United States
    Environmental Protection
    Agency	July   1992


    Clean Air Act
360 1992 1


                          $?) Printed on Recycled Paper

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                              CLEAN AIR ACT
oo
                          HEADQUARTERS UBKKKY
                          ENVffiONMENTAl PROTECTION AGENCY
                          WASHINGTON, D.C. 20460

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              TABLE OF CONTENTS FOR THE CLEAN AIR ACT1

  1 This table of contents is not part of the Clean Air Act but is included herein for the conven-
ience of the users of this publication.

           TITLE I—AIR POLLUTION PREVENTION AND CONTROL
Sec.  101.
Sec.  102.
Sec.  103.
Sec.  104.
Sec.  105.
Sec.  106.
Sec.  107.
Sec.  108.
Sec.  109.
Sec.  110.
Sec.  111.
Sec.  112.
Sec.  113.
Sec.  114.
Sec.  115.
Sec.  116.
Sec.  117.
Sec.  118.
Sec.  119.
Sec.  120.
Sec.  121.
Sec.  122.
Sec.  123.
Sec.  124.
Sec.  125.
Sec.  126.
Sec.  127.
Sec.  128.
       PART A—Am QUALITY AND EMISSION LIMITATIONS

Findings and purposes.
Cooperative activities and uniform laws.
Research, investigation, training, and other activities.
Research relating to fuels and vehicles.
Grants for support of air pollution planning and control programs.
Interstate air quality agencies or commissions.
Air quality control regions.
Air quality criteria and control techniques.
National ambient air quality standards.
Implementation plans.
Standards of perfoi
                [brmance for new stationary sources.
National emission standards for hazardous air pollutants.
Federal Enforcement.
Inspections, monitoring, and entry.
International air pollution.
Retention of state authority.
President's air quality advisory board and advisory committees.
Control of pollution from federal facilities.
Primary npnferrous smelter orders.
Noncompliance penalty.
Consultation.
Listing of certain unregulated pollutants.
Stackheighte.
Assurance of adequacy of state plans.
Measures to prevent economic disruption or unemployment.
Interstate pollution abatement.
Public notification.
State boards.
                          PART B—OZONE PROTECTION

Sec. 150. Purposes.
Sec. 151. Findings and definitions.
Sec. 152. Definitions.
Sec. 153. Studies by environmental protection agency.
Sec. 154. Research and monitoring by other agencies.
Sec. 155. Progress of regulation.
Sec. 156. International cooperation.
Sec. 157. Regulations.
Sec. 158. Other provisions unaffected.
Sec. 159. State authority.

       PART C—PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY

                                   SUBPART i

Sec. 160. Purposes.
Sec. 161. Plan requirements.
Sec. 162. Initial classifications.
Sec. 163. Increments and ceilings.
Sec. 164. Area redesignation.
Sec. 165. Preconstruction requirements.
Sec. 166. Other pollutants.

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                               CLEAN AIR ACT
 Sec. 167.  Enforcement
 Sec. 168.  Period before plan approval.
 Sec. 169.  Definitions.

                                  SUBPART2

 Sec. 169a. Visibility protection for federal class I areas.

            PART D—PLAN REQUIREMENTS FOR NONATTAINMBNT AREAS

 Sec. 171.  Definitions.
 Sec. 172.  Nonattainment plan provisions.
 Sec. 173.  Permit requirements.
 Sec. 174.  Planning procedures.
 Sec. 175.  Environmental protection agency grants.
 Sec. 176.  Limitation on certain federal assistance.
 Sec. 177.  New motor vehicle emission standards in nonattainment areas.
 Sec. 178.  Guidance documents.

          TITLE II-EMISSION STANDARDS FOR MOVING SOURCES

 Sec. 201.  Short title.

             PART A—MOTOR VEHICLE EMISSION AND FUEL STANDARDS

 Sec. 202. Establishment of standards.
Sec. 203. Prohibited  acts.
Sec. 204. Injunction proceedings.
Sec. 205. Penalties.
Sec. 206. Motor vehicle  and motor vehicle engine compliance testing and certifica-
            tion.
Sec. 207. Compliance by vehicles and engines in actual use.
Sec. 208. Records and reports.
Sec. 209. State standards.
Sec. 210. State grants.
Sec. 211. Regulation of fuels.
Sec. 212. Development of low-emission vehicles.
Sec. 213. Fuel economy improvement from new motor vehicles.
Sec. 214. Study of particulate emissions from motor vehicles.
Sec. 215. High altitude performance adjustments.
Sec. 216. Definitions for part A.

                    PART B—AIRCRAFT EMISSION STANDARDS

Sec. 231. Establishment of standards.
Sec. 232. Enforcement of standards.
Sec. 233. State standards and controls.
Sec. 234. Definitions.

                            TITLE HI—GENERAL

Sec. 301. Administration.
Sec. 302. Definitions.
Sec. 303. Emergency powers.
Sec. 304. Citizen suits.
Sec. 305. Representation in litigation.
Sec. 306. Federal procurement.
Sec. 307. General provisions relating to administrative  proceedings and judicial
            review.
Sec. 308. Mandatory licensing.
Sec. 309. Policy review.
Sec. 310. Other authority not affected.
Sec. 311. Records and audit.
Sec. 312. Comprehensive economic  cost  studies and  studies of cost-effectiveness
            analysis.
Sec. 313. Additional  reports to congress.
Sec. 314. Labor standards.
Sec. 315. Separability.
 Sec. 316. Sewage treatment grants.
 Sec. 317. Short title.

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                                CLEAN  AIR ACT
Sec. 317. * Economic impact assessment.
Sec. 318. Financial disclosure; conflicts of interest.
Sec. 319. Air quality monitoring.
Sec. 320. Standardized air quality modeling.
Sec. 321. Employment effects.
Sec. 322. Employee protection.
Sec. 323. Cost of emission control for certain vapor  recovery to be borne by owner of
            retail outlet.
Sec. 324. Exemptions for certain territories.
Sec. 325. Vapor recovery for small business marketers of petroleum products.
Sec. 326. Construction of certain clauses.
Sec. 327. Appropriations.
  1 There are two sections numbered 317. This section should be numbered 3 ISA.

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                       CLEAN AIR ACT'

   TITLE I—AIR POLLUTION PREVENTION AND CONTROL

         PART A—Am QUALITY AND EMISSION LIMITATIONS

                     FINDINGS AND PURPOSES

  SEC. 101. (a) The Congress finds—
      (1) that the predominant part of the Nation's population is
    located in its rapidly expanding metropolitan and other urban
    areas,  which generally cross the boundary lines of local juris-
    dictions and often extend into two or more States;
      (2) that the growth in the amount and complexity of air pol-
    lution  brought about by urbanization, industrial development,
    and  the increasing use of  motor vehicles, has  resulted  in
    mounting dangers to the public health and welfare, including
    injury  to agricultural crops and livestock, damage  to and  the
    deterioration of property, and hazards to air and ground trans-
    portation;
      (3) that air pollution prevention (that is, the reduction or
    elimination, through any measures, of the  amount of pollut-
    ants produced or created at the source) and air pollution con-
    trol at its source is the primary responsibility of  States and
    local governments; and
      (4) that Federal financial assistance and leadership is essen-
    tial for the development of cooperative Federal, State, regional,
    and local programs to prevent and control air pollution.
  (b) The purposes of this title are—
      (1) to protect and enhance the quality of the  Nation's air re-
    sources so as to promote the public health and welfare and the
    productive capacity of its population;
      (2) to initiate and accelerate a national research and develop-
    ment program to achieve the prevention and control of air pol-
    lution;
      (3) to provide technical and financial assistance to State and
    local governments  in  connection  with the development and
    execution of their  air pollution prevention and control pro-
    grams; and
      (4) to encourage and assist the development and operation of
    regional air-pollution prevention and control programs.
  (c) POLLUTION  PREVENTION.—A primary goal of this Act is to en-
courage or otherwise promote reasonable Federal, State, and local
  •The Clean Air Act (42 U.S.C. 7401-7626) consist* of Public Law 159 (July 14. 1955; 69 Stat.
822) and the amendment* made by subsequent enactments.

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Sec. 102	CLEAN AIR ACT	8

governmental actions, consistent with the provisions of this Act, for
pollution prevention.
[42 U.S.C. 7401]

            COOPERATIVE ACTIVITIES AND UNIFORM LAWS

  SEC. 102. (a) The Administrator shall encourage cooperative ac-
tivities by  the States and local governments for the prevention and
control of air pollution; encourage the enactment of improved and,
so far as practicable in the light of varying conditions and needs,
uniform State and local laws relating to the prevention and control
of air pollution; and encourage the making of agreements and com-
pacts between  States for the prevention and control of air pollu-
tion.
  (b) The Administrator shall cooperate with and encourage coop-
erative activities by all Federal departments and agencies having
functions relating to  the prevention and control of air pollution, so
as to assure the utilization in the Federal air pollution control pro-
gram  of all appropriate  and  available  facilities  and  resources
within the Federal Government.
  (c) The consent of  the Congress is hereby given to two or more
States to negotiate and enter into agreements or compacts, not in
conflict with any law or treaty of the United States, for (1) coopera-
tive effort  and  mutual assistance for the prevention and control of
air pollution and the enforcement of their respective laws relating
thereto, and (2) the establishment of such agencies, joint or other-
wise,  as they may deem desirable for making effective such agree-
ments or compacts. No such agreement or compact shall be binding
or obligatory upon any State a party thereto unless and until it has
been  approved by Congress. It is the  intent of Congress that no
agreement or compact entered into between States after the date of
enactment of the Air Quality Act of 1967, which relates to the con-
trol and abatement of air pollution in an air quality control region,
shall provide for participation by a State which is not included (in
whole or in part) in such air quality control region.
[42 U.S.C. 7402]

    RESEARCH, INVESTIGATION, TRAINING, AND OTHER ACTIVITIES

  SEC. 103. (a)  The  Administrator  shall establish  a national  re-
search and development program for the prevention and control of
air pollution and as part of such program shall—
      (1) conduct, and promote the coordination and acceleration
    of, research, investigations, experiments, demonstrations, sur-
    veys, and  studies relating  to  the causes, effects (including
    health and welfare effects), extent, prevention, and control of
    air pollution;
      (2) encourage, cooperate with, and render technical services
    and  provide financial  assistance to air pollution control agen-
    cies  and other appropriate public or private agencies, institu-
    tions, and organizations, and individuals in  the conduct of such
    activities;
      (3) conduct investigations and research  and make surveys
    concerning any specific problem of air pollution in cooperation

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                           CLEAN AIR ACT
Sec. 103
     with any air pollution control agency with  a view to recom-
     mending a solution of such problem, if he is requested to do so
     by such agency or if, in his judgment, such problem may affect
     any community or communities in  a State other than  that in
     which the source of the matter causing or contributing to  the
     pollution is located;
       (4) establish technical advisory committees composed of rec-
     ognized experts in various aspects of air pollution to assist in
     the examination and  evaluation of  research progress and pro-
     posals and to avoid duplication of research; and
       (5) conduct  and  promote  coordination  and  acceleration  of
     training for individuals  relating to  the causes, effects,  extent,
     prevention, and control of air pollution.
  (b) In carrying out the provisions of the preceding subsection the
Administrator is authorized to—
       (1) collect  and  make available,  through  publications and
     other appropriate means, the results of and other information,
     including appropriate  recommendations by him in connection
     therewith, pertaining to such research and other activities;
       (2) cooperate with other Federal  departments and agencies,
     with air pollution control agencies,  with  other public and pri-
     vate agencies, institutions, and organizations, and with any in-
     dustries involved,  in the preparation and conduct of such  re-
     search and other activities;
       (3) make grants  to  air pollution  control agencies, to other
     public or nonprofit private agencies, institutions, and organiza-
     tions, and to individuals, for purposes stated in subsection (aXD
     of this section;
       (4) contract with public or private agencies, institutions, and
     organizations, and with individuals, without regard to sections
     3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C.
     5);
       (5) establish and maintain research fellowships, in the Envi-
     ronmental Protection  Agency  and at public  or nonprofit pri-
     vate educational institutions or research organizations;
       (6) collect and disseminate, in cooperation with other Federal
     departments and agencies, and  with other public or private
     agencies, institutions, and organizations having related respon-
     sibilities, basic data on  chemical, physical,  and biological  ef-
     fects of varying air quality and other information pertaining to
     air pollution and the prevention and control thereof;
       (7) develop effective and practical  processes, methods, and
     prototype devices for the prevention or control of air pollution;
     and
       (8)l construct facilities, provide equipment, and employ staff
     as necessary to carry out this Act.
In carrying out the provisions of subsection (a), the Administrator
shall provide training for,  and make training grants to, personnel
of air pollution control agencies and other persons with suitable
qualifications and make grants to such agencies, to other public or
  ' P.L. 101-549, sec. 901
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 Sec. 103	CLEAN AIR ACT	10

 nonprofit private agencies, institutions, and organizations for the
 purposes  stated  in subsection (aX5). Reasonable fees  may  be
 charged for such training provided to persons other than personnel
 of air pollution control agencies but such training shall be provided
 to such personnel of air pollution control agencies without charge.
  (c) AIR POLLUTANT MONITORING, ANALYSIS,  MODELING,  AND IN-
 VENTORY RESEARCH.—In carrying out subsection (a), the Adminis-
 trator  shall conduct a program of research, testing, and  develop-
 ment of methods for sampling, measurement, monitoring, analysis,
 and modeling of air pollutants.  Such program shall include the fol-
 lowing elements:
      (1) Consideration of individual, as well as complex mixtures
    of, air pollutants and their  chemical transformations in the at-
    mosphere.
      (2) Establishment of a  national network to monitor, collect,
    and compile data with quantification of certainty in the status
    and  trends of  air  emissions,  deposition,  air  quality,  surface
    water quality, forest condition, and visibility impairment, and
    to  ensure the comparability of air quality data collected in dif-
    ferent States and obtained from different nations.
      (3) Development of improved methods and  technologies for
    sampling, measurement, monitoring, analysis, and modeling to
    increase  understanding of the sources of ozone percursors,
    ozone formation, ozone transport, regional  influences on urban
    ozone, regional ozone trends,  and interactions of ozone with
    other pollutants. Emphasis  shall be placed on those techniques
    which—
          (A) improve the ability to inventory  emissions of volatile
        organic compounds and nitrogen oxides that contribute to
        urban air pollution, including anthropogenic and natural
        sources;
          (B)  improve the  understanding  of  the mechanism
        through which anthropogenic and biogenic volatile organic
        compounds react to form ozone and other oxidants; and
          (C) improve  the ability to  identify and evaluate region-
        specific prevention and control options for ozone pollution.
     (4) Submission of periodic reports to the Congress,  not less
    than once every 5  years, which evaluate and assess the effec-
    tiveness  of air pollution control  regulations  and programs
    using monitoring  and  modeling data  obtained   pursuant
     to this subsection.
  (d) ENVIRONMENTAL HEALTH EFFECTS RESEARCH.—(1) The Admin-
istrator, in consultation with the Secretary of Health and Human
Services, shall conduct a research  program on the short-term and
long-term effects of air  pollutants,  including wood smoke,  on
human health. In conducting such research program the Adminis-
trator—
     (A) shall conduct studies, including epidemiological, clinical,
    and laboratory  and field studies, as necessary to identify and
    evaluate  exposure  to  and effects  of air pollutants on human
    health;
      (B) may utilize, on a reimbursable basis, the facilities of ex-
    isting Federal scientific laboratories and research centers; and

