area Class-
ification
Marginal
Moderate
Serious
Severe
Design
Value
.13 ppm
.14-.15 ppm
.16-.18 ppm
.19 ppm and
above
Primary Standard
Attainment Date
December 31, 1995
December 31, 1995
December 31, 2000
As expeditiously as
practicable, but no later
than December 31, 2010
Several special rules and adjustments apply with respect to
these classifications and attainment dates: (i) Areas currently
designated nonattainment, but having a design value of less than
.13 ppm, are to be classified as marginal. (ii) EPA may adjust
the classification of any" area whose design value is within 5
percent of the classification "cut-point". (iii) EPA may allow
up to two one-year extensions of the attainment date as long as
the State has met all SIP commitments and has not recorded more
than one exceedance of the ambient air quality standard in the year
preceding the extension year.
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New CAA Section 16Kb)—Mew Designations and Reclassifications
Areas subsequently designated nonattainment after the initial
designation and classification are given -the same time frames to
reach attainment as areas initially designated nonattainment. No
later than 6 months after the attainment date has passed, EPA must
publish a notice identifying each area that failed to attain. EPA
must reclassify each such area to the next higher classification,
or (if higher) the classification applicable to the area's design
value. Areas that are "bumped up" in this respect must begin to
meet the requirements of the new classification from the date of
reclassification.
New CAA Section 182—Plan Submissions and Requirements
All ozone nonattainment areas are subject to specified
planning and control requirements, depending on their
classification. Each higher classification must comply with the
requirements of the preceding classification, plus additional
requirements.
New CAA Section 182(a)—Marginal Areas
States must make the following submissions, with respect to
marginal areas:
Paragraph (1):
Within two years after enactment, the State must submit a
comprehensive inventory.
Paragraph (2):
The State must submit various SIP revisions, to the extent it
has not already done so, to include (i) reasonably available
control technology requirements, which EPA has identified in
various guidance documents; (ii) corrections to any motor vehicle
emission control inspection and maintenance program, as previously
required in the area, to assure that the program is the most
stringent that is required or already in place for the area; and
(iii) requirements that new or modified sources obtain permits and
undergo new source review, in the manner provided under EPA
guidance.
Paragraph (3) :
Each year after the initial inventory is due, the State must
submit an updated inventory. In addition, within 2 years after
enactment, the State must require all stationary sources (except,
under certain circumstances, for sources emitting less than 25 tons
per year of VOCs or oxides of nitrogen) to submit emissions
statements.
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NewCAA section 182(b)—Moderate Areas
States containing these areas must make the same submissions
as marginal areas, as well as the following submissions:
Paragraph (1):
These States must submit SIPs within three years of enactment
providing for 15% reductions, from 1990 through 1995, from baseline
emissions in the year of enactment. Baseline emissions are actual
emissions during the year of enactment, except for emissions that
are expected to be eliminated under current EPA regulations due to
(i> motor vehicle fleet turnover or (ii) regulations concerning
gasoline volatility. All emissions reductions are creditable
against the 15% requirement, except for reductions due to (i) or
(ii) above, and for reductions due to corrections to current SIPs
concerning reasonably available control technology and motor
vehicle inspection arid maintenance. This 15% reduction requirement
applies in lieu of any other requirement for reasonable further
progress or submission of an attainment demonstration.
Paragraph (2):
States must implement new RACT control measures recommended
by EPA, and must apply RACT to sources with the potential to emit
100 tons per. year.
Paragraph (3):
Within 2 years after the date of enactment, States must submit
a SIP revision requiring owners or operators of gasoline dispensing
systems to install and operate a system for gasoline vapor recovery
of emissions from the fueling'of motor vehicles (known as "Stage
II controls''}. These SIP provisions must take effect within 6
months to 2 years of State adoption of the SIP revision, depending
on the size of the gasoline dispensing facilities (including retail
gasoline stations and fleet fueling facilities) and whether they
are newly constructed. EPA is directed to issue guidance as
appropriate on the effectiveness of the required Stage II controls.
EPA is authorized to exempt small facilities.
New CAA Section 182(c)—Serious Areas
A State with a serious ozone nonattainment area must meet the
same requirements imposed with respect'to a moderate area, as well
as the following:
Paragraph
(l)—Attainment and
Demonstrations:
Reasonable Further Progress
The State must submit, by 1995, an attainment demonstration
based on photochemical grid modelling. At the same time, the State
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must submit a demonstration that the plan provides for emissions
reductions of three percent a year, averaged over each three-year
period starting in 1996 (on a rolling basis). However, the State
may provide for less than three-percent per year if it includes all
feasible measures, or if less than three percent is necessary for
the area to reach attainment (or if the area controls NOx emissions
in accordance with EPA guidance). The three-percent reductions are
required to be computed in the same manner as the 15 percent
reductions required for the first five years.
Paragraph (2)—Enhanced Vehicle Inspection and Maintenance Program:
Within 2 years of enactment, the State is required t:.o
implement an enhanced program of motor vehicle inspection and
maintenance, in accordance with EPA guidance. The program must
meet a performance standard achievable by a program combining
emission testing with inspection to detect tampering with emission
control devices or misfueling of all light-duty vehicles subject
to section 202. This program must apply for each urbanized area
with a population of 200,000 or more. The programs must include
computerized emission analyzers, as well as enforcement through
vehicle registration denial unless the State can show that the
enforcement provisions of an existing program are more effective
in assuring that non-complying vehicles are not operated in the
area. The programs may not allow waivers for any vehicles covered
by the emission control performance warranty under section 207(b)
or for tampering-related repairs. If waivers are allowed the
programs must require a minimum expenditure of $75 on pre-1981
models and of $200 for the initial waiver period and $75 in an
immediately subsequent period for 1981 and later models. These
dollar amounts are to be adjusted periodically for inflation.
Paragraph (3)—Clean-fuel Vehicle Program:
The State must submit a SIP revision, for each area covered
by, the clean-fuel vehicle program prescribed under section 212(b) ,
which includes measures EPA may require to ensure the effectiveness
of that program, including all measures necessary to make use of
clean alternative fuels in clean fuel vehicles economic from the
vehicle owners' standpoint. Each area which seeks voluntary
inclusion in the Federal clean fuel vehicle program must also
submit a SIP revision. If a State fails to meet this requirement,
it may not receive credit in any attainment demonstration or
reasonable further progress demonstration for emissions reductions
from implementation of the Federal clean-fuel vehicle requirements
under section 212.
However, a State may opt out of this requirement, in whole or
in part, if, within 30 months of enactment, EPA approves a SIP
revision, submitted by the State within 24 months, that will
achieve long-term reductions in ozone-producing and air toxic
emissions equal to the performance standard prescribed under
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Section 212(b)(l) or the percentage thereof attributable to the
part of the program the State is opting out of, employing measures
other than those already required under the bill (either expressly
or as necessary to meet requirements for annual percentage
reductions). In addition, if EPA approves any fuel-pooling plan
applicable to an area, EPA may approve a SIP revision to assure
consistency with such plan.
Paragraph (4)—Transportation control:
The State must also submit transportation controls if greater-
than-anticipated mobile source emissions occur. These controls
must include measures selected from section 108(f) as necessary to
reduce vehicle mile and congestion levels. Alternatively, the
State may obtain equivalent reductions from other types of
transportation or mobile source controls, or controls on other
sources.
New CAA Section 182(d)--Severe Areas
•>
A State containing a severe ozone nonattainment area must make
the submissions required for serious areas, and must submit a
revised attainment demonstration, by December 31, 2000, which
includes the sanctions provisions required under CAA section 185
(described below).
New CAA Section 182(e)—
Certain Non-self -generating (Nori-MSA) Areas
If EPA determines that any nonattainment area outside, and
not adjacent to, an MSA or CMSA (if any) does not significantly
contribute to ozone nonattainment in that area or another area,
the area may be subject to only the requirements applicable to
marginal areas, regardless of the air quality.
New CAA Section 182(f)—Reclassified Areas
Areas that are reclassified because they fail to attain must
meet the requirements applicable to the reclassification. . EPA may
adjust dates for submission of SIPs as appropriate. Areas
reclassified as moderate are granted an attainment date of December
31, 2000, and must meet the 3% progress requirement that is
otherwise applicable only to serious and severe areas.
New CAA section 183(a)-(b)—Control Techniques Guidelines for VOC
Sources, and Alternative ContSoargeehniques Document for NOx
EPA is required to publish seven control techniques documents
(CTGs) , and prepare an alternative control techniques document for
NOx sources, within three years of enactment.
New CAA Section 183(c)—Consumer or Commercial Products
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EPA is required to submit, within two years of enactment, a
study to Congress concerning emissions of volatile organic
compounds from consumer and commercial products. Following
submission of this study, EPA is authorized to issue regulations
reducing emissions from consumer and commercial products to a level
that reflects reasonably available controls. Consumer and
commercial products are defined as any article or product* the use,
consumption, storage, disposal, or destruction of which causes
release of volatile organic compounds.
EPA may apply the regulations at only the level of the
manufacturer, processor, wholesale distributor, or importer, and
may exempt health use products for which there are no suitable
substitutes. EPA is given broad discretion in fashioning
appropriate regulations, including the use of economic incentives
(such as fees or auctions). EPA may retain any funds collected.
If the State develops adequate procedures under State law for
implementing and enforcing these regulations, EPA may approve such
procedures.
Mew CAA Section 183(d)—Marine Vessels
EPA is required to promulgate, within four years after the
date of enactment of the bill, standards for emissions from loading
and unloading marine tank vessels, to take effect after the period
EPA finds necessary to permit the development of the requisite
technology. The Department within which the Coast Guard is
operating is required to issue regulations to ensure the safety of
the required emission controls. Until EPA promulgates these
standards, no State or locality may regulate marine vessel
emissions, and after EPA promulgates these standards, any State or
locality regulating such emissions must apply standards at least
as strict as EPA's.
New CAA Section'183(e)—Ozone Design Value Study
EPA is required to complete, within three years of the date
of enactment of the bill, a study on. the methodology used to
establish the design value for ozone.
New CAA section 184—Northeast Transport Region and Commission
The bill establishes a Northeast Corridor regional ozone
transport commission containing 11 States and the District of
Columbia. This commission will convene .within six months of
enactment.
Mew Clean Air Act Section 185—Sanction for
Severe Ozone Nonattainment Areas for Failure to Attain
SIPs for severe areas are required to impose a fee of $5,000
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per ton of VOC on major stationary sources, in areas that fail to
attain by the applicable date. The fee applies only to the extent
the source fails to reduce its emissions by 20% following the
attainment date. The fee begins in the year after the attainment
year, and lasts until the area is redesignated attainment (except
that the fee does not apply during any of the one-year extensions
of the attainment date authorized under section 181). If EPA finds
that the State is not collecting the fees properly, EPA may collect
them, with interest for the period when the fees were not paid to
the State. The amount of the fee is to be adjusted each year
(beginning with the year after enactment} for inflation.