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CLEAN AIR ACT
Sec. 103
      (C) shall consult with other Federal agencies to ensure that
    similar research being conducted in other agencies is coordi-
    nated to avoid duplication.
  (2) In conducting the research program under this subsection, the
Administrator shall develop methods and techniques necessary  to
identify and assess the risks to human health from both routine
and accidental exposures to individual air pollutants and combina-
tions  thereof. Such research program shall include the following
elements:
      (A) The creation of an Interagency Task Force to coordinate
    such program. The Task Force shall include representatives  of
    the National Institute for Environmental Health Sciences, the
    Environmental Protection Agency, the Agency for Toxic  Sub-
    stances  and  Disease Registry, the National  Toxicology  Pro-
    gram, the National Institute of Standards and Technology, the
    National Science Foundation, the Surgeon General, and the
    Department of Energy. This  Interagency Task Force shall be
    chaired  by  a representative of the  Environmental Protection
    Agency and shall convene its first meeting within 60 days after
    the date of enactment of this subparagraph.
      (B) An evaluation,  within 12 months after the date of enact-
    ment of this paragraph, of each of the hazardous air pollutants
    listed under section 112(b) of this Act, to decide, on the basis  of
    available information, their relative priority for preparation  of
    environmental health assessments pursuant to subparagraph
    (C). The evaluation shall  be  based  on reasonably anticipated
    toxicity  to humans and exposure factors such as frequency  of
    occurrence as an air  pollutant and volume of emissions in pop-
    ulated areas. Such evaluation shall be reviewed by the Inter-
    agency Task Force established pursuant to subparagraph (A).
      (C)  Preparation  of environmental health  assessments for
    each of the hazardous air pollutants referred to in subpara-
    graph (B), beginning 6 months after the first meeting  of the
    Interagency Task Force and to be completed within 96 months
    thereafter.  No fewer than 24 assessments  shall be completed
    and published annually. The  assessments shall be prepared  in
    accordance with guidelines developed by the Administrator  in
    consultation with the Interagency Task  Force  and the Science
    Advisory Board of  the Environmental Protection Agency. Each
    such assessment shall include—
          (i) an examination, summary, and evaluation  of avail-
        able toxicological and epidemiological information for the
        pollutant to ascertain the levels of human exposure which
        pose a significant threat to human health and the associat-
        ed acute, subacute, and chronic adverse health effects;
          (ii) a determination of  gaps in available information re-
        lated to human health effects and exposure levels; and
          (iii) where appropriate, an identification of additional ac-
        tivities,   including  toxicological and  inhalation testing,
        needed to identify the types or levels of exposure which
        may present significant  risk of adverse health effects  in
        humans.

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 Sec. 103	CLEAN AIR ACT	12

   (e) ECOSYSTEM RESEARCH.—In carrying out subsection (a), the Ad-
 ministrator, in cooperation,  where appropriate, with the Under
 Secretary of Commerce for Oceans and Atmosphere, the Director of
 the Fish and Wildlife Service, and the Secretary of Agriculture,
 shall conduct a research program to improve understanding of the
 short-term and long-term  causes, effects, and trends of ecosystems
 damage from air pollutants on ecosystems. Such program shall in-
 clude the following elements:
      (1) Identification of regionally representative and critical eco-
     systems for research.
      (2) Evaluation of  risks to ecosystems exposed to air pollut-
     ants, including characterization  of the causes and  effects  of
     chronic and episodic exposures to air pollutants and determi-
     nation of the reversibility of those effects.
      (3) Development of improved atmospheric dispersion models
     and monitoring systems and networks for evaluating and quan-
     tifying  exposure  to and  effects   of  multiple  environmental
     stresses associated with air pollution.
      (4) Evaluation of the effects of air pollution on water quality,
     including assessments of the short-term and long-term ecologi-
     cal effects of acid deposition and other atmospherically derived
     pollutants on surface water (including wetlands and estuaries)
     and groundwater.
      (5) Evaluation of the effects of air pollution on forests, mate-
     rials, crops, biological diversity, soils, and other terrestrial and
     aquatic systems exposed to air pollutants.
      (6) Estimation of the associated economic costs of ecological
     damage which have  occurred as a  result of exposure to air pol-
     lutants.
Consistent with the purpose of this  program,  the Administrator
may use the estuarine research reserves  established pursuant  to
section  315 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1461) to carry out this research.
  (f) LIQUEFIED GASEOUS FUELS SPILL  TEST FACILITY.—(1)  The Ad-
ministrator, in consultation with the Secretary of Energy and the
Federal Coordinating Council for Science, Engineering, and Tech-
nology,  shall oversee an experimental and analytical  research
effort, with the experimental research to be carried out at the Liq-
uefied Gaseous Fuels  Spill Test Facility. In consultation with the
Secretary of Energy,  the Administrator  shall  develop  a list  of
chemicals and a schedule for  field testing at the Facility.  Analysis
of a minimum of 10 chemicals per year shall be carried  out, with
the selection of a minimum of 2 chemicals for field  testing each
year. Highest priority  shall be given to those chemicals that would
present the  greatest potential  risk to  human health as a  result  of
an accidental release—
      (A) from a fixed site; or
      (B) related to the transport of such chemicals.
  (2) The purpose of such research shall be to—
      (A) develop improved predictive models for atmospheric dis-
    persion which at a minimum—
          (i) describe dense gas releases in complex terrain includ-
        ing man-made structures or obstacles with variable winds;

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CLEAN AIR ACT
Sec. 103
          (ii) improve understanding of the effects of turbulence on
        dispersion patterns; and
          (iii) consider realistic behavior  of aerosols by including
        physicochemical reactions with water vapor, ground depo-
        sition, and removal by water spray;
      (B) evaluate  existing  and  future  atmospheric dispersion
    models by—
          (i) the development of a rigorous, standardized methodol-
        ogy for dense gas models; and
          (ii)  the application of such methodology to current dense
        gas dispersion models using data  generated from field ex-
        periments; and
      (C) evaluate the effectiveness of hazard mitigation and emer-
    gency response technology for fixed site and transportation re-
    lated accidental releases of toxic chemicals.
Models pertaining to accidental release shall be evaluated and im-
proved periodically for their utility in  planning and implementing
evacuation procedures and other mitigative strategies designed to
minimize human exposure to hazardous air pollutants released ac-
cidentally.
  (3) The Secretary of Energy shall make available to interested
persons (including other Federal agencies and businesses) the use
of the Liquefied  Gaseous Fuels Spill Test Facility to conduct re-
search and  other activities in connection with the activities de-
scribed in this subsection.
  (g) POLLUTION PREVENTION AND EMISSIONS CONTROL.—In carrying
out subsection (a),  the Administrator  shall conduct a basic engi-
neering research  and technology program to develop, evaluate, and
demonstrate nonregulatory strategies and technologies for air pol-
lution  prevention. Such strategies and  technologies shall be devel-
oped with priority on those pollutants which pose a significant risk
to human health and the environment, and with opportunities for
participation  by  industry, public interest groups,  scientists, and
other interested persons in the development of such strategies and
technologies. Such program shall include the following elements:
      (1) Improvements  in nonregulatory  strategies and technol-
    ogies for preventing or reducing multiple air pollutants, includ-
    ing sulfur oxides, nitrogen oxides, heavy metals, PM-10 (partic-
    ulate matter), carbon monoxide,  and carbon dioxide, from sta-
    tionary  sources, including fossil fuel power plants. Such  strate-
    gies and technologies shall include improvements  in the rela-
    tive cost effectiveness and long-range implications of various
    air pollutant reduction  and nonregulatory control strategies
    such as energy conservation, including end-use efficiency, and
    fuel-switching to cleaner  fuels.  Such strategies and technol-
    ogies shall be considered for existing and new facilities.
      (2) Improvements  in nonregulatory  strategies and technol-
    ogies for reducing air emissions from area sources.
      (3) Improvements  in nonregulatory  strategies and technol-
    ogies for  preventing, detecting,  and correcting accidental re-
    leases of hazardous air pollutants.

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 Sec. 103	CLEAN AIR ACT	14

      (4)  Improvements in  nonregulatory strategies  and technol-
    ogies that dispose of tires in ways that avoid adverse air qual-
    ity impacts.
 Nothing in this subsection shall be construed to authorize the im-
 position on any person of air pollution control requirements. Hie
 Administrator shall consult with other appropriate Federal  agen-
 cies to ensure coordination and to avoid duplication of activities au-
 thorized under this subsection.
  (h) NIEHS STUDIES.—(!) The Director of the National Institute of
 Environmental Health Sciences may conduct a program of basic re-
 search to identify, characterize,  and  quantify  risks  to human
 health from  air pollutants.  Such research shall be conducted pri-
 marily through a combination of university  and medical school-
 based grants, as well as through intramural studies and contracts.
  (2)  The  Director  of  the  National Institute of Environmental
 Health Sciences shall conduct a program for the education and
 training of physicians in environmental health.
  (3) The  Director shall assure that such programs shall not con-
 flict with research undertaken by the Administrator.
  (4) There are authorized to be appropriated to the National Insti-
 tute of Environmental Health Sciences such sums as may be neces-
sary to carry out the purposes of this subsection.
  (i) COORDINATION OP RESEARCH.—The Administrator shall develop
and implement a plan for identifying areas in which activities au-
thorized under this section can be carried out in conjunction with
 other Federal ecological and  air  pollution research efforts. The
plan, which shall be submitted to Congress within 6 months after
the date of enactment of this subsection, shall include—
      (1) an  assessment of ambient monitoring stations  and net-
    works to determine cost effective ways to expand monitoring
    capabilities in both urban and rural environments;
      (2) a consideration of the extent of the feasibility and scien-
    tific value of conducting the research program under subsec-
    tion (e) to include consideration of the effects of atmospheric
    processes and air pollution effects; and
      (3) a methodology for evaluating and ranking pollution pre-
    vention technologies, such as those developed under subsection
    (g), in terms of their ability to reduce cost effectively the emis-
    sions of air pollutants and other airborne chemicals of concern.
Not later  than 2 years after the date of enactment of this subsec-
tion, and  every 4 years thereafter,  the Administrator shall report
to Congress on the progress  made in implementing the plan devel-
oped under this subsection, and shall include in such report any re-
visions of the plan.
  (j) CONTINUATION OF THE NATIONAL ACID PRECIPITATION ASSESS-
MENT PROGRAM.—
      (1) The acid precipitation research program set forth in the
    Acid Precipitation Act of 1980 shall be continued with modifi-
    cations pursuant to this subsection.
      (2) The Acid Precipitation Task Force shall consist of the Ad-
    ministrator of the Environmental Protection Agency, the Sec-
    retary of Energy, the Secretary of the Interior, the Secretary  of
    Agriculture, the Administrator  of the National Oceanic and

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CLEAN AIR ACT
Sec. 103
    Atmospheric Administration, the Administrator of the Nation-
    al Aeronautics and Space Administration, and such additional
    members as the President may select. The President shall ap-
    point a chairman for the Task Force from among its members
    within 30 days after the date of enactment of this subsection.
      (3) The responsibilities  of the Task  Force shall include the
    following:
          (A) Review of the status of research activities conducted
        to  date under the  comprehensive research plan developed
        pursuant to the Acid  Precipitation Act of 1980, and devel-
        opment of a  revised plan that identifies significant re-
        search gaps and establishes a coordinated program to ad-
        dress current and future research priorities. A draft of the
        revised plan shall  be submitted  by the Task Force to Con-
        gress within 6 months after the date of enactment of this
        subsection. The plan shall be available for public comment
        during the 60 day period after its submission, and a  final
        plan shall be submitted by the  President to the Congress
        within 45 days after the close of the comment period.
         (B)  Coordination with  participating  Federal  agencies,
        augmenting the agencies' research and  monitoring efforts
        and sponsoring additional research in the scientific  com-
        munity as necessary to ensure the availability and quality
        of  data and methodologies needed to evaluate the status
        and effectiveness of the acid deposition control  program.
        Such research and monitoring efforts shall include, but not
        be limited to—
              (i) continuous monitoring  of emissions of precursors
            of acid deposition;
              (ii)  maintenance,  upgrading, and  application  of
            models, such as the Regional Acid  Deposition  Model,
            that describe the interactions of emissions with the at-
            mosphere, and models that describe the response of
            ecosystems to acid deposition; and
              (iii) analysis of the costs, benefits, and effectiveness
            of the acid deposition control program.
         (C)  Publication  and maintenance of  a National  Acid
        Lakes Registry that tracks the condition and change over
        time of a statistically  representative sample of lakes in re-
        gions that are known to be sensitive to surface water acidi-
        fication.
         (D) Submission every two years of a unified budget rec-
        ommendation to the President for activities of the Federal
        Government in connection with the  research  program de-
        scribed in this subsection.
         (E) Beginning in 1992 and biennially thereafter, submis-
        sion of a report to  Congress describing the results of its in-
        vestigations and analyses. The reporting of technical infor-
        mation about acid  deposition  shall be provided in a format
        that  facilitates communication  with policymakers and the
        public. The report shall include—
              (i) actual and projected emissions and acid  deposi-
            tion trends;

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 Sec, 104
CLEAN AIR ACT
16
               (it) average ambient concentrations of acid  deposi-
             tion percursors and their transformation products;
               (iii) the status of ecosystems (including forests and
             surface waters),  materials, and visibility affected  by
             acid deposition;
               (iv) the causes and effects of such deposition,  includ-
             ing changes in surface  water quality and forest and
             soil conditions;
               (v)  the  occurrence and effects of episodic  acidifica-
             tion,  particularly with respect to high elevation water-
             sheds; and
               (vi) the confidence level associated with each conclu-
             sion to aid policymakers in use of the information.
          (F) Beginning in 1996, and every  4 years thereafter, the
        report under subparagraph (E) shall include—
               (i) the  reduction in deposition rates that must  be
             achieved in order to prevent adverse ecological effects;
             and
               (ii)  the  costs and benefits of the acid deposition con-
             trol program created by title IV of this Act.
  (k) AIR POLLUTION CONFERENCES.—If, in the judgment of the Ad-
ministrator,  an air pollution problem  of substantial  significance
may result from discharge or discharges into the  atmosphere, the
Administrator may call a conference concerning this potential air
pollution problem to be held  in or near one or more of the places
where such discharge  or discharges are occurring or will occur. All
interested persons shall  be given an opportunity  to be  heard  at
such conference, either orally or in writing,  and shall be permitted
to appear in  person or by representative in accordance with proce-
dures prescribed by the Administrator. If the Administrator finds,
on the basis  of the evidence presented at such conference, that the
discharge or  discharges if permitted  to take place or continue are
likely to cause or contribute  to air pollution subject to abatement
under part A of title I, the Administrator shall send such findings,
together with recommendations concerning the measures which
the Administrator finds  reasonable and suitable  to prevent  such
pollution, to  the person or persons whose  actions will result in the
discharge or discharges involved; to air pollution agencies of the
State or States and of the municipality  or municipalities where
such discharge or discharges will originate; and to the  interstate
air pollution  control  agency, if any, in the jurisdictional area of
which any such municipality is located. Such findings and  recom-
mendations shall be advisory only, but shall be admitted together
with the record of the conference, as part  of the proceedings under
subsections (b), (c), (d),  (e), and (f) of section 108.
[42 U.S.C. 7403]

           RESEARCH  RELATING TO FUELS AND VEHICLES

  SEC.  104. (a) The Administrator shall give special emphasis to re-
search and development  into new and improved methods, having
industrywide application, for the prevention and control of air pol-
lution  resulting from  the combustion of  fuels.  In furtherance  of
such research and development he shall—

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17
CLEAN AIR ACT
Sec. 104
      (1)  conduct  and  accelerate  research  programs directed
    toward  development  of  improved,  cost-effective  techniques
    for—
          (A) control of combustion byproducts of fuels,
          (B) removal of potential air pollutants from fuels prior to
        combustion,
          (C) control of emissions from the evaporation of fuels,
          (D) improving the efficiency of fuels combustion so as to
        decrease atmospheric emissions, and
          (E) producing synthetic or new fuels which, when used,
        result in decreased atmospheric emissions.
      (2) provide for Federal grants to public or nonprofit agencies,
    institutions, and organizations  and  to  individuals, and  con-
    tracts with public or private agencies, institutions or persons,
    for payment of (A) part of the cost of acquiring, constructing,
    or otherwise securing  for research and development purposes,
    new or  improved devices or methods having industrywide ap-
    plication of preventing or controlling discharges into the air of
    various  types of pollutants; (B) part of the cost of programs to
    develop low emission alternatives to the present internal com-
    bustion  engine;  (C) the cost to purchase vehicles and vehicle
    engines, or portions thereof,  for research, development, and
    testing  purposes; and (D) carrying out the other provisions of
    this section, without regard to sections  3648 and 3709 of the
    Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5): Provided, That re-
    search or demonstration contracts awarded pursuant to this
    subsection  or  demonstration  contracts  awarded pursuant to
    this subsection (including contracts for  construction) may be
    made in accordance with, and subject to the limitations provid-
    ed with respect to research contracts of the military depart-
    ments in, section 2353 of title 10, United States Code, except
    that the determination, approval,  and  certification required
    thereby shall be made by the  Administrator: Provided further,
    That no grant may be  made under this paragraph in excess of
    $1,500,000;
      (3) determine, by laboratory and pilot plant  testing, the re-
    sults of air pollution research and studies in order to  develop
    new or improved processes  and plant  designs to  the point
    where they can be demonstrated on a large and practical scale;
      (4) construct, operate, and maintain, or assist in meeting the
    cost of the construction, operation, and maintenance of new or
    improved demonstration plants or processes which have prom-
    ise of accomplishing the purposes of this Act;
      (5) study new or unproved methods for the recovery and mar-
    keting of commercially valuable byproducts resulting from the
    removal of pollutants.
  (b) In carrying out the provisions of this section, the Administra-
tor may—
      (1) conduct and accelerate research and development of cost-
    effective instrumentation techniques  to facilitate  determina-
    tion of quantity and quality of air pollutant emissions, includ-
    ing, but not limited to, automotive emissions;

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Sec. 105
CLEAN AIR ACT
IS
      (2) utilize, on a reimbursable basis, the facilities of existing
    Federal scientific laboratories;
      (3) establish and operate necessary facilities and test sites at
    which to carry on the research, testing, development, and pro-
    graming necessary to effectuate the purposes of this section;
      (4)  acquire  secret processes,  technical  data,  inventions,
    patent applications, patents, licenses, and an interest in lands,
    plants, and facilities, and other property or rights by purchase,
    license, lease, or donation; and
      (5) cause pn-site inspections to be made of promising domes-
    tic and foreign projects, and cooperate and participate in their
    development in instances in which the purposes of the Act will
    be served thereby.
  (c) CLEAN ALTERNATIVE FUELS.—The. Administrator shall conduct
a research  program to identify, characterize, and predict air emis-
sions related to the production,  distribution, storage,  and  use of
clean alternative  fuels to  determine the  risks  and  benefits  to
human  health and the environment  relative to those  from using
conventional gasoline and  diesel fuels. The  Administrator shall
consult  with  other Federal agencies to ensure coordination  and to
avoid duplication of activities authorized under this subsection.
[42 U.S.C. 7404]

   GRANTS FOR SUPPORT OF AIR POLLUTION PLANNING AND CONTROL
                           PROGRAMS

  SEC. 105.  (aXIXA) The  Administrator may make grants to air
pollution control agencies, within the meaning of paragraph (1), (2),
(3), (4), or (5) of section 302, in an amount up to three-fifths of the cost
of implementing  programs  for the prevention and control of air
pollution or  implementation of national primary and secondary
ambient air  quality standards. For the  purpose of this section,
"implementing" means any activity related to the planning, develop-
ing, establishing,  carrying-out,  improving, or  maintaining of such
programs.
  (B)  Subject to subsections  (b)  and (c) of this section, an air pollu-
tion control agency which receives a grant under subparagraph (A)
and which  contributes less than the required two-fifths minimum
shall  have 3 years following  the date of the enactment of the Clean
Air Act Amendments of 1990 in which to contribute such amount.
If such  an  agency fails to meet and maintain this required level,
the Administrator shall reduce  the amount of the Federal contribu-
tion accordingly.
  (C)  With respect to any  air quality control region or portion
thereof for which there is an applicable implementation plan under
section  110, grants under subparagraph (A) may be made only to
air pollution control  agencies which  have substantial  responsibil-
ities for carrying out such applicable implementation plan.
  (2)  Before approving any grant under this subsection to any air
pollution control  agency within the meaning of sections 302(bX2)
and 302(bX4) the Administrator shall receive assurances that such
agency  provides for adequate representation of appropriate State,
interstate, local, and (when  appropriate) international, interests in
the air quality control region.

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19
CLEAN MR ACT
S«. 105
  (3) Before approving any planning grant under this subsection to
any air pollution control agency within the meaning of sections
802(bX2) and 302(bX4), the Administrator shall receive assurances
that such agency has the capability of developing a comprehensive
air quality  plan for the air quality control region, which plan shall
include (when appropriate) a recommended system  of alerts to
avert and reduce die risk of situations in which there may be im-
minent and serious danger to the public health or welfare from air
pollutants and the various aspects relevant to the establishment of
air quality  standards for such air quality control region, including
the concentration of industries,  other commercial  establishments,
population  and naturally occurring factors which shall affect such
standards.
  (bXD From the sums available for the purposes of subsection (a)
of this section for any  fiscal year, the Administrator shall from
time to time make grants to air pollution control agencies upon
such terms and conditions as the Administrator may find necessary
to carry out the  purpose of this section. In establishing regulations
for the granting of such funds the Administrator  shall, so far as
practicable, give due consideration to (A) the population, (B)  the
extent of the actual or potential air pollution problem, and (C) the
financial need of the respective agencies.
  (2) Not more than 10  per centum of the total of funds appropri-
ated or allocated for the purposes of subsection (a) of this section
shall  be granted for air  pollution  control programs in any  one
State.  In the case of a grant for a program in an area crossing
State boundaries, the Administrator shall determine the portion of
such grant that is chargeable to the percentage limitation under
this subsection for each State into which such area extends. Subject
to the provisions of paragraph (1) of this subsection, no State shall
have made available to it for application less than one-half of 1 per
centum of  the annual appropriation for grants under this section
for grants to agencies within such State.
  (c) MAINTENANCE or  EFFORT.—(1) No agency shall receive any
grant under this section during any fiscal year when its expendi-
tures of non-Federal  funds for recurrent expenditures for air pollu-
tion control programs will be less than its expenditures were for
such programs during the preceding fiscal year. In order for the
Administrator to  award  grants under this  section  in a timely
manner each fiscal year, the Administrator shall compare an agen-
cy's prospective  expenditure  level to that of its second preceding
fiscal year. The  Administrator shall revise the current regulations
which define applicable nonrecurrent and recurrent expenditures,
and in so  doing, give due consideration to  exempting  an agency
from  the limitations of this  paragraph and subsection (a) due to
periodic increases experienced by that agency from time to time in
its annual expenditures for purposes acceptable to the Administra-
tor for that fiscal year.
  (2) The Administrator may still award a grant to an agency not
meeting the requirements of paragraph (1) of this subsection if the
Administrator, after notice and opportunity for public hearing, de-
termines that a  reduction in  expenditures is attributable to a non-
selective reduction in the expenditures in the programs of all Exec-

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 Sec. 106
CLEAN AIR ACT
20
 utive branch agencies  of the applicable  unit of Government. No
 agency shall receive any grant under this section  with respect to
 the maintenance of a program for the prevention and control of air
 pollution unless the Administrator is satisfied  that  such a grant
 will be so used to supplement  and, to the extent  practicable, in-
 crease the  level of State, local, or other non-Federal  funds. No
 grants shall be made under this section until  the Administrator
 has consulted with the appropriate official  as  designated by the
 Governor or Governors  of the State or States  affected.
  (d) The Administrator, with the concurrence of any  recipient of a
 grant under this section may reduce the  payments to such recipi-
 ent by the amount of the pay,  allowances, traveling expenses, and
 any other costs  in connection with the detail of any officer or em-
 ployee to the recipient under  section 301 of the Act,  when such
 detail is for the convenience of, and at the request of, such recipi-
 ent and for the  purpose of carrying out the provisions of this Act.
 The amount by  which such payments have been reduced  shall be
 available for payment of such costs by the Administrator, but shall,
 for the purpose of determining the amount of any grant to a recipi-
 ent under subsection (a) of this section, be  deemed to have been
 paid to such agency.
  (e) No application by  a State for a grant under this section may
 be  disapproved by the Administrator without prior notice and op-
 portunity for a public hearing in the affected  State, and no commit-
 ment or obligation  of any funds under any such grant  may be re-
 voked or reduced without prior notice and opportunity for a public
 hearing in the affected State (or in one  of  the affected States if
 more than one State is affected).
 [42 U.S.C. 7405]