Areas with a total population under 200,000 that fail to
attain the standard by the applicable date, are not subject to
sanctions if the State demonstrates that ozone transport is the
cause of the nonattainment problem, and if the area otherwise meets
all of the Act's requirements.
Section 104.
Additional Provisions For Carbon Monoxide
Nonattainment Areas
This section of the bill adds a new subpart 3 to Part D of
Title I of the Clean Air Act, consisting of new sections 186 and
187.
New Section 186—Classification and Attainment Dates
Carbon monoxide nonattainment areas are subject to two
classifications with attainment dates based on design value, as
shown below.
Area Class-
ification
Moderate
Serious
Design
Value
9.5-16.4 ppm
16.5 ppm and
above
Primary Standard
Attainment Date
December 31, 1995
December 31, 2000
Similar rules as found in the ozone nonattainment area apply
with respect to (i) EPA publication of a notice announcing the
classification of carbon monoxide areas; (ii) areas designated
nonattainment prior to the enactment of this Act, but showing a
design value of under 9.5 ppm; (iii) EPA authority to adjust the
classification of nonattainment areas that are close to the cut-
off point for another classification; (iv) EPA authority to allow
brief extensions of the attainment date; (v) requirements for areas
redesignated nonattainment after the effective date of this Act;
and (vi) reclassification of areas that fail to attain the ambient
air quality standard (the "bump-up").
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New CAA Section 187—Plan Submissions and Requirements
As in the case of ozone nonattainment areas, carbon monoxide
nonattainment areas must meet requirements that escalate in
stringency with the severity of the nonattainment problem.
New CAA Section 187(a)^-Moderate Areas
Moderate areas are required to (i) submit an initial
inventory, followed by updated inventories; and (ii) assure that
pre-1987 requirements for inspection and maintenance of motor
vehicles are met, as required for marginal ozone nonattainment
areas.
New CAA Section 187(b)—Serious Areas
All serious areas must meet the requirements for moderate
areas, as well as (i) submit an attainment demonstration, due by
December 31, 1995; (ii) implement an enhanced program for motor
vehicle inspection and maintenance, as required for serious ozone
nonattainment areas; and (iii) submit provisions to comply with
the requirements for transportation control measures, as required
for serious ozone nonattainment areas.
In addition, serious areas must submit a SIP revision to
include an oxygenated fuels program. This program must require
that gasoline available in the Consolidated Metropolitan
Statistical Area {or, if none, the Metropolitan Statistical Area)
in which the serious area is located be blended with oxygenated
fuels during the carbon monoxide season as necessary, in
combination with other measures, to provide for timely attainment
and maintenance of the carbon monoxide NAAQS. This program must
take effect" by October 1, 1993. States may opt out of this
requirement by demonstrating that the revision is not necessary to
provide for timely attainment and maintenance of the carbon
monoxide NAAQS.
New CAA Section 187(c)—Reclassified Areas
Moderate areas that are reclassified as serious because they
fail to attain must meet the requirements applicable to serious
areas. EPA may adjust dates for required submissions .as
appropriate. Attainment dates may not be adjusted.
New CAA Section 187(d)—Serious Areas that Fail to Attain
Any serious area that fails to attain must submit, within
three years of such failure, a SIP revision that includes any
additional measures that EPA may prescribe, considering all
feasible measures.
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Section 105. Additional Provisions for Particulate Matter (PM-
10) Nonattainment Areas.
This section adds a new subpart 4 to Part D of Title I of the
Clean Air Act, consisting of sections 188 through 190.
New CAA Section I88(a)—Initial Classifications
All PM-10 nonattainment areas will initially be classified as
moderate.
New CAA Section 188(b)—Reclassification as Serious
EPA may redesignate to serious those areas which cannot
practicably attain by the moderate attainment date. EPA must make
these redesignations by the end of 1991 for areas designated
nonattainment under section I10(b)(5), and within 18 months of the
due date for the SIP submission for areas subsequently designated
nonattainment. All moderate areas that fail to attain by the
attainment date are automatically reclassified as serious.
New CAA Section 188(c)—Attainment Dates
All areas must attain as expeditiously as practicable, with
the following outside dates: Moderate areas designated
nonattainment under section 110(b)(4) must attain no later than
December 31, 1994; for all other moderate areas, the attainment
date is no later than 6 years after designation. Serious areas
designated nonattainment under section 110(b)(4) must attain no
later than December 31, 2001; for all other serious areas, the
attainment date is no later than 10 years after the date of
designation to nonattainment.
New CAA Section 188(d)—Extension of
Attainment Date for Moderate Areas
Moderate areas may receive up to two one-year extensions of
the attainment date, in a manner similar to ozone and carbon
monoxide nonattainment areas.
New CAA section 188(e)—Extension of
Attainment Date for Serious Areas
Serious areas may receive an extension of up to 5 years if
the otherwise applicable attainment date would be impracticable,
the SIP has been fully implemented, the SIP includes the most
stringent measures of any other State's SIP that are feasible for
the area, and the State submits a demonstration of attainment by
the most expeditious alternative date practicable. This subsection
lists a number 'of factors that the Administrator may consider in
determining whether or not to grant an extension, and the length
of such extension.
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New CAA Section 188(f)—Waivers for Certain Areas
EPA may waive any requirement applicable to a serious area,
it determines that anthropogenic sources of PM-10 do not contribute
significantly to the PM-10 problem in that area. Similarly, EPA
may waive the requirement of a specific•attainment date where it
determines that nonanthropogenic sources of PM-10 contribute
significantly to the problem.
Mew CAA Section 189(a)--Moderate Areas
Moderate areas must submit SIPs that require 'a new source
review permit program, and either a demonstration that the plan
will provide for attainment by the attainment date, or a
demonstration that attainment by that date is impracticable.
New CAA Section 189(b)—Serious Areas
Serious areas must meet the requirements applicable to
moderate areas, impose reasonably "available control measures
(including the adoption of reasonably available control technology
by all major stationary sources), and either a demonstration that
the plan will provide for attainment by the attainment date,- or
(for those areas for which the State is seeking an extension), a
demonstration of attainment by the most expeditious alternate date
practicable.
New CAA Section 190—Issuance of RACM Guidance
EPA must issue technical guidance on RACM for urban fugitive
dust and emissions from residential wood combustion and prescribed
open burning within 18 months of enactment.
Section 106. Additional Provisions for Areas Designated
Nonattainment for Sulfur Oxides, Nitrogen Dioxide,
. and Lead.
This section adds a new subpart 5 to Part D of Title I of the
Clean Air Act, consisting of new sections 191 and 192. This
subpart establishes SIP submittal and attainment dates for areas
that need to do additional planning to attain the S02, N02, and
lead standards.
New CAA Section 191—Plan Submission Deadlines
Areas that are newly designated nonattainment for one of these
pollutants after enactment of the bill would need to submit, a new
plan within 18 months of the designation, showing attainment within
five years of the designation. Areas that are currently designated
nonattainment for S02 or N02 but which never received full approval
of their SIPs under the current law would have to submit corrective
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SIPs within 18 months of enactment showing attainment within five
years of enactment.
New CAA Section 192—Attainment Dates
The corrective SIPs for areas that received (or in the future
receive) SIP calls for one of these pollutants must provide for
attainment within five years of the date of the call.
Section 107. Provisions Related To Indian Tribes.
The section includes a series of provisions authorizing EPA
to treat Indian tribes as States for certain purposes, including,
under certain circumstances, allowing tribes to develop
implementation plans and receive grants.
CAA Section 301—Authority to Treat Tribes as States
The Administrator is authorized to treat tribes as States for
Clean Air Act purposes arid for providing financial assistance
(although tribes are not entitled to the minimum of one-half of
one percent of annual appropriations to which States are entitled
under Section 105). EPA may promulgate regulations outlining the
circumstances under which treatment as a State is appropriate for
tribes and procedures for approving tribal implementation plans.
If treatment as a State is inappropriate, the Administrator may
devise other means of administering the Clean Air Act on
reservations. The receipt of grants is not contingent on the
promulgation of regulations so that, until EPA promulgates
regulations, EPA may continue to give grants to tribes.
CAA Section 105(a)(l)(B)—Grant Eligibility
Tribes are eligible to receive air grants by including tribal
air pollution control agencies in the list of agencies eligible to
receive grants. At his discretion, the Administrator may decide
which of the eligible tribes shall receive grants.
CAA Section 302(b)—Definition of Air Pollution Control Agency
The definition of air pollution control agencies is broadened
to include those of Indian tribes.
New CAA Section 302(q)—Definition of Tribe
Indian tribe is defined similarly to the definition under the
Comprehensive Environmental Response, Compensation and Liability
Act, as amended by the Superfund Amendments and Reauthorization Act
of 1986.
New CAA Section 110(t)—Tribal Implementation Plans
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Tribal implementation plans are to be reviewed in the same
manner as SIPs. . When plans become effective, they shall apply
within the exterior borders of the reservation.
Section 108. Miscellaneous.
This section includes a number of miscellaneous amendments to
Title I of the CAA, including, among others, the following:
SECTION 108(a)
CAA Section 108—Transportation Guidance
EPA, after consultation with the Secretary of Transportation,
must update the transportation-air quality planning guidelines
issued in 1978, at the start of the initial Part D planning
process. EPA must also update its guidance on various types of
transportation controls. The list of controls is refined from the
initial list appearing in current section 108.
SECTION 108(b)
CAA Section 110—State Reports on Emissions-related Data
A new section 110(u) is added, which requires that States
submit any reports EPA may require to assess the effectiveness of
any SIP or SIP revision.
SECTION 108(C)
CAA Section 111—Mew Source Performance Standards ("MSPS")
The time frames for developing proposed and final regulations
establishing NSPS are extended. The schedules for completion of
the NSPS for source categories that EPA has already listed for
regulation, and for revision of existing NSPS, are updated and
extended. EPA is authorized to waive review of a standard if
review is not necessary in light of readily available information.
SECTION 108(e)
CAA Section 114—Authority to Obtain Information
EPA's information-gathering authority is broadened to include
obtaining information from persons who manufacture control
equipment or who may have relevant information necessary for the
purposes of section 114.
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SECTION 108(q)
CAA Section 126—Permit Process for
Addressing Interstate Effects
Under this provision, a source or plan in an area with a
permit program meeting the Title IV requirements, including the
requirements to address interstate effects of stationary sources,
is not subject to the interstate provisions of section 126.