        INTERSTATE AIR QUALITY AGENCIES OR COMMISSIONS

  SEC. 106. For the  purpose of developing implementation plans for
 any interstate air  quality control  region designated pursuant to
 section 107 or of implementing section 176A  (relating to control of
 interstate air pollution) or section 184  (relating to control of inter-
 state ozone pollution), the Administrator  is authorized  to  pay, for
 two years, up to 100 per centum of the  air  quality planning pro-
 gram costs of any commission established under section 176A (re-
 lating to control of interstate air pollution) or section 184 (relating
 to control of interstate  ozone pollution) or any  agency designated
 by the Governors of the affected States, which agency shall be ca-
 pable of recommending  to the Governors plans for implementation
 of national primary and secondary ambient  air quality standards
 and shall include representation from the States and appropriate
 political subdivisions within the air quality  control region. After
the initial two-year period the Administrator  is authorized to make
grants to such agency  or such commission  in  an  amount up to
three-fifths of the air quality implementation  program costs of such
agency or commission.
 [42 U.S.C. 7406]

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21
CLEAN AIR ACT
Sec. 107
                  AIR QUALITY CONTROL REGIONS

  SEC. 107. (a) Each State shall have the primary responsibility for
assuring air quality within the entire geographic area comprising
such State by submitting an implementation plan for such State
which will specify the manner in which national primary and sec-
ondary ambient air quality standards will be achieved and main-
tained within each air quality control region in such State.
  (b) For purposes of developing and carrying out implementation
plans under section 110—
      (1) an air quality control region designated under this section
    before the date of enactment of the Clean Air Amendments of
    1970,  or a region designated  after such date under subsection
    (c), shall be an air quality control region; and
      (2) the portion of such State which is not part of any such
    designated region shall be an air quality  control region, but
    such portion may be subdivided by the State into two or more
    air quality control regions  with  the approval of the Adminis-
    trator.
  (c) The Administrator shall, within 90 days after the date of en-
actment of the Clean Air Amendments of 1970, after consultation
with appropriate State and local authorities, designate as an air
quality control region any interstate area or major intrastate area
which he  deems necessary or appropriate for the attainment  and
maintenance  of ambient  air quality  standards. The Administrator
shall  immediately notify  the Governors of the affected  States of
any designation made under this subsection..
  (d) DESIGNATIONS.—
      (1) DESIGNATIONS GENERALLY.—
          (A) SUBMISSION BY GOVERNORS OF INITIAL DESIGNATIONS
        FOLLOWING PROMULGATION  OF NEW  OR  REVISED STAND-
        ARDS.—By such date as the Administrator may reasonably
        require, but not  later than 1 year after promulgation  of a
        new or revised national ambient air quality standard for
        any pollutant  under section  109,  the  Governor of each
        State shall (and at any other time the Governor of a State
        deems appropriate the Governor may) submit to the Ad-
        ministrator a list of all areas (or portions thereof) in the
        State, designating as—
              (i) nonattainment,  any area  that does  not  meet (or
           that  contributes to ambient air quality in  a nearby
           area that does not meet) the national primary or sec-
           ondary ambient air quality standard for the pollutant,
              (ii) attainment, any area (other than an area identi-
           fied in clause (i)) that meets the national primary or
           secondary ambient air quality standard for the pollut-
           ant, or
              (iii) unclassifiable, any area that cannot be classified
           on the basis of available information as meeting or not
           meeting the  national primary  or  secondary ambient
           air quality standard for the pollutant.
        The  Administrator  may not require the  Governor to
        submit the required list sooner than  120 days after  pro-

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Sec. 107	CLEAN AIR ACT	22

        mulgating a new or revised national ambient air quality
        standard.
          (B) PROMULGATION BY EPA OF  DESIGNATIONS.--^ Upon
        promulgation or revision of a national ambient air quality
        standard, the Administrator shall promulgate the designa-
        tions of all areas (or portions thereof) submitted under sub-
        paragraph (A)  as expeditiously as practicable,  but in  no
        case later than 2 years from the date of promulgation of
        the new or revised  national ambient air quality standard.
        Such period  may be extended  for up to one year in the
        event  the Administrator  has insufficient information to
        promulgate the designations.
          (ii) In  making the promulgations required under clause
        (i), the Administrator may make such modifications as the
        Administrator  deems necessary to the designations of the
        areas (or portions thereof) submitted under subparagraph
        (A) (including to the boundaries of such areas or portions
        thereof). Whenever the Administrator intends to make a
        modification, the Administrator shall notify the State and
        provide  such State with  an opportunity to  demonstrate
        why any proposed modification is inappropriate. The Ad-
        ministrator shall give such notification no later than 120
        days  before the date the Administrator promulgates the
        designation, including any modification thereto. If the Gov-
        ernor fails to submit the list in  whole or in part, as re-
        quired under subparagraph (A),  the  Administrator  shall
        promulgate the designation that the Administrator deems
        appropriate for any area (or portion thereof) not designat-
        ed by the State.
          (iii) If the Governor of any State, on the Governor's own
        motion, under subparagraph (A), submits a list of areas (or
        portions thereof) in the State designated as nonattainment,
        attainment, or unclassifiable, the Administrator shall act
        on such designations in accordance with the procedures
        under paragraph (3) (relating to redesignation).
          (iv) A  designation for an area (or portion thereof) made
        pursuant to this subsection shall remain in effect until the •
        area (or  portion thereof) is redesignated pursuant to para-
        graph (3) or (4).
          (C) DESIGNATIONS BY  OPERATION OF LAW.—(i) Any area
        designated with respect to any air pollutant under the pro-
        visions of paragraph (1) (A), (B), or (C) of this subsection (as
        in effect immediately before the date of the enactment of
        the Clean Air Act Amendments of 1990) is designated, by
        operation of law, as a nonattainment area for such pollut-
        ant within the meaning of subparagraph (AXi).
          (ii) Any area designated with respect to any  air pollut-
        ant under the  provisions  of paragraph  (1XE) (as in effect
        immediately before  the date of the enactment of the Clean
        Air Act Amendments of 1990) is designated by operation of
        law, as an attainment area for such pollutant within the
        meaning of subparagraph (AXii).

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23
CHAN AIR ACT
Sec. 107
         (iii) Any area designated with respect to any air pollut-
        ant under the provisions of paragraph (1XD) (as in effect
        immediately before the date of the enactment of the Clean
        Air Act Amendments of 1990) is designated, by operation
        of law, as an unclassifiable area for such pollutant within
        the meaning of subparagraph (AXiii).
      (2) PUBLICATION OF DESIGNATIONS AND REDESIGNATIONS.—(A)
    The Administrator shall publish a notice in the Federal  Regis-
    ter promulgating any designation under paragraph (1) or (5), or
    announcing any designation under paragraph (4), or  promul-
    gating any redesignation under paragraph (3).
      (B) Promulgation or announcement of a designation  under
    paragraph (1), (4) or (5) shall not be subject to the provisions of
    sections 553 through 557 of title 5. of the United States Code
    (relating to notice and comment), except nothing herein shall
    be construed as precluding such public notice and comment
    whenever possible.
      (3) RKDESIGNATION.—(A) Subject to the requirements of sub-
    paragraph (E), and on the basis of air quality data, planning
    and control considerations, or any  other  air  quality-related
    considerations the  Administrator deems appropriate,  the Ad-
    ministrator may at any time notify the Governor of any State
    that available information  indicates that the  designation  of
    any area or portion of an area within the State or interstate
    area should be revised. In issuing such notification, which shall
    be public, to the  Governor,  the Administrator shall  provide
    such information as the Administrator may have available ex-
    plaining the basis for the notice.
      (B) No Iat$r than 120 days after receiving a notification
    under subparagraph (A), the Governor shall submit  to the Ad-
    ministrator such redesignation, if any, of the  appropriate area
    (or areas) or portion thereof within the State or  interstate
    area, as the Governor considers appropriate.
      (O No later than 120  days after the date described in sub-
    paragraph (B) (or paragraph (IXBXiii)), the Administrator shall
    promulgate the redesignation, if any, of the area  or portion
    thereof, submitted by the  Governor  in accordance with sub-
    paragraph (B), making such modifications as the Administrator
    may deem necessary, in the same manner and under the same
    procedure as is applicable under clause (ii) of paragraph (1XB),
    except that the phrase "60 days" shall be substituted for the
    phrase  "120 days" in that clause. If the Governor does not
    submit, in accordance with subparagraph (B), a redesignation
    for an area (or portion thereof) identified by the Administrator
    under subparagraph (A), the  Administrator shall promulgate
    such redesignation, if  any,  that the  Administrator deems
    appropriate.
      (D) The Governor of any State may, on the Governor's own
    motion, submit to the Administrator a revised designation of
    any area or portion thereof within the State. Within  18 months
    of receipt of a complete State redesignation submittal, the Ad-
    ministrator shall approve or deny such redesignation. The sub-
    mission of a redesignation by a Governor shall not affect the

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Sec. 107	CLEAN AIR ACT	21

    effectiveness or enforceability of the applicable implementation
    plan for the State.
      (E) The Administrator may not promulgate a redesignation
    of a nonattainment area  (or portion thereof) to attainment
    unless—
         (i) the Administrator determines that the area has at-
        tained the national ambient air quality standard;
         (ii) the Administrator has fully approved the applicable
        implementation plan for the area under section HCKk);
         (hi) the Administrator determines that the improvement
        in air quality is due to permanent and enforceable reduc-
        tions in  emissions  resulting from implementation of the
        applicable  implementation plan and applicable Federal air
        pollutant control regulations and other permanent and en-
        forceable reductions;
         (iv) the Administrator has fully approved a maintenance
        plan for the area as meeting the requirements of section
        175A; and
         (v) the State containing such area has met all require-
        ments applicable to the area under section 110 and paYt D.
      (F) The Administrator shall not promulgate any redesigna-
    tion of any area (or portion thereof) from nonattainment to un-
    classifiable.
      (4) NONATTAINMENT DESIGNATIONS FOR OZONE, CARBON MON-
    OXIDE AND PARTICULATE  MATTER (PM-10).—
         (A) OZONE AND CARBON MONOXIDE.—(i) Within 120 days
        after the date of the enactment of the Clean  Air Act
        Amendments of 1990,  each  Governor of each State shall
        submit to the Administrator a list that designates, affirms
        or reaffirms the designation of, or redesignates (as the case
        may be), all areas (or  portions thereof) of the Governor's
        State as attainment, nonattainment, or unclassifiable with
        respect to  the national ambient air quality standards for
        ozone and carbon monoxide.
         (ii) No later than  120 days after the date the Governor is
        required to submit the list of areas (or portions thereof) re-
        quired under clause (i) of this subparagraph, the Adminis-
        trator shall promulgate  such designations, making such
        modifications as the Administrator may deem necessary,
        in the same manner, and under the same procedure, as is
        applicable under clause (ii) of paragraph (1KB), except that
        the phrase "60 days" shall  be substituted for the phrase
        "120 days" in that clause. If the Governor does not submit,
        in accordance with clause (i) of this subparagraph, a desig-
        nation for  an area  (or  portion thereof), the Administrator
        shall promulgate the designation that the Administrator
        deems appropriate.
         (iii) No nonattainment area may be redesignated as an
        attainment area under this subparagraph.
         (iv) Notwithstanding paragraph (IXCXii) of this subsec-
        tion, if an  ozone or carbon monoxide  nonattainment area
        located within a metropolitan statistical area or consolidat-
        ed  metropolitan  statistical  area (as  established  by the

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25
CLEAN AIR ACT
Sec. 107
        Bureau of the Census)  is classified under part O of this
        title as a Serious, Severe, or Extreme Area, the boundaries
        of such area are hereby revised (on the date 45 days after
        such classification) by  operation  of  law to  include the
        entire  metropolitan statistical area or consolidated metro-
        politan statistical area,  as the case may be, unless within
        such 45-day  period  the Governor (in  consultation with
        State and local air pollution control agencies) notifies the
        Administrator that additional time is necessary to evalu-
        ate  the application of clause (v). Whenever a Governor has
        submitted such a notice to the Administrator,  such bound-
        ary revision shall occur on the later of the date 8 months
        after such classification  or 14 months  after the date of the
        enactment of the Clean  Air Act Amendments of 1990
        unless  the Governor makes  the  finding  referred to in
        clause  (v), and the Administrator concurs in such finding,
        within  such period. Except  as otherwise provided in this
        paragraph, a boundary revision under  this clause or clause
        (v) shall apply for purposes of any State implementation
        plan revision required to be submitted  after the date of the
        enactment of the Clean Air Act Amendments of 1990.
          (v) Whenever the Governor of a State has submitted a
        notice under clause (iv),  the Governor,  in consultation with
        State and local air pollution control agencies, shall under-
        take a  study to evaluate whether  the entire metropolitan
        statistical area  or consolidated  metropolitan statistical
        area should be included within  the nonattainment  area.
        Whenever a Governor finds and demonstrates  to the satis-
        faction of the  Administrator, and  the Administrator con-
        curs in such finding,  that with respect to a portion of a
        metropolitan statistical  area or consolidated metropolitan
        statistical area, sources in the portion  do not contribute
        significantly to violation of the national ambient air qual-
        ity standard,  the Administrator shall  approve the Gover-
        nor's request to exclude such portion  from the nonattain-
        ment area. In making such finding, the Governor and the
        Administrator shall  consider  factors  such as  population
        density, traffic congestion, commercial development, indus-
        trial development, meteorological conditions, and pollution
        transport.
          (B) PM-10 DESIGNATIONS.—By operation of law, until  re-
        designation  by  the  Administrator  pursuant  to  para-
        graph (3)—
             (i) each area identified in 52 Federal Register 29383
            (Aug. 7,  1987) as a Group I area (except to the extent
            that such identification  was modified by the Adminis-
            trator before the date of the enactment of the Clean
            Air Act Amendments of 1990) is designated nonattain-
            ment for PM-10;
             (ii) any area containing a site for which air quality
            monitoring data show a violation of the national ambi-
            ent air quality standard for PM-10 before January 1,
            1989 (as determined under part 50, appendix K of title

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 Sec. 108	CLEAN AIR ACT	26

            40 of the Code of Federal Regulations) is hereby desig-
            nated nonattainment for PM-10; and
              (iii) each  area  not described in clause (i) or (ii) is
            hereby designated unclassifiable for PM-10.
        Any designation for particulate matter (measured in terms
        of total  suspended particulates) that the  Administrator
        promulgated pursuant to this subsection  (as in effect im-
        mediately before the  date  of the enactment of the Clean
        Air Act  Amendments of 1990) shall  remain in effect for
        purposes of implementing the maximum  allowable in-
        creases in concentrations of particulate matter  (measured
        in terms of total suspended particulates)  pursuant to sec-
        tion  163(b),  until the  Administrator determines that such
        designation  is no longer necessary for that purpose.
      (5) DESIGNATIONS FOR LEAD.—The Administrator may, in the
    Administrator's  discretion  at  any time the  Administrator
    deems appropriate, require a State to designate areas (or por-
    tions thereof) with respect to the national ambient air quality
    standard for  lead in effect as of the date of the enactment of
    the Clean Air Act Amendments of 1990, in accordance with the
    procedures under subparagraphs (A) and  (B) of  paragraph (1),
    except that  in  applying  subparagraph  (BXi) of paragraph (1)
    the phrase "2 years  from  the date of promulgation of the new
    or revised national ambient air quality standard" shall be re-
    placed by the phrase "1 year from the date the  Administrator
    notifies the State of the requirement to designate areas with
    respect to the standard for lead".
  (eXD Except as otherwise provided in paragraph (2), the Gover-
nor of each State is  authorized, with the approval of the Adminis-
trator, to redesignate from time to  time the air quality control re-
gions within  such State  for purposes of efficient and effective air
quality management. Upon such redesignation, the list under sub-
section (d) shall be modified accordingly.
  (2) In the case of an air quality control region in a State, or part
of such region, which the Administrator finds may significantly
affect air  pollution  concentrations in another State, the Governor
of the State in which such region, or part  of a region, is located
may redesignate  from time to time the boundaries  of so much of
such air quality control region as is located  within such State only
with the approval of the Administrator  and  with the consent of all
Governors  of all  States which the  Administrator  determines may
be significantly affected.
  (3) No compliance  date extension granted under section  113(dX5)
(relating to coal conversion) shall cease  to be effective by reason of
the regional limitation provided in  section 113(dX5) if the violation
of such limitation is  due solely to a  redesignation of a region under
this subsection.
[42 U.S.C. 7407]

          AIR QUALITY CRITERIA AND CONTROL TECHNIQUES

  SEC. 108. (aXD  For the purpose of establishing national primary
and  secondary ambient  air quality standards, the  Administrator
shall within 30 days after the date of enactment of the Clean Air

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27
CLEAN AIR ACT
Sec. IDS
Amendments of 1970 publish, and shall from time to time thereaf-
ter revise, a list which includes each air pollutant—
      (A) emissions of which, in his judgment, cause or contribute
    to air pollution which may reasonably be anticipated to endan-
    ger public health or welfare;
      (B) the presence of which in the ambient air results from nu-
    merous or diverse mobile or stationary sources; and
      (C) for which air quality criteria had not been issued before
    the date of enactment of the Clean Air Amendments of 1970,
    but for which he plans to issue air quality criteria under this
    section.
  (2) The Administrator shall issue air quality criteria for an air
pollutant within 12 months after he has included such pollutant in
a list under paragraph (1). Air quality criteria for an air pollutant
shall accurately reflect the latest scientific knowledge useful in in-
dicating the kind and extent of all identifiable  effects on  public
health or welfare which may  be expected from the presence of such
pollutant in the ambient air,  in varying quantities. The  criteria for
an air pollutant, to the extent practicable, shall include informa-
tion on—
      (A) those variable factors (including atmospheric  conditions)
    which of themselves or in combination with other factors may
    alter the effects on  public health or welfare of such air pollut-
    ant;
      (B) the types of air pollutants which, when  present in the at-
    mosphere,  may interact with such pollutant to produce an ad-
    verse effect on public health or welfare; and
      (C) any known or  anticipated adverse effects on welfare.
  (bXD Simultaneously with  the issuance of criteria under subsec-
tion  (a), the Administrator shall, after consultation with appropri-
ate advisory committees  and Federal departments and  agencies,
issue to the States and appropriate air pollution control agencies
information on air pollution control techniques, which information
shall include data relating to the cost of installation and operation,
energy requirements, emission reduction benefits, and environinen-
tal impact of the emission control technology. Such information
shall include such data as are  available on available  technology
and alternative methods of prevention and control of air pollution.
Such information shall also include data on alternative  fuels, proc-
esses, and  operating methods which will result in elimination or
significant reduction of emissions.
  (2) In order to assist in the development of information on pollu-
tion  control techniques, the Administrator may establish a stand-
ing consulting  committee for each air pollutant  included in a list
published pursuant to subsection (aXD, which shall be comprised of
technically qualified individuals representative of State and local
governments,  industry,  and  the economic community.  Each  such
committee shall submit, as appropriate, to the Administrator infor-
mation related to that required by paragraph (1).
  (c) The Administrator shall from time to time review, and, as ap-
propriate, modify, and reissue any criteria or information on con-
trol techniques issued pursuant to this section. Not later than six
months  after the date  of the enactment of the Clean Air  Act

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 Sec. 108
CLEAN AIR ACT
28
 Amendments of 1977, the Administrator shall revise and reissue
 criteria  relating to concentrations of NO2 over such  period  (not
 more than three hours) as he deems appropriate.  Such criteria
 shall include a discussion of nitric and nitrous acids, nitrites, ni-
 trates, nitrosamines, and other carcinogenic and potentially carci-
 nogenic derivatives of oxides of nitrogen.
  (d) The  issuance of air  quality criteria and information on air
 pollution control  techniques shall be  announced  in the Federal
 Register and copies shall be made available to the general public.
  (e) The Administrator shall, after consultation with the Secretary
 of Transportation, and after  providing public notice and opportuni-
 ty for comment, and with State and  local officials, within nine
 months after enactment of the Clean Air Act Amendments of 1989
 and  periodically thereafter as necessary to maintain a continuous
 transportation-air quality planning process, update  the  June 1978
 Transportation-Air Quality Planning Guidelines and publish guid-
 ance on the  development and implementation of  transportation
 and  other measures necessary to demonstrate and maintain attain-
ment of national  ambient air quality standards.  Such  guidelines
shall include information on—
      (1) methods  to identify and evaluate alternative planning
    and control activities;
      (2) methods of reviewing  plans on  a  regular basis as condi-
    tions change or new information is presented;
      (3) identification  of funds and  other  resources necessary to
    implement the plan, including interagency agreements on  pro-
    viding such funds and resources;
      (4) methods  to assure participation by the  public  in  all
    phases of the planning process; and
      (5) such other methods as the Administrator determines  nec-
    essary to carry out a continuous planning process.
  (fXl) The Administrator  shall publish and make available to ap-
propriate Federal, State, and local environmental and transporta-
tion  agencies not later than one year after enactment of the Clean
Air Act Amendments of 1990, and from time to time thereafter—
      (A) information prepared,  as  appropriate, in consultation
    with the Secretary of  Transportation, and  after providing
    public  notice and opportunity for comment, regarding the for-
    mulation  and emission  reduction potential of transportation
    control measures related to criteria pollutants and their  pre-
    cursors, including, but not limited to—
          (i) programs for improved public transit;
          (ii)  restriction of certain roads or lanes to, or construc-
        tion of such roads or lanes for use by, passenger buses or
        high occupancy vehicles;
          (iii)  employer-based transportation management  plans,
        including incentives;
          (iv) trip-reduction ordinances;
          (v) traffic flow improvement programs that achieve emis-
        sion reductions;
          (vi) fringe and transportation corridor parking facilities
        serving multiple occupancy  vehicle programs  or  transit
        service;

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                         CLEAN AIR ACT
Sec. 108
          (vii)  programs to limit or restrict  vehicle use in down-
        town areas  or other areas of emission concentration par-
        ticularly during periods of peak use;
          (viii) programs for the provision of all  forms of high-oc-
        cupancy, shared-ride services;
          (ix) programs to  limit portions of  road surfaces or cer-
        tain sections of the metropolitan area to the  use of non-
        motorized vehicles  or pedestrian use, both as to time and
        place;
          (x) programs  for secure  bicycle storage  facilities and
        other facilities, including bicycle lanes, for the convenience
        and protection of  bicyclists,  in  both public and private
        areas;
          (xi) programs to control extended idling of vehicles;
          (xii) programs to  reduce motor vehicle emissions, consist-
        ent with title II, which are  caused by extreme cold start
        conditions;
          (xiii)  employer-sponsored  programs  to permit flexible
        work schedules;
          (xiv) programs  and ordinances to facilitate non-automo-
        bile travel, provision and utilization of mass transit, and to
        generally reduce  the  need  for  single-occupant vehicle
        travel, as part of transportation planning  and development
        efforts of a locality, including programs and ordinances ap-
        plicable to new shopping centers, special events, and  other
        centers of vehicle activity;
          (xv)  programs  for new construction and  major recon-
        structions of paths,  tracks or areas solely for the use by pe-
        destrian or  other non-motorized means of transportation
        when economically  feasible and in the public interest. For
        purposes of this clause, the Administrator shall also con-
        sult with the Secretary of the Interior; and
          (xvi) program to  encourage the voluntary removal from
        use and the marketplace of pre-1980 model year light duty
        vehicles and pre-1980 model light duty trucks.
      (B) information on additional methods or strategies that will
    contribute to the reduction of mobile source related pollutants
    during  periods  in  which  any  primary  ambient  air quality
    standard will be exceeded and during episodes for which an air
    pollution alert, warning, or emergency has been declared;
      (C) information on  other measures which may be employed
    to reduce the impact  on public health or  protect the health of
    sensitive or susceptible individuals or groups; and
      (D)  information on the extent to which any process,  proce-
    dure,  or method to reduce or control such air pollutant may
    cause an increase in  the emissions or formation of any  other
    pollutant.
  (2) In publishing such information the Administrator shall also
include an assessment of—
      (A)  the relative effectiveness  of such processes,  procedures,
    and methods;

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Sec. 109
CLEAN AIR ACT
30
      (B) the potential effect of such processes, procedures, and
    methods on transportation system and the provision of trans-
    portation services; and
      (C) the environmental, energy, and economic impact of such
    processes, procedures, and methods.
  (3) The Secretary of Transportation and the Administrator shall
submit to Congress by January 1, 1993, and every 3 years thereaf-
ter a report that—
      (A) reviews and analyzes existing State and local air quality-
    related transportation  programs, including specifically any
    analyses of whether adequate funding is available to complete
    transportation  projects  identified  in  State  implementation
    plans in the time required by applicable State implementation
    plans and any Federal efforts to promote those programs;
      (B) evaluates the extent to which the Department of Trans-
    portation's existing air quality-related transportation programs
    and such Department's proposed budget will achieve the goals
    of and compliance with this Act; and
      (C) recommends  what, if any, changes to such  existing pro-
    grams  and proposed budget as well as any statutory authority
    relating to  air quality-related  transportation  programs  that
    would improve the achievement of the goals of and compliance
    with the Clean Air Act.
  (4) In  each report  to Congress  after the  first  report required
under paragraph (3), the Secretary of Transportation shall include
a description of the actions taken to implement the changes recom-
mended in the preceding report.
  (g) ASSESSMENT  OF RISKS  TO  ECOSYSTEMS.—The Administrator
may assess the risks to ecosystems from exposure to criteria air
pollutants (as identified by the Administrator in the Administra-
tor's sole discretion).
  (h)  RACT/BACT/LAER  CLEARINGHOUSE.—The  Administrator
shall  make  information  regarding  emission control technology
available to the States and to the general public through a central
database. Such information shall include all control technology in-
formation received pursuant to State plan provisions requiring per-
mits for  sources, including operating  permits for existing sources.
[42 U.S.C. 7408]

            NATIONAL AMBIENT AIR QUALITY STANDARDS

  SEC. 109. (aXD The Administrator—
      (A) within 30 days after the date of enactment of the Clean
    Air Amendments of 1970, shall publish proposed regulations
    prescribing  a  national primary ambient air  quality standard
    and a national secondary ambient air quality standard for each
    air pollutant for which air  quality criteria have been issued
    prior to such date of enactment; and
      (B) after a reasonable time for  interested persons to submit
    written comments  thereon (but no later than 90 days after the
    initial  publication  of such proposed standards) shall by regula-
    tion promulgate such proposed national primary and secondary
    ambient air quality standards with  such modifications as he
    deems appropriate.