SECTION 108(h) and (i)
CAA Sections 163, 165—PM-10 PSD Increments
These provisions replace the sections 163 and 165 particulate
matter prevention of significant deterioration ("PSD") "increments"
(which were measured by the former indicator for particulate
matter, "total suspended particulates"), with increments of
comparable stringency measured by the new PM-10 indicator. The
amendments also provide that any previously-established baseline
areas and baseline dates shall remain in effect, in order to allow
approximately the same amount of growth as would have been
permitted had the indicator never been changed. In addition, the
total suspended particulates increments and implementing
regulations in an applicable implementation plan must remain in
effect as to an area in that plan until a PM-10 PSD or new source
review plan has been approved by EPA and made effective in-the plan
for that area. Furthermore, these provisions, and an accompanying
amendment to section 302(j), bring coal mines within the coverage
of new source review provisions, and allow for an exemption from
the class II and class III increments (but not class I increments)
with respect to fugitive dust from such mines.
SECTION 108(i)
CAA Section 166—PSD Increments for Other Pollutants
Subsection (a) is amended so that EPA is no longer obligated
to promulgate PSD increments for any pollutants other than
particulate matter and sulfur dioxide, although EPA is given the
authority to promulgate such increments. This provision also
allows EPA to modify the particulate matter increments if it
further revises the particulate matter indicator. The new
increments would have to be roughly comparable in terms of
stringency to the PM-10 increments. EPA is riot required to
promulgate new particulate matter increments if it promulgates a
new particulate matter NAAQS.
SECTION 108(k)—Definitions
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New CAA Section 302(r)—Definition of Federal Implementation Plan
New CAA section 302(r) defines a federal implementation plan
as a plan, or a portion of a plan, promulgated by EPA to fill a
gap in the SIP, that includes enforceable emission limits or other
control measures, but that does not necessarily ensure attainment
of the standard.
SECTION 108(1)
CAA Section 307—Preenforcement Review
CAA section 307(e) is amended to preclude judicial review of
regulations or other actions of EPA taken under color of the Clean
Air Act, except as provided under the Act. This provision, along
with a revision to section 304{e), clarifies that the judicial
review provisions in the Act are exclusive, and precludes pre-
enforcement review.
SECTION 108(m)
CAA Section 307—Interpretation of State Implementation Plan
A new subsection (h) is added to CAA section 307, providing
that in the case of conflict between a State's and EPA's
interpretation of a SIP provision, EPA's interpretation is to be
given deference by a court, as long as that interpretation is
rational.
SECTION 108(n)
CAA Section 318—Ethics. Financial Disclosure.
and Conflicts of Interest
This section is repealed because its provisions are archaic
or superceded by other statutes or by other legislation proposed
by the Administration.
SECTION 108(o)
CAA Section 101—Pollution Prevention
A new subsection (c) is added to section 101 to declare that
a primary goal of the Act is to promote Federal, State, and local
governmental actions for pollution prevention.
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SECTION 108(p)
New CAASection 103—General SavingsClause
A general savings clause is provided, under which all
regulations and standards issued by EPA as in effect before the
date of enactment of this Act remain in effect, except to the
extent otherwise provided by the Act, inconsistent with the Act,
or changed by EPA.
SECTION 108(t)
New CAA Section 307(i)—Reports
A new subsection is added to CAA section 307 precluding
judicial review of any reports to Congress required by the Act.
Section 109. Conforming Amendments.
This section contains conforming amendments.
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TITLE II—PROVISIONS RELATING TO MOBILE SOURCES
Section 201. Clean Fuel Requirements.
This section deletes existing CAA section 212 and inserts a
new section 212--"Clean Fuel Requirements", establishing two
programs for increasing the use of vehicles operated on "clean
alternative fuel" such as methanol, ethanol, natural gas, propane,
electricity or other motor vehicle fuel such as reformulated
gasoline if such other fuel has comparably low emissions, as
determined by the Administrator.
The first program requires that new urban buses operated
primarily in metropolitan areas having a population of over
1,000,000 be capable of operating, and exclusively operated, on
clean alternative fuel. The Administrator is to phase in this
requirement over the 1991 through 1994 model years. If the
Administrator, after consultation with the Secretary of
Transportation, finds that delaying the program would substantially
increase its benefits or decrease its costs, the requirement may
be postponed for up to two years. For diesel-fueled buses sold
during the phase-in period, the particulate matter emission
standard is set at 0.25 gram per brake horsepower-hour. The
Administrator is required to issue regulations implementing the
urban bus program within 12 months of enactment of this section.
The second program requires that a specified number of
passenger cars and light-duty trucks capable of operating on clean
alternative fuel ("clean-fuel vehicles") be sold in the most
serious ozone nonattainment areas. Such clean-fuel vehicles are
to meet emission standards that will ensure that, when operated on
clean alternative fuels, the vehicles emit substantially less
ozone-producing hydrocarbon emissions and total air toxic emissions
than do conventional gasoline-fueled vehicles meeting applicable
emissions standards. So that clean-fuel vehicles are in fact
operated on clean alternative fuel, the program also provides that
clean alternative fuels be made available in the areas where clean-
fuel vehicles are to be sold.
Within 12 months of enactment, the Administrator is to
establish performance standards for the clean-fuel vehicle program
based on the use of clean alternative fuels formulated to produce
maximum reductions in ozone-producing and toxic air emissions. The
Administrator is to use these performance standards to judge the
adequacy of state and industry plans for opting out of the clean-
fuel vehicle program.
Within 18 months of enactment, the Administrator is to
promulgate regulations establishing initial requirements, and
subsequently may revise, such regulations as necessary, for
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attainment of the performance standards he establishes for the
clean-fuel vehicle program. The regulations are to provide for
the manufacture, sale and distribution of clean-fuel vehicles
according to the following schedule: 500,000 in model year 1995,
750,000 in model year 1996, and 1,000,000 in each of model years
1997 through 2004. To permit automakers greater flexibility, the
Administrator may grant an appropriate amount of transferable
credits toward compliance with emission standards or the vehicle
sales requirements for selling (l) clean-fuel vehicles that emit
less than regulations require, (2) more clean-fuel vehicles than
regulations require, and {3} heavy-duty trucks that are capable of
operating on clean alternative fuel.
The clean-fuel vehicles are to be sold in areas that are
designated ozone nonattainment, have a 1988 ozone design value at
or above 0.18 parts per million, and had a 1980 population above
250,000. However, any of these areas may "opt out" of all or part
of the clean-fuel vehicle program upon approval by the
Administrator if the applicable state implementation plan includes
measures different from those otherwise required by the Act that
achieve long-term environmental benefits equal to the clean-fuel
vehicle program performance standard. Conversely, any other area
may "opt into" the clean-fuel vehicle program at the request of the
governor of the state in which at the area is located if inclusion
of the area in the program is appropriate and would result in
progress toward attainment of any NAAQS. Clean-fuel vehicle sales
are to allocated among participating areas based on population,
vehicle sales, and other relevant factors.
The regulations promulgated by the Administrator must also
provide for the availability of clean alternative fuels in the
areas in which clean-fuel vehicles are to be sold. The
Administrator is to determine the clean alternative fuels to be
made available based on automakers' projections of clean-fuel
vehicle sales and consultations with affected State and local
governments. If the Administrator finds (1) that the sale of
clean-fuel vehicles has created a demand for clean alternative
fuels outside the areas in which such vehicles are sold or (2) that
automakers are prepared to sell on a broad basis vehicles that are
designed to operate exclusively on clean alternative fuels, he may
also require that clean alternative fuels be made available along
major nationwide transportation corridors. In addition, the
Administrator is authorized to grant transferable credits for
exceeding applicable requirements and to establish specifications
for clean alternative fuels to reduce or eliminate any unreasonable
risk such fuels may pose to public health, welfare and safety, or
to ensure adequate vehicle performance and maintenance.
The Administrator may make adjustments to the programs under
specified circumstances. First, if one or more areas opt into or
out of the clean-fuel vehicle program, the Administrator is
required to revise the total number of required clean-fuel vehicles
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sales in proportion to the change in total population covered by
the program. Second, the governor of a state containing an area
participating in the clean-fuel vehicle program may request that
more clean-fuel vehicles be sold in that area than the program
would otherwise require. If the request is appropriate and would
result in progress toward attainment of any NAAQS, the
Administrator is to increase the number of clean-fuel vehicles to
be sold in the area by the amount requested. Third, if the
Administrator revises the clean-fuel vehicle sales requirement, he
is also required to revise as appropriate the clean fuel
availability requirements. Fourth, if he finds that delaying the
vehicles sales or fuel availability requirements would
substantially increase the benefits or lower the costs of the
clean-fuel vehicle program, or is appropriate due to the likelihood
of a national economic recession, he may postpone the requirements
by up to two years and revise the number of clean-fuel vehicles
that must be sold as appropriate. Any additional vehicle sales or
fuel availability requirements prescribed by the Administrator are
to take effect only after such period as he finds necessary for the
requisite vehicles or fuels, to be made available.
In developing, the regulations to implement the bus and cJenn-
fuel vehicle programs,' the Administrator is directed to consult
with the Secretaries of the Department of Energy and the Department
of Transportation. The Administrator is also authorized to obtain
information needed to enforce the two programs from manufacturers,
distributors and retailers of vehicles and fuels.
Finally, section -202(a)(4) of the current Act is amended to
establish that any aspect of vehicle design used to meet
requirements prescribed under title II, including new section 212,
may not cause or contribute to an -unreasonable risk to public
health, welfare, or safety in its operation or function.
This section replaces the former section 212 which had
established a low emission vehicle board to promote the development
of low emission vehicles. The board was abolished in 1980 by
Public Law 96-208, 94 Stat. 98.
Section 202.
Emissions of Hydrocarbons, Carbon Monoxide, and
Oxides of Nitrogen From Passenger Cars.
This section phases in tighter passenger car emission
standards for nonmethane hydrocarbons and oxides of nitrogen and
maintains the current standards for total hydrocarbons (as a cap
on methane emissions) and carbon monoxide (CO). Forty and 80
percent of each automaker's 1993 and 1994 model year cars
respectively and 100 percent of 1995 and later model year cars are
required to meet a nonmethane hydrocarbon standard of 0.25 grains
per vehicle mile ("gpm") and an NOx standard of 0.70 grams per
mile. For total hydrocarbons and CO, the section sets forth the
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current numerical, standards instead of retaining the percentage
requirement language of the current statute.
The Administrator is also directed to revise the regulations
to reflect the statutory change of standards within 180 days of
the bill's enactment. The section clarifies the Administrator's
authority to tighten passenger car standards as needed to protect
health and welfare, considering costs.
This section further amends section 202(b)(l) by deleting
provisions that specified passenger car standards for model years
1977 through 1980. Since those vehicles are now beyond their
statutory useful life (five years or 50,000 miles), the standards
are no longer applicable. Also deleted is language referring to
the availability of waivers from the 1981 and later model year
carbon monoxide standard, since section 202(b)(5) made those
waivers available only for 1981 and 1982 model year vehicles.
Similarly, the provision permitting the Administrator to relax the
1981 and later model year oxides of nitrogen standard for 1981 and
1982 model year vehicles is deleted.
Section 203.
Emissions of Hydrocarbons and Carbon Monoxide From
Light-Duty Trucks.