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31
CLEAN AIR ACT
Sec. 109
  (2) With respect to any air pollutant for which air quality crite-
ria are issued after the date of enactment of the Clean Air Amend-
ments of 1970,  the  Administrator shall publish, simultaneously
with the issuance of such  criteria and information, proposed na-
tional  primary and  secondary  ambient  air  quality standards for
any such pollutant. The procedure provided for in paragraph (1KB)
of this subsection shall apply to the promulgation  of such stand-
ards.
  (bXD National primary ambient air quality standards, prescribed,
under subsection (a) shall be ambient air quality standards the at-
tainment and maintenance of which in the judgment of the Admin-
istrator, based on such criteria and allowing an adequate margin of
safety, are requisite to protect the  public health.  Such primary
standards may be revised in the same manner as promulgated.
  (2) Any national secondary ambient air  quality standard pre-
scribed, under subsection (a) shall specify a level of air quality the
attainment and  maintenance of which  in the judgment of the Ad-
ministrator,  based on  such criteria, is requisite to protect  the
public welfare from any known or anticipated adverse effects asso-
ciated with the presence of such air pollutant in the ambient air.
Such secondary standards may be revised in the  same manner as
promulgated.
  (c) The Administrator shall,  not later than one  year after the
date of the enactment  of the Clean Air Act Amendments of 1977,
promulgate a national primary ambient air quality standard for
NO* concentrations over a period of not more than 3 hours unless,
based on the criteria  issued under  section 108(c), he finds  that
there is no significant evidence that such a standard for  such  a
period is requisite to  protect public health.
  (dXD Not later than December 31, 1980, and at five-year inter-
vals  thereafter,  the  Administrator shall complete  a thorough
review of the criteria published under section 108 and the national
ambient air quality standards promulgated under this section and
shall make such revisions in such criteria and standards and pro-
mulgate such new standards as  may be appropriate in accordance
with section 108 and subsection (b) of this section. The Administra-
tor may review  and revise  criteria or  promulgate  new standards
earlier or more frequently than required under this paragraph.
    (2XA) The Administrator shall appoint an independent scientif-
    ic review committee composed of seven  members including at
    least one member  of the National  Academy of Sciences,  one
    physician, and one person representing State air pollution con-
    trol agencies.
  (B)  Not later  than January  1, 1980,  and  at five-year  intervals
thereafter,  the committee  referred to  in subparagraph (A) shall
complete a review of the criteria published under section  108  and
the national  primary and secondary ambient air quality standards
promulgated  under this  section and shall recommend to the Ad-
ministrator any new  national ambient air quality standards and re-
visions of existing criteria and  standards as may be appropriate
under section 108 and subsection (b) of this section.
  (C)  Such committee  shall also (i) advise  the Administrator of
areas in which  additional  knowledge is required to appraise the

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Sec. 110	CLEAN AIR ACT	32

adequacy and basis of existing, new, or revised national ambient
air quality standards, (ii) describe the research efforts necessary to
provide the required information, (iii) advise the Administrator on
the relative contribution to air pollution concentrations of natural
as well as anthropogenic activity, and (iv) advise the Administrator
of any adverse public  health, welfare, social, economic, or energy
effects which may result from various strategies for  attainment
and maintenance  of such national  ambient air quality standards.
[42 U.S.C. 7409]

                    IMPLEMENTATION PLANS

  SEC. 110. (a)(l)  Each  State  shall,  after reasonable  notice  and
public hearings, adopt and  submit  to the Administrator, within 3
years (or such shorter  period as the Administrator may prescribe)
after the promulgation of a national primary ambient air  quality
standard (or any revision thereof) under section 109 for any  air pol-
lutant, a  plan which  provides for implementation,  maintenance,
and enforcement of such primary standard in each air quality con-
trol region (or portion thereof) within such State. In addition, such
State shall adopt and submit to the Administrator (either as a part
of a plan submitted under the preceding  sentence or separately)
within 3 years (or such  shorter period as  the  Administrator may
prescribe) after the promulgation of a national  ambient air quality
secondary standard (or revision thereof), a  plan which provides for
implementation, maintenance, and  enforcement of such secondary
standard in  each  air  quality control region (or portion thereof)
within such  State. Unless a separate public hearing is  provided,
each  State shall  consider  its plan implementing such secondary
standard at the hearing required by the first sentence of this para-
graph.
  (2)  Each implementation  plan submitted by a State under  this
Act  shall be adopted  by the  State  after reasonable  notice  and
public hearing. Each such plan shall—
      (A) include  enforceable emission limitations and other con-
    trol measures, means, or techniques (including economic incen-
    tives  such as  fees,  marketable  permits,  and  auctions of
    emissions rights), as well as schedules  and timetables for com-
    pliance, as may be necessary or appropriate to meet the appli-
    cable requirements of this Act;
      (B) provide  for establishment and operation of appropriate
    devices, methods, systems, and procedures necessary to—
          (i) monitor,  compile, and analyze data on ambient air
        quality, and
          (ii) upon request, make such data available to the Ad-
        ministrator;
      (C) include  a program to provide for the enforcement of the
    measures described in subparagraph (A), and regulation of the
    modification and construction of any stationary source within
    the areas covered by the plan as necessary to assure that na-
    tional ambient air quality standards are achieved,  including a
    permit program as required in parts C and D;
      (D) contain adequate provisions—

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33	CLEAN AIR ACT	Sec. 110

          (i) prohibiting, consistent  with the  provisions  of  this
        title, any source or other type of emissions activity within
        the State from emitting any air pollutant  in  amounts
        which will—
              (I) contribute significantly to  nonattainment in, or
            interfere with maintenance by,  any other State with
            respect to any such national primary or secondary am-
            bient air quality standard, or
              (II) interfere with measures required to be included
            in the  applicable implementation plan for any other
            State under part C to prevent significant deterioration
            of air quality or to protect visibility,
          (ii)  insuring compliance  with  the  applicable  require-
        ments of sections 126 and 115 (relating to interstate  and
        international pollution abatement);
      (E) provide (i) necessary assurances that the State (or, except
    where the  Administrator  deems inappropriate,  the  general
    purpose  local  government or  governments,  or a  regional
    agency designated by the State or general  purpose local gov-
    ernments  for  such  purpose)  will  have  adequate personnel,
    funding, and authority under State (and, as appropriate, local)
    law to carry out such implementation plan (and is not prohibit-
    ed by any provision of Federal or State law from carrying out
    such implementation plan or portion thereof), (ii) requirements
    that the State comply with the requirements respecting State
    boards under section 128, and (iii) necessary assurances that,
    where the State has relied on a local or regional government,
    agency,  or instrumentality for the implementation of any plan
    provision,  the State has responsibility for ensuring adequate
    implementation of such plan provision;
      (F) require, as may be prescribed by the Administrator—
          
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 Sec. 110
CLEAN AIR ACT
34
        which it implements or to otherwise comply with any addi-
        tional requirements established under this Act;
      (I) in the case of a plan or plan revision for an area designat-
    ed as a nonattainment area, meet the applicable requirements
    of part D (relating to nonattainment areas);
      (J) meet the applicable requirements of section 121 (relating
    to consultation), section  127  (relating to public  notification),
    and part C (relating to prevention of significant deterioration
    of air quality and visibility protection);
      (K) provide for—
          (i) the performance of such air quality modeling as the
        Administrator may prescribe for the purpose of predicting
        the effect on ambient air quality of any emissions of any
        air pollutant for which the Administrator has  established
        a national ambient air quality standard, and
          (ii) the submission, upon request, of data related to  such
        air quality modeling to the Administrator;
      (L) require the owner or operator of  each major stationary
    source to pay to the  permitting authority, as a condition of any
    permit required under this Act, a fee sufficient to cover—
          (i) the reasonable costs of reviewing and acting upon any
        application for such a permit, and
          (ii) if the owner or operator receives a permit for  such
        source, the reasonable costs of implementing and enforcing
        the terms and conditions of any such permit (not including
        any court costs or other costs associated with any enforce-
        ment action),
    until such fee  requirement  is superseded with respect  to  such
    sources  by the Administrator's approval  of a fee program
    under title V; and
      (M) provide for consultation and participation by local politi-
    cal subdivisions affected by the plan.
  (3) [(A)] *
  (B)  As soon as  practicable, the Administrator shall, consistent
with the purposes of this Act and the Energy Supply and Environ-
mental Coordination Act of 1974, review each State's applicable im-
plementation plans and report to the State on whether  such plans
can be revised in relation to fuel burning  stationary sources (or
persons supplying  fuel to such sources) without interfering  with
the attainment and maintenance of any national ambient air qual-
ity standard within the period permitted in this section. If  the Ad-
ministrator determines that any such plan can  be revised, he shall
notify the  State that a  plan  revision may be submitted  by the
State. Any  plan revision  which is submitted by the State shall,
after  public notice and opportunity for public hearing, be approved
by the Administrator if the revision relates only to fuel burning
stationary sources (or  persons supplying fuel to such sources), and
the plan as revised complies with paragraph (2) of this  subsection.
The  Administrator  shall approve  or  disapprove any revision no
later than three months after its submission.
  1 Subparagraph (A) repealed by section lOKdXD of P.L. 101-549 (104 Stat. 2409).

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35
CLEAN AIR ACT
Sec. 110
  (C) Neither the State, in the case of a plan (or portion  thereof)
approved under this subsection, nor the Administrator, in the case
of a  plan  (or portion thereof) promulgated  under subsection (c),
shall be required to revise an applicable implementation plan be-
cause one or more exemptions under section 118 (relating to Feder-
al facilities), enforcement  orders under  section 113(d), suspensions
under section 110 (f) or (g) (relating to temporary energy or eco-
nomic authority), orders under section 119  (relating to primary
nonferrous  smelters), or extensions  of compliance in decrees en-
tered under section 1 13(e)  (relating to iron- and steel-producing op-
erations) have been  granted,  if such plan would have met the re-
quirements of this section  if no such exemptions, orders, or exten-
sions had been granted.
  (SXAXi) Any State may include in a State implementation plan,
but the Administrator may not require  as a condition of approval
of such plan  under this  section, any indirect  source review pro-
gram. The Administrator may approve  and enforce, as part of an
applicable implementation plan, an indirect source review program
which the State chooses to adopt and submit as part of its plan.
  (ii) Except as provided in subparagraph (B), no plan promulgated
by the Administrator shall include any  indirect source review pro-
gram for any air quality control region, or portion thereof.
  (iii) Any State may revise an applicable implementation plan ap-
proved under section  110(a) to suspend or revoke any such program
included in such  plan, provided that such plan meets the require-
ments of this section.
  (B) The Administrator  shall have the authority  to promulgate,
implement and enforce regulations under section 110(c) respecting
indirect source review programs which  apply only to federally as-
sisted highways, airports, and other major federally assisted indi-
rect sources and federally owned or operated indirect sources.
  (C) For purposes of this paragraph, the term "indirect source"
means a  facility,  building, structure, installation, real property,
road, or highway which attracts, or may attract, mobile sources of
pollution. Such term includes parking  lots, parking  garages, and
other facilities subject to any measure for management of parking
supply (within the meaning of section  110(cX2XDXii)), including reg-
ulation  of existing off-street  parking  but such term does not in-
clude new or existing on-street parking. Direct emissions sources or
facilities at, within, or associated with,  any  indirect source shall
not be deemed indirect sources for the  purpose of this paragraph.
  (D) For  purposes of this paragraph  the term "indirect  source
review program" means  the facility-by-facility review of indirect
sources of air pollution, including such  measures as are necessary
to assure, or  assist in assuring, that a new or modified indirect
source will  not attract mobile  sources  of air pollution, the emis-
sions from which would cause or contribute to air pollution concen-
trations —
  1 Paragraph (4) it repealed by section 101(dX2) of P.L. 101-649 (104 Stat. 2409).

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 Sec. 110
CLEAN AIR ACT
36
      (i) exceeding any national primary ambient air quality stand-
    ard for a mobile source-related air pollutant after the primary
    standard attainment date, or
      (ii) preventing maintenance of any such standard after such
    date.
   (E) For purposes of this paragraph and paragraph (2KB), the term
 "transportation control measure" does  not include any measure
 which is an "indirect source review program".
   (6) No State plan shall be treated as meeting the requirements of
 this section  unless  such  plan provides that in the  case  of any
 source which uses a supplemental, or intermittent control  system
 for purposes of meeting the requirements of an order under section
 113(d) or  section 119  (relating to primary  nonferrous smelter
 orders), the owner or operator of such source may not temporarily
 reduce the pay of any employee by reason of the use of such sup-
 plemental or intermittent or other dispersion dependent  control
 system.
  (b) The Administrator may, wherever he determines necessary,
 extend  the period for submission of any plan  or portion  thereof
 which implements a national secondary  ambient air-quality stand-
 ard for a period not to exceed eighteen months from the date other-
 wise required for submission of such plan.
  (cXl) The Administrator shall promulgate a Federal implementa-
tion plan at any time within 2 years after the Administrator—
      (A) finds that  a State has failed to make a required submis-
    sion or finds that  the plan or plan  revision submitted by the
    State does not satisfy the minimum criteria established under
    section HO(kXlXA), or
      (B)  disapproves a State implementation plan  submission in
    whole or in part,
unless the State corrects the deficiency, and the Administrator ap-
proves the plan or plan revision, before the Administrator promul-
gates such Federal implementation plan.
  (2X(A)]»
  (B) No parking surcharge regulation may be required by the Ad-
ministrator under paragraph (1) of this subsection as a part of an
applicable implementation plan. All parking surcharge regulations
previously required  by the Administrator shall be  void upon the
date of enactment of this subparagraph. This subparagraph shall
not prevent the Administrator from  approving parking surcharges
if they are adopted and submitted by a State as part of an applica-
ble implementation plan. The Administrator may not condition ap-
proval of any implementation plan submitted by a  State on  such
plan's including a parking surcharge regulation.
   [ of P.L. 101-549 (104 Stat. 2409).
  1 Subparagraph (C) repealed by section 101(dX3) of P.L. 101-549, (104 Stat. 2409).