This section phases in tighter hydrocarbon and carbon monoxide
emissions standards for light-duty trucks on the basis of loaded
vehicle weight. For lighter trucks (3,750 Ibs. and under), the
standards are 0.41 gpm of total hydrocarbons and 4.20 gpm of carbon
monoxide. For heavier trucks (over 3,750 Ibs.), the emission
standards are 0.50 of total hydrocarbons and 5.50 gpm of carbon
monoxide. Fifty percent of each automaker's 1994 light-duty trucks
and 100 percent of 1995 and later model year light-duty trucks are
required to meet the tighter standards.
Since the current Act does not define light-duty trucks, this
section also amends section 216 to include the definition of light-
duty trucks promulgated by the Administrator under the Act. In
addition, it directs the Administrator to revise the regulations
applicable to light-duty trucks within 180 days of the bill's
enactment to reflect the statutory change in standards. It also
specifies the Administrator's authority to tighten light-duty truck
standards as needed to protect public health and welfare,
considering costs.
Section 204. Carbon Monoxide Emissions At Cold Temperatures.
This section adds a new subsection (h) to CAA section 202,
providing for a reduction in emissions of carbon monoxide (CO) from
passenger cars and light-duty trucks when operated at 20 degrees
Fahrenheit. As a first step, the section establishes cold
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temperature CO emission standards to be met by 1993 and later mode!
year passenger cars and light-duty trucks when tested at 20 degrees
Fahrenheit. Specifically, the section directs the Administrator
to establish a passenger car cold temperature CO standard of no
higher than 10 grams per mile and requires that light-duty trucks
meet a standard of comparable stringency.
To provide manufacturers with flexibility in meeting the
standards, the section permits the standards to be met on average
by each manufacturer's fleet. It also provides for phasing in the
standards over the 1993 through 1995 model years; at least 40
percent, 80 percent and 100 percent of 1993, 1994 and 1995 and
later model year vehicles, respectively, must meet the standards.
Regulations implementing the requirement for cold CO emission
reductions must be promulgated within 12 months of the bill's
enactment.
For the second step, the Administrator is directed to assess
by December 31, 1993, the need for and feasibility of further
reductions in cold CO emissions, and is authorized to promulgate
regulations applicable to 1998 and later model year vehicles
requiring further reductions in cold CO emissions as warranted.
In addition, the section authorizes the Administrator to require
reductions in cold CO emissions from heavy-duty vehicles, as he
deems appropriate.
Section 205. Evaporative Emissions.
This section directs the Administrator to issue regulations
within 18 months of the bill's enactment requiring reductions in
evaporative emissions from all gasoline-fueled vehicles during
operation (running losses) and during sustained periods of nonuse,
under summertime conditions conducive to the formation of ozone.
The regulations are to require the greatest degree of emissions
reduction achievable by means reasonably expected to be available,
taking into account cost, safety and energy factors. They are also
to take effect as soon as the means for achieving the reductions
are available for production.
Section 206. Mobile Source-Related Air Toxics.
Under this section, the Administrator is required to complete
within 18 months of the bill's enactment a study of the need for
and feasibility of controlling toxic emissions which are currently
unregulated under title II and associated with motor vehicles and
motor vehicle fuels. The section also authorizes the Administrator
to regulate mobile-source related air toxics as he deems
appropriate based on the study and other information available to
him.
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Section 207. Emission Control Diagnostics Systems.
This section authorizes the Administrator to require that
motor vehicles be equipped with computer systems capable of
diagnosing.problems affecting emission-related systems and alerting
vehicle owners to the need for repairs to maintain compliance with
emission standards. Specifically, the section requires that
emission control diagnostics systems be capable of: 1) identifying
emission-related systems malfunctions or deterioration; 2) alerting
the vehicle operator to the need for maintenance; 3) storing such
information; and 4) providing access to such information for
maintenance and testing.
To increase the usefulness of emission control diagnostics
systems, the section further authorizes the Administrator to
require state inspection and maintenance programs to inspect such
systems and to require the repair of any identified malfunctions
or deterioration. The Administrator may also require manufacturers
to provide information needed to make use of the diagnostics
systems to any person engaged in the business of repairing or
servicing motor vehicles. To ensure that diagnostics systems
operate properly in-use, the Administrator may recall vehicles for
the purpose of correcting malfunctions or improper operation of the
system. In addition, the section amends section 207 of the Act to
extend the warranty coverage provided for emission-related systems
to include emission control diagnostics systems.
Section 208. Heavy-Duty Trucks.
This section extensively revises section 202(a)(3)(A) to
provide the Administrator with greater flexibility in setting
emissions standards for heavy-duty vehicles or engines {HDEs).
Specifically, the section deletes the statutory standards for HDEs,
and instead requires the Administrator to set technology-forcing
emission standards, considering cost, energy and safety factors.
The window periods for standard-setting and four-year lead time
requirement are also deleted. The Administrator may instead
tighten standards as he finds appropriate and provide such lead
time as he finds necessary to permit the development of the
requisite technology (the approach taken by the current Act
concerning lead time for all other vehicle emission standards).
Section 202{a)(3)(A)(ii) is further revised to clarify that in
setting HDE standards EPA may differentiate among HDEs based on
the type of fuel used.
Finally, the Administrator is authorized to study the impact
of heavy-duty engine rebuilding on engine emissions and, if
warranted, to regulate rebuilding practices, including promulgation
of standards applicable to engines after their typical useful life.
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Section 209. Non-Road Engines and vehicles.
This section provides the Administrator with authority to
regulate vehicles or engines not used- primarily on roads and not
regulated under either section 202 or section 111 (authorizing the
establishment of new source performance standards) of the Act.
Specifically, the section authorizes the Administrator to
promulgate emissions standards applicable to those types of non-
road vehicles or engines that he finds cause or contribute to air
pollution that endangers public health or welfare, taking costs
into account.
The section also follows current section 202{a)(4) in
specifying that no emission control device used on non-road engines
or vehicles to meet emission standards may present an unreasonable
risk to public health, welfare or safety. It further provides that
any emission standard promulgated for non-road engines or vehicles
be treated like a section 202 (on-road vehicle or engine) emission
standard for purposes of determining compliance with and enforcing
such a standard.
This section replaces existing section 213 which required the
Administrator and the Secretary of Transportation to conduct a fuel
economy improvement study. The study has been completed.
Section 210. Vehicle Certification.
This section amends section 206 to ensure that vehicles that
pass the federal test for determining compliance with emission
standards can also pass state inspection and maintenance (I/M)
tests. The Administrator is directed to revise the regulations
governing the certification of vehicles to include test procedures
capable of determining whether properly maintained 1993 and later
model year passenger cars and light-duty trucks will pass EPA-
sanctioned I/M tests under conditions encountered in the conduct
of such tests. EPA's revised test is to reflect reasonably likely
I/M test conditions as pertains to fuel characteristics, ambient
temperature and short waiting periods before tests are conducted.
A manufacturer's vehicles must be able to pass the revised test to
receive certificates of conformity.
This section also clarifies the Administrator's authority to
permit manufacturers to demonstrate compliance with applicable
standards through averaging, trading arid banking of emission
credits. In addition, it limits the small volume manufacturers'
exemption from lengthy testing establishing-a vehicle's ability to
meet applicable standards over its useful life to original
equipment manufacturers. • - "
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Section 211. In-Use Compliance—Recall.
This section revises section 207 to phase in the passenger
car 0.25 gpm nonmethane hydrocarbon standard and the light-duty
truck 0.41/0.50 gpm total hydrocarbon standard and 4.20/5.50 gpm
carbon monoxide standard as they apply to recall determinations.
The phase-in schedule for the passenger car nonmethane hydrocarbon
standard is the same as that applicable to cars sold in California,
and the phase-in schedule for the light-duty truck standards is
similarly patterned after that applicable in California. The
section also specifies that the Administrator may require
manufacturers to perform recall tests and to audit the
effectiveness of repairs performed by dealers pursuant to a recall
plan.
Section 212. Compliance Program Fees.
This section provides the Administrator with specific
authority to assess manufacturers fees to recover the costs
associated with operating the motor vehicle compliance and fuel
economy programs, including the development and implementation of
related policies, procedures and regulations. It grants the
Administrator broad discretion in devising a fee schedule and
expressly authorizes a fee schedule based on the number of vehicles
produced under a certificate of conformity. It also specifies that
any fees collected be deposited in a special fund in the U.S.
Treasury for use by EPA in carrying out the programs.
Section 213. Information Collection.
This section amends section 208 to extend the requirement to
maintain records and provide information to manufacturers of new
motor vehicle or engine parts or components. It also requires
manufacturers of vehicles, engines or parts to perform such tests
and provide such data as the Administrator may reasonably require
to determine compliance with applicable requirements under the Act
and to assist in the development of new regulations.
Correspondingly, the section broadens the Administrator's
inspection authority so that he may observe required testing or
obtain required data. In addition, it provides that authorized
contractors acting as representatives of the Administrator may
conduct inspections or have access to business sensitive
information.
Section 214. Fuel Volatility.
This section requires the Administrator to promulgate within
six months of the bill's enactment regulations requiring additional
reductions in the volatility of gasoline during the high ozone
season (approximately the summer months). The section specifies
a maximum Reid vapor pressure standard of 9.0 pounds per square
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inch and requires the Administrator to establish more stringent
Reid vapor pressure standards as needed to generally achieve
comparable evaporative emissions (on a per vehicle basis)
nationwide, taking into account such factors as enforceability,
environmental need and costs. The regulations implementing the
volatility requirements are to take effect no later than the 1992
ozone season, and may permit gasoline containing at least 9 but
not more than 10 percent ethanol (by volume) to exceed the
volatility requirements by up to 1.0 pounds per square inch.
Section 215.
Diesel Fuel Sulfur Content.
This section requires a reduction in the sulfur content of
diesel fuel that will in turn reduce diesel vehicles' emissions of
sulfates and ease compliance with the stringent 1994 participate
matter standard applicable to heavy-duty diesel
vehicles. Specifically, the section prohibits as of October 1,
1993, the manufacture, sale or transport of motor vehicle diesel.
•fuel having a sulfur content of greater than 0.05 percent (by
weight) or a cetane index below 40. It requires the Administrator
to promulgate within 12 months of the bill's enactment regulations
to implement and enforce the prohibition. It also specifically
authorizes the Administrator to require refiners to dye fuel not.
subject to the sulfur content limitations in order to segregate it
from the regulated fuel.
To reflect the change in diesel sulfur content that will occur
over the useful life of 1991 through 1993 heavy-duty diesel
engines, the section requires that the sulfur content of fuel used
to certify diesel engines for those model years be 0.10 percent (by
weight). It further requires that certification fuel used for 1994
and later model year diesel engines comply with the lower sulfur
content and cetane index minimum requirements applicable to motor
vehicle diesel fuel after October 1, 1993.
Section 216. Non-Road Fuels.
Section 211 of the current Act authorizes the Administrator
to regulate motor vehicle fuel and fuel additives as needed to
prevent damage to motor vehicle emission controls and to protect
public health and welfare. This section expands that authority to
include fuel and fuel additives for non-road vehicles and non-road
engines, for which section 208 of this bill authorizes the
Administrator to establish emission standards.
Section 217. Fuel Waivers.
This section amends section 211(f) to clarify that the
requirement to obtain waivers for new fuels and fuel additives not
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substantially similar to the fuels used in vehicle certification
applies not only to unleaded gasoline but to all other fuels and
fuel additives, including leaded gasoline, diesel fuel, and
consumer additives.
Section 218. Market-Based Alternative Controls.
Under this section, the Administrator is directed to issue
regulations within 12 months of the section's enactment to allow
automakers to engage in "emissions trading" and fuel refiners to
engage in "fuel pooling" to the maximum extent feasible in ozone
nonattainment areas with a 1988 ozone design value at or above 0.18
parts per million and a population above 250,000. The regulations
are to establish performance standards for motor vehicles and motor
vehicle fuels marketed in those areas based on likely emissions
reductions that would be achieved by the control measures for which
alternative measures could be substituted. Automakers and fuel
refiners could then choose to undertake emission control measures
different in type or degree from the prescribed measures they would
replace, so long as they demonstrated to the Administrator that the
combination of measures they selected would meet the performance
standards. Companies could also trade emission reduction credits
for use in demonstrating compliance with performance standards.
If companies could not demonstrate alternative means of meeting the
performance standards, they would be required to comply with the
prescribed control measures.
Under this section, the Administration is also authorized to
promulgate regulations permitting manufacturers and fuel refiners
"trade" and "pool" emissions reductions from nationwide control
measures. It replaces existing section 214 which required a study
of particulate emissions from motor vehicles and a report to
Congress. The study and report have been completed.
Section 219. Preemption of State Fuel Regulation.
This section makes two changes to section 211(c){4)(A)(ii}
regarding the preemption of State fuel regulations by federal
rules. First, it clarifies that a federal fuel or fxiel additive
regulation only preempts a nonidentical State regulation governing
the same component or characteristic of the fuel or fuel additive.
Second, it further defines the basis on which EPA may approve state
implementation plan provisions that regulate motor vehicle fuel or
fuel additives in a manner nonidentical with applicable federal
regulations. The current Act states that EPA may approve
inconsistent State fuel or fuel additive regulations when such
regulations are "necessary to achieve" primary national ambient air
quality standards. This section defines "necessary to achieve" as
meaning' that no other reasonable or practicable measures are
available to bring about timely attainment.
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Section 220. Enforcement.
This section broadens and strengthens the Administrator's
enforcement authority in several ways. First, the section amends
section 203 to conform to new provisions, including new .section
212 (relating to clean-fuel vehicles and buses) and amended sect.!on
208 (relating to recordkeeping and reporting).
Second, this section further revises section 203 to extend
liability for tampering with emission controls to individual
vehicle owners and to manufacturers or sellers of devices used to
defeat or impair emission controls.
Third, the amendment revises section 205 to raise from $10,000
(set in 1970) to. $25,000 the maximum civil penalty that can be
levied for a violation of certain vehicle requirements. The
section also provides that violations of recordkeeping or reporting
requirements may be calculated on a per day basis (as in Title I
of the Act) to provide adequate deterrence.
Fourth, new authority is provided to the Administrator to
assess administrative penalties for violations of sections 203,
211 and 212 that total up to $200,000 (unless the Administrator
and the Attorney General determine that a case involving a larger
penalty amount is appropriate for administrative assessment). Any
such assessment can only be made after a hearing before the
Administrator, and the amount of the penalty is to be based on the
weighing of statutorily prescribed factors.
Fifth, the section revises the section 211(d) penalty
provision, which currently provides for a mandatory forfeiture of
$10,000 per day for violations of section 211 or fuel regulations
issued under that section. It replaces the mandatory forfeiture
provision with a provision for a civil penalty of up to $25,000
per day for each violation plus the economic benefit of
noncompliance. In addition, the section clarifies that in the case
of violations of fuels standards based on a multi-day averaging
period (such as exists in the lead phasedown program), each day
during the averaging period is intended to constitute a separate
day of violation. It also provides injunctive authority to
restrain violations of fuels regulations, as is already available
for violations of vehicle and stationary source requirements.
Sixth, the section adds a prohibition against misfueling. Any
person, including an individual, may be held liable for civil.
penalties for introducing leaded gasoline into vehicles which are
designed to operate exclusively on unleaded gasoline. This section
replaces existing section 211(g) which stipulated that prior to
October 1, 1982, small refiners may not.be required to reduce the
lead content of the gasoline they produce to the same extent as
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large refiners. Small refiners have been subject to the same lead
content limitations as large refiners, since July 1, 1983, so
existing section 211(g) has no continuing effect.
Section 221. Technical Amendments.
This section revises various sections of the act to delete
outdated provisions and to improve the organization of Title II.
For ease of reference, the definitions that are currently
found in section 202 are transferred to section 216 which includes
other definitions also applicable to section 202.
The section also deletes the provisions making available
waivers from the carbon monoxide standard for 1981 and 1982 model
year passenger cars and waivers from the oxides of nitrogen
standard for 1981 through 1985 model year cars, since those
vehicles are generally past their statutory useful life.
The exemption from the tampering prohibition available for fuel
system modifications on vehicles manufactured before the 1974 model
year is deleted since any such vehicles are long past their useful
lives.
The provision requiring a study of aircraft pollutants is
deleted because the study has been completed. The section also
deletes the provision for an annual report to Congress on the
development of emissions control systems needed to meet the
standards established in section 202 (b) by the 1977 Clean Air Act.
Amendments, since those systems have been developed and the
standards met. It similarly deletes the provision for a study on
the feasibility of specified high altitude requirements, since that
study has been completed. In addition, the requirement that
manufacturers build prototype research vehicles demonstrating new
emission control technologies is deleted. The section also removes
the requirement that the Administrator publish certification test
results in the Federal Register.
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Title III—HAZARDOUS AIR POLLUTANTS
Section 301.
Technology-Based
Pollutants.
Standards for Hazardous Ai r
Title III would replace
112 of the Clean Air Act.
General
the existing provisions of section
A major goal of the bill is to attain a basic Level of good
control of routine multipollutant emissions by significant sources
of hazardous air pollutants. The pollutants to be controlled are
listed in section 112. The approach the section takes is to
mandate maximum achievable control technology (MACT) based on cost
and feasibility considerations for listed source categories.
Another major goal is to increase the role of State and local.
agencies in implementation and enforcement of air toxics controls.
This Title and Title IV provide for implementation of national
standards by state and local agencies through an operating permit
system supported by permit fees. These .agencies would also
administer an alternative compliance program under which sources
could obtain an exemption from national standards by demonstrating
that their emissions cause negligible risk to public health, and
could obtain certain credits for- voluntary emissions reduction.
New Section 112(a)—Definitions
Major Sources:
A major source is defined as one that emits more than 10 tons
per year (tpy) of a single, listed pollutant or 25 tpy of a
combination of listed pollutants. For radionuclides, the
Administrator will define major sources by regulation, considering
radiation dose. For purposes of these definitions, all emissions
of listed pollutants are counted from all points within a plant
boundary (contiguous property under common ownership). This is to
assure that emissions from the facility as a whole are adequately
controlled.
EPA has discretion to define major source as one emitting less
than 10 tpy or 25 tpy based on the potency or other characteristics
such as persistence of an emitted pollutant. Sources could
voluntarily reduce their emissions to below the cutoffs to avoid
regulation as major sources.
Because there are a variety of methods for measuring and
estimating total emissions, EPA would define these methods for
regulated source categories. Each source category emission
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standard should address this so that all sources have the same
expectation about how their status will be defined for regulatory
compliance purposes.
Area Sources:
Area sources are small point sources (non-major) that would
be regulated by category just as major sources are. They differ
in that the basis for regulating them is the adverse effect of
their combined emissions rather than the effect of any single
source.
New Source:
A new source is a stationary source the construction,
including reconstruction, of which is commenced after proposal of
a standard under subsection (d) or (f). The interpretation of
"reconstruction" would be as current rules provide under section
lll(a).
Electric Utility Steam Generating Unit:
A definition is provided for. fossil fuel fired units which
will be subject to study and a report to Congress. The study and
report concern the hazards that may remain after Title V controls
and whether they should be regulated. Until the report is made
and considered, these units are not regulated under this section.
Other Terms:
"Stationary Source", "owner or operator", and "existing
source" have the meaning the terms currently have under section
lll(a).
N_ew_ Section 112(b)—Hazardous Air Pollutant List
The pollutants to be controlled are listed in subsection (b).
There are about 191 chemicals and chemical categories.
The Administrator may add or delete a pollutant from the list
on the basis of criteria relevant to whether the pollutant is an
air pollutant reasonably anticipated to cause certain chronic or
acute health effects. The public may petition for additions or
deletions. The Administrator must act on such a petition within
18 months of its receipt.
The list is the basis for identifying the source categories
to be controlled. The purpose is to identify and regulate source
categories according to their emissions of pollutants on the list,.
The Administrator is authorized to use any authority available
to him -to acquire health effects information when information on
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pollutant.
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is insufficient for a determination on listing a
New Section 112(c)—Source Category List
Sources are to be regulated by category. The categories would
be made up of sources that are alike in terms of their -commercial
product and their operational process. Categories could reflect;
product groupings such as tire manufacturing or butadiene-styrene
rubber production, or service groupings, such as dry cleaning,
degreasing, or tank farms. Sources are brought into a category by
commonality of product, process, or service. The Agency is
authorized to subdivide categories into subcategories
units, based on important factors such as size,
or other circumstances resulting in sources within
being dissimilar or not amenable to"similar controls.
or smaller
process, emissions
a category
A list of source categories for which emission standards will
be considered will be published within 12 months of enactment;.
This list will be revised periodically in response to comments and
new. information. The Agency will hold the list open for comment;.
permanently as a continuing agenda.
The list will contain categories and- subcategories of major
sources of listed pollutants. It will also contain categories and
subcategories of area sources designated as warranting regulation
because of their aggregate emissions or potential aggregate
emissions.
The Administrator may decide not to list a source category or
subcategory because its emissions are already adequately controlled
under the Clean Air Act or any other Federal statute or regulation.
On the other hand, he may list a category or subcategory previously
regulated under section 112. The Administrator may withdraw a
category or subcategory from the list if the sources present a
negligible risk to public health. For instance, if all sources
covered would be able to demonstrate, under procedures of section
112(g), that risks associated with their emissions are negligible,
it may be unnecessary to promulgate an emissions'standard for them.