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37
CLEAN AIR ACT
Sec. 110
      (ii) The term "management of parking supply" shall include
    any requirement providing that any new facility containing a
    given number of parking spaces shall receive a permit or other
    prior approval,  issuance of which is to be  conditioned on  air
    quality considerations.
      (iii) The term "preferential bus/carpool lane" shall  include
    any requirement for the setting aside of one or more lanes of a
    street or highway on a permanent or temporary basis for the
    exclusive use of buses or carpools, or both.
  (E) No standard, plan, or requirement, relating  to management
 of parking  supply or preferential bus/carpool lanes shall  be pro-
 mulgated after the date of enactment of this paragraph by the Ad-
 ministrator pursuant to this section, unless such promulgation has
 been  subjected to at least one  public hearing which has been held
 in the area  affected and for which reasonable notice has been given
 in such area.  If substantial  changes are  made  following  public
 hearings, one or more additional hearings shall  be held in such
 area after such notice.
  (3)  Upon application of the chief executive officer of any general
 purpose unit of local government, if the Administrator determines
 that such unit has adequate authority under State or local law, the
 Administrator  may  delegate to such unit the authority  to imple-
 ment and enforce within the jurisdiction of such unit any part of a
 plan promulgated under this subsection.  Nothing in this paragraph
 shall  prevent the Administrator from implementing or enforcing
 any applicable provision of a plan promulgated under this subsec-
 tion.
  (5) HA) Any  measure in  an  applicable  implementation  plan
 which requires a toll or other charge for  the use of a bridge located
 entirely within one city shall be eliminated from such plan by the
 Administrator  upon application by  the Governor of the  State,
 which application shall  include a certification by the Governor that
 he will revise such plan in accordance with subparagraph (B).
  (B)  In the case of any applicable  implementation plan with  re-
 spect  to which a measure has been eliminated under subparagraph
 (A), such plan shall, not later than one  year after  the date of the
 enactment of this subparagraph, be  revised to include comprehen-
 sive measures to:
      (i) establish, expand, or  improve public transportation meas-
    ures to  meet basic transportation needs, as  expeditiously as is
    practicable; and
      (ii) implement transportation control measures necessary to
    attain and maintain national ambient air quality standards,
 and such revised plan shall, for the purpose of implementing such
comprehensive  public  transportation  measures, include  require-
 ments to use (insofar as is necessary) Federal grants, State or local
funds, or any combination of such grants and funds as may be con-
 sistent with the terms of the legislation  providing such grants and
funds. Such  measures shall, as  a substitute  for the  tolls or charges
eliminated under subparagraph (A), provide  for emissions reduc-
  ' Paragraph (4) repealed by section IQKdXtt) of P.L. 101-549 (104 Stat. 24091.

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Sec. 110 _ CLEAN AIR ACT _ 38

tions equivalent to the reductions which may reasonably be expect-
ed to be achieved through the use of the tolls or charges eliminat-
ed.
  (C) Any revision of  any implementation  plan  for  purposes of
meeting the requirements of subparagraph  (B) shall be submitted
in coordination with any plan revision required under part D.
   [(e)]1
  (fXD Upon application by the owner or operator of a fuel burning
stationary source, and after notice and opportunity for public hear-
ing, the Governor of the State in which  such source is  located may
petition  the President to determine  that  a national or regional
energy emergency exists of such severity that —
      (A) a  temporary suspension of any part of the applicable im-
    plementation plan8  or any  requirement  under  section  411
    (concerning excess emissions penalties  or offsets) of title IV of
    the Act may be necessary, and
      (B) other means of responding to the energy emergency may
    be inadequate.
Such determination shall not be delegable by the President to any
other person. If the President determines that a national or region-
al energy emergency of such severity exists, a temporary emergen-
cy suspension of any part of an applicable implementation plan3
or any requirement under section 411 (concerning excess emissions
penalties or offsets) of title IV of the Act adopted by the State may
be issued by the Governor of any State  covered by the President's
determination under  the condition  specified in paragraph (2) and
may take effect immediately.
  (2) A  temporary emergency suspension  under this subsection
shall be issued to a source only if the Governor of such State finds
that—
      (A) there exists in the vicinity of such  source  a temporary
    energy  emergency  involving high levels of  unemployment or
    loss of necessary energy supplies for residential dwellings; and
      (B) such unemployment or loss can be totally or partially al-
    leviated by such emergency suspension.
Not more than one such suspension may be issued for any source
on the basis of the same set of circumstances or on the basis of the
same emergency.
  (3) A temporary emergency suspension issued by  a Governor
under this subsection shall remain in effect for a maximum  of four
months or such lesser period as may be specified in a disapproval
order of the Administrator, if any.  The Administrator may disap-
prove such  suspension if he determines that it does not meet the
requirements of paragraph (2).
  (4) This subsection shall not apply in the case of a plan provision
or requirement promulgated by the Administrator under subsec-
tion (c) of this  section,  but in any such  case the  President may
  < Subsections (e) and (f) repealed by section 101(d> of PL. 101-549. (104 Stat. 2409).
  3PL 101-549 sec. 412, 104 Stat. 2*534. amended section 110(1X1) by inserting "or of any re-
quirement under section 411 (concerning excess emissions penalties or offset*) of title IV of the
Act" after "implementation plan" without further specification. The amendment waa executed
both places "implementation plan" appears.
  'See footnote 1.

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39
CLEAN AIR ACT
Sec. 110
grant a temporary emergency suspension for a four month period
of any such provision  or requirement if he makes the determina-
tions and findings specified in paragraphs (1) and (2),
  (5) The Governor may include in any temporary emergency sus-
pension  issued under  this subsection a provision delaying for a
period identical to the period of such suspension any compliance
schedule (or increment of progress) to which such source is subject
under section 119, as in effect before the date of the enactment of
this paragraph or section  113(d)  of this Act, upon a finding that
such source is unable to comply with such schedule (or increment)
solely because of the conditions on the basis of which a suspension
was issued under this subsection.
  (gXD In the case of any State which has adopted and submitted
to the Administrator a proposed plan revision which the State  de-
termines—
      (A) meets the requirements of this section, and
      (B) is necessary (i) to prevent the closing  for one year  or
     more of any source of air pollution, and (ii) to prevent substan-
    tial increases in unemployment which would  result from such
    closing, and
which the  Administrator has not approved or disapproved under
this section within 12  months of submission of the proposed plan
revision,  the Governor may issue a temporary emergency suspen-
sion of the part  of the applicable implementation plan  for such
State which is proposed to  be revised with respect to such source.
The determination under subparagraph (B) may not be made with
respect to a source which would  close without regard whether or
not the proposed plan revision is approved.
  (2) A temporary emergency suspension issued  by a  Governor
under this subsection shall  remain in effect for a maximum of four
months or  such lesser  period as may be  specified in a disapproval
order of the Administrator. The Administrator  may disapprove
such suspension if he determines that it does not meet the require-
ments of this subsection.
  (3) The Governor may include in any temporary emergency sus-
pension issued under  this  subsection  a provision  delaying for a
period identical to the period of such suspension  any compliance
schedule  (or increment of progress) to which such source is subject
under section 119 as in effect before the date  of the enactment of
this paragraph, or under section 113(d) upon  a finding that such
source is unable to comply with such schedule (or increment) solely
because of the conditions on the  basis of which a suspension was
issued under this  subsection.
  (hXD Not later than 5 years after the date of enactment of the
Clean Air Act Amendments of 1990, and every three years thereaf-
ter, the Administrator  shall assemble and publish a comprehensive
document for each State setting forth all  requirements of the appli-
cable implementation plan  for such State and shall publish notice
in the Federal Register of the availability of such documents.
  (2) The Administrator may promulgate such regulations as may
be reasonably necessary to carry out the purpose of this subsection.
  (i) Except for a primary nonferrous smelter order under section
119, a suspension  under section 110 (f) or (g) (relating to emergency

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Sec. 110
CLEAN AIR ACT
suspensions), an exemption  under section 118 (relating to certain
Federal facilities), an order under section 113(d) (relating to compli-
ance orders), a plan promulgation under section  110(c), or  a plan
revision under section 110(aX3), no order, suspension, plan revision,
or other action modifying any requirement of an applicable imple-
mentation plan may be taken with respect to any stationary source
by the State or by the Administrator.
  (j) As a condition for issuance of any permit required under this
title, the owner or operator of each new or  modified stationary
source which is required to obtain such a permit must show to the
satisfaction  of the permitting authority that the technological
system of continuous  emission reduction which is to be used will
enable such source to comply with the standards of performance
which  are to apply to such source and that  the construction or
modification and operation  of such source will be in  compliance
with all other requirements of this Act.
  (k) ENVIRONMENTAL PROTECTION AGENCY ACTION ON PLAN SUB-
MISSIONS.—
      (1) COMPLETENESS OF PLAN SUBMISSIONS.—
         (A) COMPLETENESS CRITERIA.—Within 9 months after the
        date of the enactment of the Clean Air Act Amendments
        of 1990,  the Administrator shall promulgate minimum cri-
        teria that any plan submission  must meet before the Ad-
        ministrator is required to act on such submission under
        this subsection. The criteria shall be limited to the infor-
        mation  necessary to  enable the  Administrator to deter-
        mine whether the plan submission complies with the pro-
        visions of this Act.
         (B) COMPLETENESS FINDING.—Within 60 days of the Ad-
        ministrator's  receipt of  a plan or plan  revision, but  no
        later than  6  months after the date,  if any,  by which a
        State is required to submit the plan or revision, the Ad-
        ministrator shall determine whether the minimum criteria
        established pursuant to subparagraph (A) have been met.
        Any plan or plan revision that a State submits to the Ad-
        ministrator, and that has not been determined by the Ad-
        ministrator (by the date 6 months after receipt of the sub-
        mission) to have failed to meet the minimum  criteria  es-
        tablished pursuant to subparagraph (A), shall on that date
        be deemed by operation of law to meet such minimum cri-
        teria.
         (C) EFFECT  OF FINDING  OF INCOMPLETENESS.—Where the
        Administrator determines that a plan submission (or part
        thereof) does  not meet the minimum criteria  established
        pursuant to subparagraph (A), the State shall be treated as
        not  having made the submission (or, in  the  Administra-
        tor's discretion, part thereof).
      (2) DEADLINE FOR ACTION.—Within 12 months of a determina-
    tion by the Administrator (or  a determination deemed by  oper-
    ation of law) under paragraph (1) that a State has submitted a
    plan or plan revision  (or, in the Administrator's  discretion,
    part thereof) that meets the minimum criteria established pur-
    suant to paragraph (1), if applicable (or, if those criteria are

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41	CLEAN AIR ACT	Sec. 110

    not applicable, within 12 months of submission of the plan or
    revision), the Administrator shall act on the submission  in ac-
    cordance with paragraph (3).
      (3) FULL AND PARTIAL APPROVAL AND DISAPPROVAL.—In  the
    case of any submittal on which the Administrator is required
    to act  under paragraph (2),  the Administrator shall approve
    such submittal as a whole if it meets all of the applicable re-
    quirements of this Act.  If a portion of the plan revision meets
    all the applicable requirements of this Act,  the Administrator
    may approve the plan revision in part and disapprove the plan
    revision in part. The plan revision shall  not be treated as  meet-
    ing the requirements of this Act until  the  Administrator  ap-
    proves the entire plan revision as complying with the applica-
    ble requirements of this Act.
      (4) CONDITIONAL APPROVAL.—The Administrator may approve
    a plan revision based on a commitment of the State to  adopt
    specific enforceable measures by a date certain, but not later
    than 1  year after the date of approval of the plan revision. Any
    such conditional approval shall be  treated as a disapproval if
    the State fails to comply with such commitment.
      (5) CALLS FOR PLAN REVISIONS.—Whenever the Administrator
    finds that the applicable implementation plan for any area is
    substantially inadequate to attain or maintain the relevant na-
    tional ambient air quality standard, to mitigate adequately the
    interstate pollutant transport described  in section 176A or sec-
    tion  184, or to otherwise comply with any requirement of this
    Act,  the Administrator shall require the State to revise the
    plan as necessary to correct  such  inadequacies. The Adminis-
    trator shall notify the State  of the inadequacies, and may es-
    tablish reasonable deadlines (not to exceed 18 months after the
    date of such notice) for  the submission  of such plan revisions.
    Such findings and  notice shall be  public. Any finding under
    this paragraph shall, to the  extent the Administrator deems
    appropriate, subject the State to the requirements of this Act
    to which the State was  subject  when it  developed and submit-
    ted the plan for which such finding was made, except that the
    Administrator may adjust any dates applicable under such re-
    quirements as appropriate (except that the Administrator may
    not adjust any attainment date prescribed under part D, unless
    such date has elapsed).
      (6) CORRECTIONS.—Whenever  the Administrator determines
    that the Administrator's action approving, disapproving,  or
    promulgating any plan  or plan revision (or part thereof), area
    designation,  redesignation, classification,  or  reclassification
    was in error, the Administrator may in the same manner  as
    the approval, disapproval, or promulgation  revise such action
    as appropriate without  requiring any further submission from
    the State.  Such determination  and the basis thereof shall  be
    provided to the State and public.
  (1) PLAN  REVISIONS.—Each revision  to an implementation plan
submitted by a State under  this Act shall be adopted by such State
after  reasonable notice and  public hearing. The Administrator
shall not approve a revision of a plan if the revision would  inter-