New Section 112(d)--Maximum Achievable Control Technology
Emission Standards (MACT)
The emission standards promulgated for listed source
categories would be performance or work practice standards
requiring the maximum, achievable degree of reduction in emissions
by major sources (and designated area sources). The reduction
strategies that may be considered include measures to: reduce
volume through process change or substitution of material; enclose
systems to reduce or eliminate emissions; collect, capture, or
treat emissions; utilize work practices that control emissions; or
require facility operator training or.certification. Combinations
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of the above may be required.
For a new source standard, MACT will be at least as stringent
as the best emissions control achieved in practice by a similar
source. For an existing source standard, MACT will be at least as
stringent as emissions control typical of the best performing
similar sources. MACT for area sources may require use of
generally available control technologies, if the Administrator
elects this level of control. Standards for radionuclides shall
be set based on radiation dose.
The considerations for determining what the maximum achievable
degree of reduction is for a source category include cost and
feasibility of control, other air quality related health and
environmental impacts, and energy requirements. Any relevant
measure of cost may be considered in deciding what is achievable,
including comparisons of the emissions reduction and the cost of
the reduction, and whether the controls are affordable for the
sources as a group. In order to efficiently issue standards by
the required schedule, the Agency may use a system of generic
technical standards. These generic standards would cover the
kinds of controls that are common to many source categories.
New sources would be required to be in compliance witli a MACT
standard upon its effective date. Existing sources would be
required to be in compliance on a date required by the
Administrator within three years of the effective date.
New Section 112(e)--Schedule for Standards
The Agency is directed to promulgate regulations for 1/2 of
the initially-listed source categories. The source categories to
be regulated that are in the remaining 1/2 of the initial list will
be designated within 7 years of enactment, with promulgation to
come in two stages. The required schedule for standards will be:
First 1/2 of the initial list:
o 10 source categories within 2 years of enactment.
o 25% of initially-listed categories within 4 years of
enactment.
o 50% of initially-listed categories within 7 years of
enactment.
Second 1/2 of the initial list:
o All designated, initially-listed source categories
within 10 years of enactment.
Priority of Source Categories For Regulation
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The relative priority of the source categories to be regulated
mandatorily within 7 years of enactment are to be determined by
considering several factors:
1. Quantity and location of emissions.
2. Known or anticipated adverse health effects.
3. Efficiency of grouping categories or subcategories by
pollutants emitted or process or technology used.
The administrative efficiency of regulating similar categories
at the same time would be taken into account.
New Sect ion 112 (f)--Unreasgnab 1 e Rj,sk Eva luat i on
Within 7 years after promulgation of a MACT standard, the
•Administrator will evaluate the risks to the public health
remaining after application of the standard.
This evaluation will rely on data maintained about the actual
emissions reduction achieved under the MACT standard. The up to
7-year post-promulgation period for performing the evaluation
allows time for compliance to occur (up to 5 years for existing
sources, if there is a 2-year extension under H2(g)), plus time
to measure performance after compliance, and perform the evaluation
analysis.
If the Administrator finds that residual risk from a source
category or portion thereof presents an unreasonable risk of
adverse effects on public health, he is directed to promulgate an
additional standard within 2 years of the risk evaluation. The
standard would require an additional emissions reduction to protect
the public health from the unreasonable risk.
A source that is new after the date of proposal of a standard
addressing residual risk must be in compliance with the final
standard when it is effective. An existing source must be in
compliance on a date no later than 6 years after its effective date
as the Administrator requires.
New Section 112(g)—Alternative Emissions Limitations
A State with a program approved under Title IV may issue a
permit that authorizes a major source to comply with emissions
limitations in lieu of standards under this section if the source
demonstrates that complying with these alternative limitations,
results in emissions which present a negligible risk to public
health.
The Administrator must publish rules within 2 years of
enactment establishing criteria for this demonstration. In
addition the Administrator must publish guidance and information
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on methods for assessing risk and evaluating evidence submitted in
support of a demonstration.
A state with an approved program may also authorize
alternative limitations in two other cases. The first is when any
existing source shows that it .has voluntarily achieved a 90%
emissions reduction of organics or 95't, of participates within five
years prior to proposal of a standard. The emissions limitations
resulting from such voluntary action may tae permitted in lieu of
those required under a section 112 standard.
The second is when a source has installed controls required
under certain other numerated Clean Air Act provisions or has
voluntarily achieved control equal to those requirements. The
permit may authorize the limitations associated with those controls
in lieu of compliance with section 112(d) standards, for a period
of five years after the compliance date for the H2(d) standards.
Provisions to define "voluntary" and conditions for defining the
baseline are described. The Administrator must publish rules to
carry out these provisions within two years of enactment. ' !
A state with an approved program may also grant an extension
of up to 2 years for compliance by existing sources with a section
112(d) standard when additional time is needed to install controls.
If the State in which a source is located does not have a
program approved under Title IV, the Administrator may grant any
extensions authorized under this subsection for such source.
Mew Section H2(h)—Pre-construction and Operating Requirements
This subsection conditions construction arid operation on
compliance with applicable standards.
Mew Section 112(i)—Technical Assistance
Provisions in this subsection cover technical assistance by
the Agency for state and local agencies and research by the Agency.
New Section 112(i)—Presidential Exemption
For reasons of national security the President may exempt any
source(s) from requirements of this section for a renewable period
of two years.
New Section 112(k)—Savings Provision
This subsection preserves effectiveness of regulations issued
under the superceded section 112 language. Regulations under court
review on the date of enactment shall be reviewed under the prior
language of 112. A standard remanded to the Agency may be
considered by the Administrator under terms of either the prior or
the amended section.
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The subsection states that certain actions are not final
agency action for purposes of judicial review.
New Section112 (1)--Appropriations
This subsection authorizes appropriations to carry out the
section.
New Sect ion. ..112 (m)—Electric Utilities
The Administrator is directed to perform an assessment of the
hazards to public health which may be associated with emissions
listed under this section from certain electric utilities of
pollutants after their implementation of emission controls required
under Title V of this Act. The Administrator is directed to report
the results of this study to the Congress1within three years after
enactment. The Administrator shall develop and describe in his
report to the Congress, alternative control strategies for
emissions from affected sources warranting regulation under this
section. The Administrator may not regulate such sources under
this section unless he finds such regulation appropriate and
necessary considering results of the study.
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TITLE IV—PERMITS
Section 401. Permits.
This section adds a new title IV to the Clean Air Act to
establish a permitting program for certain stationary sources.
New CAA Sec. 401—Definitions
This section defines the central terms used in this title.
These include the terms "affected source", "schedule of
compliance", and "permitting authority." Other terms.are defined
by reference to the section of the Act where they are initially
used and defined.
New CAA Sec. 402—Permit Programs
In General:
This title requires States or interstate agencies to submit
to the Administrator comprehensive permit programs under State law
or under interstate compacts for regulating stationary sources that
are subject to one or more of the regulatory programs under the
Act: State implementation plan (SIP) requirements, new source
performance standards, emission standards for hazardous air
pollutants, PSD and nonattainment new source review, and acid
deposition controls under the new title V. This comprehensive
program is patterned generally after the program that now applies
to point sources of water pollution under the Clean Water Act. EPA
must issue regulations governing the programs, including
requirements for adequate State statutory authority and permit
fees. The permit fees are required to recoup all direct and
indirect costs of administering the air pollution control program
related to the permitted sources, including the portion of such
costs as emission and ambient monitoring, modelling, and
preparation of generally applicable regulations and attainment
demonstrations that may be attributed to the permitted sources.
A State is required to submit a permit program to the Administrator
not later than three years after enactment. If the State fails to
submit a completely approvable program, the Administrator has
discretionary authority to apply the sanctions that generally apply
to failure to submit SIPs, or to promulgate a complete or partial
federal permit program for the State. The Administrator may also
withdraw approval, or apply sanctions, if a State fails to
implement its program.
Partial Programs: -, ••>
The Administrator may approve partial permit programs covering
one of three specific portions of a complete program. Any such
partial program must apply all the requirements of that portion.
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For example, in order to obtain approval of a partial program to
control acid deposition, a State would have to show that it had
authority to apply to the affected sources all the requirements of
title V, but not that it had authority also to apply all
requirements of title I. Similar requirements apply to partial
approval of programs applying emission standards under section 112,
or programs applying title I requirements other than section 112.
Approval of a partial program would not relieve a State of the
requirement to submit a fully approvable program.
Interim Approval:
Interim approval, for a period not to exceed two years, would
be available for programs that substantially meet the requirements
of title IV.
New CAA Sec. 403—Permit Applications
Sources required to obtain a permit must submit a permit
application and compliance plan within six months after approval
of a permit program that applies to them, or six months after they
become subject to a permit requirement as a result of promulgation
of applicable standards. The State may set an earlier deadline for
applications.' submission of a timely and complete permit
application protects a source from enforcement for failure to have
a permit required under the applicable program until a permit is
issued to the source. Permit applications; permits, and monitoring
or compliance reports, must be made available to the public, except
that if a permit applicant is required to submit confidential
business information entitled to protection as a trade secret, the
applicant may submit the information in a confidential supplement
to its application, which will be handled under section 114 of the
Act.
New CAA Sec. 404—Permit Requirements and Conditions
States with fully approved* programs must issue permits that
apply, and ensure compliance with, all applicable requirements.
Permits must also set forth inspection, entry, monitoring, and
reporting requirements to assure compliance with regulatory
requirements. The Administrator may prescribe methods for
determining compliance and for monitoring and analysis of
pollutants. The methods would apply to determining compliance
generally under the Act, and in particular, to permits and permit
applications. Compliance with a permit constitutes compliance with
the regulatory requirements of the Act that are covered by the
permit program or partial program, except for standards under
section 112 based on eliminating an unreasonable risk, and
requirements under Title IV that the Administrator identifies by
rulev
General Permits:
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The permitting authority may issue general permits for
numerous similar sources within a geographical area. This
provision is designed to reduce the administrative burden of
permitting large numbers of similar sources, which may be small
individually, but which in the aggregate require control (for
example, as area sources regulated under section 112).
Temporary sources:
Some sources requiring permits do not operate at fixed
locations. These might include asbestos demolition contractors
and certain asphalt plants. This provision allows the permittee
to receive a permit allowing operations, after notification to the
permitting authority, at numerous fixed locations without requiring
a new permit at each site. Any such permit must assure compliance
at all locations of operation with all applicable requirements of
the Act, including visibility protection and PSD requirements.
Renewal permit conditions:
In general, renewal permits are required to be at least as
stringent as the permits they replace. For example, a source that
installed reasonably available control technology (PACT) based
controls would not be permitted to remove them, even if EPA
subsequently issued guidance suggesting that it would accept as a
general matter a lower level of control. There are several
exceptions to this general rule. For example, offsets or emissions
trades may be used to relax controls in permits; mistakes or new
information may justify a less stringent limit; or the permittee
may have installed controls that were anticipated to meet the
earlier limit, but due to circumstances beyond its control failed
to meet those limits. These exceptions are available only to
sources that demonstrate compliance with all applicable regulatory
requirements in effect at the time of permit reissuance, including
ambient standards, progress requirements, and applicable new source
and hazardous air pollutant standards.
New CAA Sec. 405—Notification to Administrator
and Contiguous States
Except where the Administrator waives review for a permit or
class of permits, the permitting State or interstate agency must
transmit to the Administrator a copy of each permit proposed to be
issued, and must notify each contiguous State of each application
for a permit and each proposed action on the application. The
Administrator may object to a permit within 90 days after receiving
notification if it fails to meet Clean Air Act requirements,
including the requirement that emissions from a source in one State
not interfere with attainment of standards in another. If the
permitting authority fails to respond adequately to the objection,
the Administrator may issue or deny the permit. The Administrator
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may also require a State to modify a permit for cause.
New CAA Sec. 406—Relation to Other Authority
This section clarifies that State authority to establish
additional permitting requirements not inconsistent with this Act
is preserved. It also specifies that title IV is not intended to
authorize any State or the Administrator to modify or revoke any
requirement of title V, including allowances granted under that
title.
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TITLE V—ACID DEPOSITION DEPOSITION CONTROL
Section 501. Acid Deposition Control.
This section adds a new title V—Acid Deposition Control—to
the Clean Air Act, consisting of new sections 501 through 515.
New CAA Sec. 501—Findings and Purposes
This new section contains the findings and purposes of the
acid deposition control program. In summary the findings include
that emissions of sulfur dioxide (SO;,) and nitrogen oxides (NOX)
are being transformed into acid deposition that represents a threat
to natural resources, ecosystems, materials, visibility and health.
Given that non-utility emissions of sulfur dioxide will have
declined by over 1 million tons between 1980 and 2000, the purpose
of this title is to reduce utility emissions of sulfur dioxide
sufficiently to achieve a 10 million ton reduction relative to 1980
levels and to reduce NOx emissions by 2 million tons from expected
levels. It is also the purpose of title V to encourage energy
conservation and pollution prevention as a long range strategy for
reducing air pollution and other adverse impacts of energy
production and use. Emission reductions will be achieved in two
phases -- phase one reductions are required after December 31, 1995
and phase two reductions are required after December 31, 2000.
New CAA Sec. 502—Definitions
This new section contains the definitions and meanings of key
terms used in this title.
New CAA sec. 503—Allowance Program for Existing Units
This new section describes the emission allowance system
proposed as the key implementation vehicle for Title V. To ensure
that the emissions reductions contemplated by this Title are met,
a limited number of emission allowances will be issued to affected
sources for each year based on a statutorily prescribed formula.
An allowance is a federal authorization to emit a ton of sulfur
dioxide or nitrogen oxides in a calendar year. Holders of these
allowances are prohibited from emitting S02 or NOX unless they hold
an equivalent number of allowances. In phase I, allowances can be
transferred among affected sources within a State and within an
interstate utility company. In phase II, allowances may be
transferred among affected sources within two multistate regions
of the county. Allowances may be transferred and banked according
to regulations in both phases. Nitrogen oxide allowances may be
traded for sulfur dioxide allowances, and vice versa, at an
exchange rate of 1.5 pounds of nitrogen oxides for 1 pound of
sulfur dioxide. When existing sources shutdown, they are allowed
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to keep (and transfer) their allowances. New sources will be
required to obtain allowances. EPA will track all emission
allowances and transfers.
Mew CAA Sec. 504—First Phase Sulfur Dioxide
Emission Reduction Program
This new section sets forth the first phase SO? reduction
program. All existing fossil fuel-fired steam electric generating
units larger than 100 MWe are required to limit their emissions
after December 31, 1995 to the tonnage equivalent of a 2.5
Ibs./mmBtu emission rate for S02 on an annual average basis. (The
tonnage equivalent is determined by multiplying the 2.5 Ib/mmBtu
rate times the annual average fuel consumption for 1985-1987.)
The phase one reduction requirements may be reassigned to one
or more alternative fossil fuel-fired units upon application during
the first phase by the owner or operator of the affected units.
The Governor of the State where the units are located may prohibit
the use of out-of-State coal.
New CAA Sec. 505—Second PhaseSulfur Dioxide
Endssion Reduction Program
This section sets forth the second phase SO-, emission
reduction program. Fossil fuel-fired steam-electric generating
units larger than 75 MWe with emission rates greater than 1.2
Ibs/mmBtu will receive SO2 allowances equal to the product of 1.2
Ib/mmBtu multiplied by the unit's historic (1985-1987) annual
average fuel consumption. Through the trading program established
by- section 503, allowances can be transferred among affected
sources. Units which are currently limited to an emission rate of
less than 1.2 Ib/mmBtu and generating units smaller than 75 MWe
will be required to emit at a rate no higher than their actiial 1985
emission rate.
New CAA Sec. 506—Nitrogen Oxides Emission Reduction Program
This new section contains the reduction requirements for NOX
sources. By rule, the Administrator will establish emission
standards for existing coal-fired steam-electric generating units
that are sufficient to reduce NOx emissions by 2 million tons below
projected emissions for calendar year 2000.
New CAA Sec. 507r-^:Permits and Compliance Plans
This new section establishes the permits and planning
requirements for the acid deposition control program. Sources
subject to title V are required to apply for first and second phase
permits. These will contain, among other things, the schedule of
compliance the source will follow to meet the requirements of this
program and, if applicable, the number of allowances initially
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allocated to the source. Permit applications for phase 1 are
required no later than 27 months after enactment; phase 2
applications by January I, 1995. Applicants may submit revisions
to their permit applications and compliance plans. Each permit
will contain the key enforceable provision that each source is
prohibited from emitting sulfur dioxide or nitrogen oxides in
excess of the allowances that it holds or rates prescribed for each
of those pollutants.
Mew CAA sec. 508--Repowered Sources
This new section establishes the availability of a non-
renewable three year extension of the stage two compliance dnt G
(i.e., until December 31, 2003) for any unit being repowered with
clean coal technologies specified in this title. Such repowered
sources would be required to meet a hybrid standard based on the
rated capacity of the boiler prior to repowering and the new
capacity of the boiler once repowered. Such sources would also be
exempt from meeting new source performance standards and would be
subject to streamlined new source review procedures if their
potential emissions are expected to increase.
New CAA Sec. 509—Election for Additional Sources
This new section establishes the terms under which existing
utility boilers smaller than 75MWe or with emission rates lower
than 1.2 Ibs/mmBtu and non-utility sources (e.g., industrial
boilers) may elect to participate in the emission allowance
transfer system.
New CAA Sec. 510--Excess Emissions
This new section establishes that the owners and operators of
sources that emit in excess of their allowances are liable for the
payment of an excess emission fee of $2000/excess ton. (This fee
is in addition to any penalty liability under other sections of the
Act. ) The fee is non-discretionary. In addition, units that
emitted in excess of their allowances must offset the excess
emissions by an equal tonnage amount in the year following the
excess.
New CAA Sec. 511—Monitorj,ng, Reporting
and Recordkeepinq Requirements
This new section establishes the Title V monitoring,
reporting, and record keeping requirements. All affected sources
will be required to install and operate continuous emissions
monitors (CEM) for S0?, NOX and opacity or employ a comparably
reliable method for continuously monitoring emissions and to keep
records and provide reports of emissions. This requirement is
necessary for verifying actual emissions performance for purposes
of ascertaining compliance, the availability of allowances for
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trade, and the amount of any excess emission fee and offset
liability.
New CAA Sec. 512—Compliance with Other Provisions
This new section establishes that compliance with Title V does
not. exempt or exclude sources from their requirements under an
other part of the Act, except that affected sources are exempt from
stack height requirements under section 123.
Mew CAA Sec. 513—Enforcement
This new section establishes the enforceability of the various
provisions of the Title.
New CAA Sec. 514--Report to Congress
This new section requires the Administrator to report to
Congress on the environmental effects of the emission reductions
required under this Title.
New CAA Sec. 515—Clean Coal Technology Regulatory Incentives
This new section provides regulatory incentives to encourage
the use of clean coal technologies. The Federal Energy Regulatory
Commission (FERC) is required to adopt regulations for a 5-year
demonstration program that would include establishment of an
incentive rate of return and a 10 to 20 year amortization period
for innovative emission control technologies. FERC is also
required to develop a process to negotiate a prudent level of
investment for clean coal and other innovative technology projects.
This section also exempts temporary arid permanent clean coal
technology demonstration projects from new source review
requirements under section ill and Parts C and D of the Clean Air
Act so long- as the demonstration project does not increase the
original facility's potential to emit for any pollutant regulated
tinder the Act. Finally, States are encouraged to provide
additional utility regulatory incentives for the promotion of clean
coal technologies.,
U.S. EPA Headquarters Library
Mail code 3201
1200 Pennsylvania Avenue NW
Washington DC 20460
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TITLE VI—PROVISIONS RELATING TO ENFORCEMENT
Section 601. Section 113 Enforcement
This section amends existing Clean Air Act (CAA) section 113
to accomplish several important goals:
Clarification of 3Q-dav Notice Provisions
Section 113 is amended to clarify and confirm that the 30-day
notice period is not a shield to protect sources. Subsection
113(a)(l) is amended to clarify and confirm that the 30-day notice
provision is intended solely to allow the states an opportunity to
exercise their civil enforcement prerogatives before Federal
enforcement action is initiated. Subsection ll3(b)(2) is likewise
amended to clarify and confirm that a source is liable for
penalties for all violations of a SIP, even if the violations pre-
date the Notice of Violation. Amendments to subsection 113{a)
clarify and confirm that the 30-day notice provision for civil and
administrative SIP actions is inapplicable to criminal actions.
Furthermore, the amendment clarifies and confirms that, as with all
other environmental statutes, the option of proceeding criminally
is not excluded by the bringing of an administrative or civil
action. • ,
Expanded Administrative Compliance Order Authority
Subsection H3{a){4) is amended to authorize EPA to issue
administrative orders with non-renewable compliance schedules of-
up to 12 months' duration. This provides EPA with the ability to
expeditiously resolve violations administratively, while still
protecting against extensions of applicable compliance deadlines.
EPA will retain authority to pursue civil penalty actions,
contractor listing and other appropriate remedies until compliance
is achieved, and the issuance of an order will not insulate a
source from criminal prosecution.
Ensuring Full Enforceability of Stationary
Source Statutory Requirements
Section 113 is amended to ensure that administrative, civil
judicial, and criminal sanctions may be imposed for any violation
of any requirement of titles I, III, IV or V of the Act, including
any rule, order, waiver, permit, plan or fee requirement
promulgated or approved under the Act. This amendment ensures
enforceability of new requirements proposed elsewhere in the
Administration's bill.
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Enhanced Criminal Sanctions Authority
Subsection 113(c) , which currently authorizes only
misdemeanor-level criminal sanctions for violations of the Act, is
amended to authorize felony-level sanctions for certain knowing
violations and misdemeanor-level sanctions for certain negligent
violations.
The paragraphs in subsection 113(c) are also reordered and
recodified), New paragraphs 113(c)(l) and (c)(2) authorize
misdemeanor-level criminal sanctions against anyone who knowingly
fails to pay a fee owed the government or who negligently violates
amended section 112 and thereby places another person in imminent
danger of death or serious bodily injury. New paragraph 11.3(c)(f>)
authorizes felony-level sanctions against anyone who knowingly
violates amended section 112 or releases of certain specified
extremely hazardous substances and toxic chemicals and who knows
at the time that another person is thereby placed in imminent
danger of death or serious bodily injury.
Existing CAA paragraph 113(c)(2) (new paragraph 113(c)(4)),
which establishes criminal liability for knowing fal.se statements
and falsification or tampering with monitoring devices, is amended
to include liability for: knowing failures to act; knowing
omissions of material, information; the knowing destruction,
alteration, concealment, or failure to maintain documents necessary
for CAA compliance; arid knowing failures to install necessary
monitoring devices. It also increases the maximum term of
imprisonment for this category of violation from six months to two
years, and the $10,000 penalty cap with a reference to title .1.8
U.-S.C. , which provides for maximum fines of $250,000 for
individuals and $500,000 for organizations.
- - Administrative Penalty Authority
• The •• CAA is amended to authorize the EPA to issue
administrative penalty orders. This amendment sets a presumptive
cap of $200,000 on administrative penalties, and provides that EPA
and the Department of Justice may agree to increase the penalty
limit for certain cases or categories of cases by entering into
memoranda of understanding. These agreements would be especially
appropriate for categories of cases which routinely involve
multiple violations, each of which may have minor penalties but
which total more than $200,000.
The CAA is also amended to authorize EPA to issue "field
citations" for minor violations discovered during the course of an
inspection and for violations of routine reporting and record-
keeping requirements. The particular categories of cases which
may be addressed by field citations will be specified by the
Administrator, from time to time, through a memorandum of
understanding between the Administrator and Attorney General and
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will be promulgated in regulations. Civil.penalties assessed in
a field citation will not exceed $5,000 and the payment of a civil
penalty assessed pursuant to a field citation shall not be a
defense to further enforcement and penalty liability for violations
occurring before or after the date of the violation(s) addressed
in the citation. Sources against whom field citations are issued
may either pay the civil penalty to an EPA official other than the
inspector who issued the citation or request an informal hearing
as provided for in regulations. The hearing would not be a formal
adjudicatory hearing and would.not be subject to 5 U.S.C. sections
554 and 556.
Assessment of civil penalties under either of these new
administrative penalty authorities are subject to judicial review
in the appropriate United States District Court. Assessments are
also enforceable by suit brought by the Attorney General in the
appropriate U.S. District Court. The provisions for judicial
review and collection of penalties are intended to operate like
the comparable provisions for administrative penalties in the Clean
Water Act, 33 U.S.C. § 1319(g) (8) and (9).
Current subsection 113(d>, which allows states and EPA to
grant "delayed compliance orders" of SIP requirements past the
attainment deadlines, is prospectively repealed. That authority
is no longer necessary or appropriate in light of the amendments
proposed to subsection 113(a) authorizing 12-month .compliance
orders, and the revised planning procedures and deadlines proposed
in Title I of the Administration Bill. Any delayed compliance
orders in effect • prior to the repeal of section 113(d) shall,
however, remain in effect until expiration or termination as
provided therein, and shall not be affected by this amendment.
Penalty Assessment Criteria
A new subsection 113(e) clarifies the criteria to be applied
in assessing penalties, and clarifies and confirms that the maximum
statutory penalty may be assessed for each day of each violation,
including each day of a multi-day averaging period.
Subsection H3(e) also clarifies and confirms that once EPA
establishes evidence of a violation using a formal test method,
EPA can use other credible evidence to prove additional violations,
or that a violation has continued. In addition, subsection 113(e)
clarifies and confirms that once EPA has made a prima facie case
that establishes a period of violation, the burden of proving any
intervening days of compliance rests with the source. Sources may
then rebut this presumption by proving by a preponderance of the
evidence that there were intervening days with no violation or that
the violation was not continuous in nature.
Finally, new subsection 113(e) explicitly identifies the
factors both a court and the Administrator shall consider in
determining the amount of any civil penalty assessed under section
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113 or section 304(a)(l) or (3).
Current subsection H3
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authority to use contractors to conduct CAA inspections. The
section includes a reference to 18 U.S.C. § 1905 providing that
contractors are subject to that provision's criminal sanctions for
illegal disclosures. :
Section 605. Administrative Enforcement Subpoenas
This section amends CAA subsection 307(a) to give EPA express
authority to issue administrative subpoenas in support of its
enforcement activities under the Act. This expands existing
authority to issue subpoenas in support of rulemaking activities.
This authority corresponds to the increased administrative
enforcement mechanisms proposed in these amendments, and conforms
the CAA to other environmental statutes.
Section 606. Enforcement of Administrative Orders.
Current subsection 303(b) provides for civil penalties of
$5,000 for each day of "willful" violation of an emergency order
issued by the Administrator under subsection 303(a), and no
criminal penalties. This amendment deletes subsection 303(b) and
makes section 303 orders enforceable under the Act's other
enforcement authorities, e.g. sect.ions 113, 120, 304{a)(.l), and
306. The maximum civil penalty for an emergency order violation
is thereby raised to $25,000 per clay of violation and the
requirement of proving "willfulness" for civil actions is
eliminated. in addition, criminal sanctions are made available
under subsection 113(c) for knowing violations of emergency orders
and for knowing endangerment.
Section 607. Scope of Emergency Powers.
Section 303 is also amended to authorize injunctive actions
arid emergency orders for episodes threatening to the environment,
in addition to its current authority to safeguard human health.
In addition, both the 24- or 48-hour time limitations on the
duration of emergency orders, and the prohibition against judicial
enforcement of emergency orders unless state and local authorities
have not acted, are eliminated. This will allow the Agency to
effectively order necessary emergency action and to enforce any
order issued without delay, and conforms the CAA to other
environmental laws. This amendment preserves the existing section
303 requirement that the Administrator consult with state and local
authorities before taking any action.
Section 608. Contractor Listings.
Section 306 of the Act is amended to enable the Administrator
to exclude from Federal government contracts, grants, or loans any
facility owned or operated by a person criminally convicted under
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subsection. 113(c). This expands current auf-.hori.Ly, which Limits
the contractor listing action to the particular violating facility.
The Administrator is given discretion to limit the scope of tlio
exclusion to the particular violating facility or to a subdivision
of the legal entity which owns or operates the facility, as
appropriate.
The mandatory listing requirement of subsection 306(a) is
expanded to include any violation criminally actionable under
subsection 113{c) of the Act, as well as mobile source violations
under sections 205(d), 211(d)(3) and 212(e). • The amendment also
clarifies and confirms that following a conviction under paragraph
false statements, omissions, etc.), not only must
be corrected, but additionally any substantive
the false statement (e^...., a source in
for which the defendant falsely submitted
the false statement
violation underlying
violation of the NSPS
complying monitoring information) must be certified as in actual
substantive compliance by the Administrator, in order for the
defendant to be removed from the list.
' . This section is also ensures that the new criminal sanctions
for knowing enclangerment, negligent violations, and knowing
omissions and failures to act result in mandatory listing under
section 306.
Section 609. Judicial Review
Regulation.
Pending Reconsideration of
This amendment clarifies and confirms that under subsection
307(b), as under subsection 307(d)(7)(B), 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 610. Citizen Suits.
Section 304 is amended to authorize the assessment of civil
penalties in citizen suit actions as in the Clean Water Act and
the Resource Conservation and Recovery Act. The section provides
further for the deposit of citizen suit penalties into a special
fund in the U.S. Treasury. The monies would be available for
appropriation to EPA for use in air compliance and enforcement
activities.
In addition, section 304 is amended to require that copies of
complaints and proposed settlements in citizen suit cases be served
on the Administrator and the Attorney General, as in the Clean
Water Act. The amendment provides specifically that no citizen
suit settlement can be entered unless the government is given 45
days notice and an opportunity to comment or intervene in the
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action. This amendment allows the government to substitute itself
as plaintiff with respect to a citizen claim for civil penalties,
and clarifies and confirms that the federal government is not bound
by a citizen enforcement action to which it is not a party.
Section 611.
Enhanced Implementation and Enforcement of New
Source Review Requirements.
This section clarifies and confirms that operation, as well
as construction and modification, of major sources not meeting new
source review requirements is prohibited, and that section 167
administrative orders regarding new sources can be directly
enforced both civilly and criminally under section 113.
Section 612. Movable Stationary Sources.
The definition in section 302 of the Act of the term
"stationary source" is amended to clarify and confirm that.
emissions from movable stationary sources such as mobile asphalt.
batch mixing trailers and ships at port are subject to the Act's
stationary source requirements.
Section 613.
Enforcement of New Titles of the Act.
This provision expands availability of the section 120 remedy
allowing recovery of the economic benefit of noncompliance to cover
violations of the new proposed Title IV governing permit programs
and Title V regarding acid precipitation.
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Title VII—MISCELLANEOUS PROVISIONS
Section 701.
Grants for Support of Air Pollution Planning and
Control Programs.
Amends Sec. 105 to allow the Administrator to make grants to
air pollution control agencies in amounts up to three-fifths of
the cost of implementation. Agencies contributing less than the
required two-fifths minimum have three years to attain this minimum
funding level.
Requires that, in most cases, no air pollution control agency
shall receive a grant, during any fiscal year if its current
expenditures of non-Federal funds for recurrent expenditures for
air pollution control programs is less than expenditures in the
preceding year. The Administrator shall also revise the current
regulations defining applicable nonrecurrent and recurrent
expenditures.
Section 702. Annual Report Repeal
Repeals section 313 of the Clean Air Act.
Section 703. NOx and VOC Study.
Within two years of enactment, EPA, in conjunction with the
National Academy of Sciences, shall study and report to Congress,
the role of ozone precursors in tropospheric ozone formation and
control and specifically examine the roles of NOX and VOC emission
reductions.
Section 704. Review and Revision of Criteria and Standards.
Amends sections 108 and 109 by revising the procedures for
periodic review and revision of national ambient air quality
standards and the air quality criteria on which they are based.
In general, it requires the Administrator to determine every five
years whether revision of existing standards is appropriate and,
if so, to complete appropriate revisions within three years. The
section also provides for issuance of criteria and promulgation of
standards for pollutants newly listed under section 108 and makes
technical and conforming changes.
Section 705. Air Pollutant Release Investigation Board.
Establishes within EPA an Air Pollutant Release Investigation
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Board for the purpose of investigating potentially dangerous
accidental releases of air pollutants. The Board would consist of
the Secretary of Labor or his designate and four members appointed
and convened by the Administrator following a major life-
threatening release of an air pollutant or pollutants to
investigate the release and report to Congress.
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