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Sec. 110
CLEAN AIR ACT
42
fere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171), or any other
applicable requirement of this Act.
  (m) SANCTIONS.—The Administrator may apply any of the sanc-
tions listed in section 179(b) at any time (or at any time after) the
Administrator  makes a  finding, disapproval,  or determination
under paragraphs (1) through (4), respectively, of section 179(a) in
relation to any plan or plan item (as  that term is defined by the
Administrator) required under this Act, with respect to any portion
of the State the Administrator determines reasonable and  appro-
priate, for the purpose of ensuring that the requirements of this
Act relating to such  plan or plan item are met. The Administrator
shall, by rule, establish criteria for exercising his authority under
the previous sentence with respect to any deficiency referred to in
section 179(a) to ensure that, during the 24-month period following
the finding, disapproval, or  determination referred to  in section
179(a), such sanctions are not applied on  a statewide basis where
one or more political subdivisions covered by the applicable imple-
mentation plan are principally responsible for such deficiency.
  (n) SAVINGS CLAUSES.—
      (1) EXISTING PLAN PROVISIONS.—Any provision of any applica-
    ble implementation plan  that was approved or promulgated by
    the  Administrator pursuant to this section as in effect before
    the date of the enactment of the Clean Air Act Amendments of
    1990 shall remain in effect  as part of such applicable  imple-
    mentation plan,  except  to the extent that a revision to such
    provision is approved or promulgated by the Administrator
    pursuant to this  Act.
      (2) ATTAINMENT DATES.—For any area not designated  nonat-
    tainment,  any plan or plan  revision submitted or required to
    be submitted by a State—
          (A) in response to the promulgation or revision of a na-
        tional primary ambient air quality standard in effect on
        the date of  the enactment of the Clean Air Act Amend-
        ments of 1990, or
          (B) in response to a finding of substantial inadequacy
        under subsection (aX2) (as in effect immediately before the
        date of the enactment of the Clean Air Act Amendments
        of 1990),
    shall provide for attainment of the national primary ambient
    air quality standards within 3 years of the date of the enact-
    ment of the Clean Air Act  Amendments of  1990 or within 5
    years of issuance of such finding of substantial inadequacy,
    whichever is later.
      (3) RETENTION  OF CONSTRUCTION MORATORIUM IN  CERTAIN
    AREAS.—In the case  of an area to which, immediately  before
    the date of the enactment of the Clean Air Act Amendments of
    1990, the prohibition on construction or modification of major
    stationary sources prescribed in subsection (aX2KD (as in effect
    immediately before the date  of the enactment of the Clean Air
    Act Amendments of 1990) applied by virtue of a finding of the
    Administrator that the State containing such area had not sub-
    mitted an implementation plan meeting the requirements of

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43
CLEAN AIR ACT
Sec. Ill
    section  172(bX6) (relating to establishment of a  permit pro-
    gram) (as in effect immediately before the date of enactment of
    the Clean Air  Act  Amendments of 1990)  or  172(aXl) (to  the
    extent such  requirements relate to provision for attainment of
    the primary national ambient air quality  standard for sulfur
    oxides by  December 31,  1982) as in  effect  immediately before
    the date of the enactment of the Clean Air Act Amendments of
    1990, no major stationary source of the relevant air pollutant
    or pollutants shall be constructed or modified in such area
    until the Administrator finds that the plan  for such area meets
    the  applicable  requirements of section 172(cX5)  (relating  to
    permit  programs) or  subpart 5  of part D  (relating to attain-
    ment of the primary national ambient air quality standard for
    sulfur dioxide),  respectively.
  (o) INDIAN TRIBES.—If an Indian tribe submits an implementation
plan to the Administrator pursuant to section 301(d), the plan shall
be reviewed in accordance with the provisions for review set forth
in this section for State plans, except as otherwise provided by reg-
ulation promulgated pursuant to  section  301(dX2). When such plan
becomes effective in accordance with the regulations promulgated
under section  301(d), the plan shall become  applicable to all areas
(except as expressly provided otherwise in the plan) located within
the exterior boundaries of the reservation, notwithstanding the is-
suance of any patent and including rights-of-way running through
the reservation.
  (p) REPORTS.—Any State shall submit, according to such schedule
as the Administrator may prescribe, such reports  as the Adminis-
trator  may  require relating  to emission reductions, vehicle miles
traveled, congestion levels, and any other information the Adminis-
trator may deem necessary to assess the development effectiveness,
need for revision, or implementation of any plan or plan revision
required under this Act.
[42 U.S.C. 7410]

    STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

  SEC. 111. (a) For purposes of this section:
      (1) The  term "standard of performance" means  a standard
    for emissions  of air  pollutants which  reflects the degree  of
    emission limitation achievable  through  the application  of the
    best system of  emission  reduction which (taking into account
    the cost of  achieving such reduction and  any nonair quality
    health and  environmental impact and energy  requirements)
    the Administrator determines has been adequately demonstrat-
    ed.
    For  the purpose of subparagraphs (A)  (i)  and (ii) and (B), a
    standard of performance shall reflect the degree of emission
    limitation and the percentage reduction  achievable through ap-
    plication of the best technological system of continuous emis-
    sion reduction  which (taking  into consideration  the cost of
    achieving such emission reduction, any nonair quality health
    and  environmental impact and  energy  requirements) the Ad-
    ministrator  determines has been adequately demonstrated. For

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 Sec. Ill
CLEAN AIR ACT
44
     the  purpose of subparagraph l (IXAXii), any cleaning of the
     fuel or reduction in the pollution  characteristics of the fuel
     after extraction and prior to combustion  may be credited, as
     determined under regulations promulgated by the Administra-
     tor, to a source which burns such fuel.
      (2) The term "new source" means any stationary source, the
     construction or modification of which is commenced after the
     publication of regulations (or, if earlier, proposed regulations)
     prescribing a standard of performance under this section which
     will be applicable to such source.
      (3) The term "stationary source" means any building, struc-
     ture, facility, or installation which emits or may emit any air
     pollutant. Nothing in title II of this Act relating to nonroad en-
     gines shall be construed to apply to stationary internal com-
     bustion engines.
      (4) The term "modification" means any physical change in,
     or change in the method of operation of, a stationary source
     which  increases the  amount  of any air pollutant emitted by
     such source or which results in the  emission of any air pollut-
     ant not previously emitted.
      (5) The term "owner or  operator"  means any  person  who
     owns,  leases, operates, controls, or  supervises  a stationary
    source.
      (6) The  term "existing source" means any stationary source
     other than a new source.
      (7) The term  "technological system of continuous emission
     reduction" means—
          (A)  a technological process for  production  or operation
        by any source which is inherently low-polluting or nonpol-
        luting, or
          (B)  a technological system for  continuous  reduction of
        the pollution generated by  a source before such pollution
        is  emitted into the ambient air, including precombustion
        cleaning or treatment of fuels.
      (8) A conversion to coal (A)  by reason of an order under sec-
    tion  2(a) of the Energy Supply and Environmental Coordina-
    tion Act of 1974 or any amendment thereto, or any subsequent
    enactment which supersedes such Act, or (B) which qualifies
    under section 113(dX5XAXii) of this Act, shall not be deemed to
    be a modification for purposes of paragraphs (2) and (4) of this
     subsection.2
  (bXIXA) The Administrator shall, within 90 days after the date of
enactment of the Clean  Air Amendments of  1970,  publish (and
from time to time thereafter shall revise) a list of categories of sta-
tionary sources. He shall include a category of sources in such list
if in his judgment it causes, or contributes significantly to, air pol-
lution  which  may reasonably be anticipated  to endanger public
health or welfare.
  (B) Within one year after the inclusion  of a category of station-
ary  sources in a list under subparagraph (A), the Administrator
  1 So in original public law. Probably should be "paragraph".
  * For related provisions, see section 301 of the Power-plant and Industrial Fuel Use Act of 1978
(as amended by Public Law 97-36 (see. 1021)).

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45
CLEAN AIR ACT
Sec. Ill
shall publish proposed regulations, establishing Federal standards
of performance for new sources within such category. The Adminis-
trator  shall afford  interested persons  an opportunity for written
comment  on such  proposed regulations. After considering such
comments, he shall promulgate, within one year after such publica-
tion, such standards with such  modifications as he deems appropri-
ate. The Administrator shall, at least every 8 years, review and, if
appropriate, revise such standards following the procedure required
by this subsection  for promulgation of such standards. Notwith-
standing the requirements of the previous sentence, the Adminis-
trator  need not review any such standard if the Administrator de-
termines that such review  is  not appropriate  in  light of readily
available information on the efficacy of such standard. Standards
of performance  or  revisions thereof shall become effective  upon
promulgation. When implementation and enforcement of  any re-
quirement  of this Act  indicate that emission limitations and per-
cent reductions beyond those required by the standards promulgat-
ed under this section are achieved in  practice, the Administrator
shall, when revising standards promulgated under this section, con-
sider the emission limitations  and percent reductions  achieved in
practice.
  (2) The Administrator may distinguish among classes, types, and
sizes within categories  of new sources for  the purpose of establish-
ing such standards.
  (3) The Administrator shall, from time to time, issue  information
on pollution control techniques for categories of new sources and
air pollutants subject to the provisions of this section.
  (4) The provisions of this  section shall apply to any new source
owned  or operated by the United States.
  (5) Except as otherwise authorized under subsection  (h), nothing
in this section shall be  construed to require, or to authorize the Ad-
ministrator to require, any  new or modified source to install and
operate any particular  technological system of continuous emission
reduction to comply with any new source standard of performance.
  (6) The revised standards of performance required by enactment
of subsection (aXIXA)  (i) and (ii) shall be promulgated not later
than one year after enactment of this paragraph. Any new or modi-
fied fossil fuel fired stationary source which commences construc-
tion prior to the date of publication of the proposed revised stand-
ards shall not be required to comply with such revised standards.
  (cKD Each State may develop and submit to the  Administrator a
procedure for implementing and enforcing  standards  of perform-
ance for new sources located in such  State. If the Administrator
finds the  State  procedure is adequate, he shall delegate to such
State any authority he has under this Act  to  implement and en-
force such standards.
  (2) Nothing in this subsection  shall prohibit the Administrator
from enforcing any applicable standard of performance under this
section.
  (dXD The Administrator shall prescribe regulations  which shall
establish a procedure similar to that provided by section 110 under
which  each State shall submit  to the Administrator a plan which
(A) establishes standards of performance for any existing source for

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Sec. Ill
CLEAN AIR ACT
48
any air pollutant (i) for which air quality criteria  have not been
issued or which is not included on  a list published under section
108(a) Cor emitted from a source category which is regulated under
section 112J [or 112(b)] l but (ii) to which a standard of perform-
ance under this section would apply if such existing source were a
new source, and (B) provides for the implementation  and enforce-
ment of such standards of performance. Regulations of the Admin-
istrator under this paragraph shall permit the State in applying a
standard of performance to any particular source under a plan sub-
mitted  under this paragraph  to  take into consideration, among
other factors, the remaining useful life of the existing source to
which such standard applies.
  (2) The Administrator shall have the same authority—
      (A) to prescribe a plan for a State in cases where the State
    fails to submit a satisfactory plan as he would have under sec-
    tion 110(c)  in the case of failure to submit an implementation
    plan, and
      (B) to enforce the provisions of such plan in cases where the
    State fails  to  enforce  them as he would have  under sections
    113 and  114 with respect to an implementation plan.  In pro-
    mulgating a standard  of performance under  a plan prescribed
    under this paragraph, the Administrator shall take into consid-
    eration, among other  factors, remaining useful  lives of the
    sources in the category of  sources to which such standard ap-
    plies.
  (e) After the  effective date of standards of  performance promul-
gated under this section, it shall be  unlawful  for any owner or op-
erator of any new source to operate such source in violation of any
standard of performance applicable to such source.
  (fXD For those categories  of major stationary sources that the
Administrator listed  under subsection (bXIXA) before  the date of
the enactment  of the Clean Air Act Amendments of 1990 and for
which regulations had not been proposed by the  Administrator by
such date, the Administrator shall—
      (A)  propose regulations  establishing standards of perform-
    ance for at least 25 percent of such categories of sources within
    2 years after the date of the  enactment of the  Clean Air Act
    Amendments of 1990;
      (B)  propose regulations  establishing standards of perform-
    ance for at least 50 percent of such categories of sources within
    4 years after the date of the  enactment of the  Clean Air Act
    Amendments of 1990; and
      (C)  propose  regulations  for  the  remaining categories of
    sources within 6  years after the date of the  enactment of the
    Clean Air Act Amendments of 1990.
  (2) In determining priorities for  promulgating standards for cate-
gories of major stationary sources  for the purpose of paragraph (1),
the Administrator shall consider—
      (A) the quantity of air pollutant emissions which each such
    category will emit, or will be designed to emit;
  1 The amendments, made by section 10»g) and 302(ai of PL 101-549, appear to be dupiicative;
both, in different language, change the reference to section 112.

-------
47	CLEAN  AIR ACT	Sec. Ill

      (B) the extent to which each such pollutant may reasonably
    be anticipated to endanger public health or welfare; and
      (C) the mobility and competitive nature of each such catego-
    ry of sources and the consequent need for nationally applicable
    new source standards of performance.
  (3) Before promulgating any regulations under this subsection or
listing any category of major  stationary sources as required under
this subsection,  the Administrator shall  consult with appropriate
representatives of the  Governors and of State air pollution control
agencies.
  (gXD Upon application by the  Governor of a State showing that
the Administrator has failed to specify in regulations under subsec-
tion (fXD any category of major stationary sources required to be
specified under  such  regulations, the  Administrator shall  revise
such regulations, to specify any such category.
  (2) Upon application of the Governor of a State, showing that any
category of stationary sources which is not included in the list
under subsection (bXIXA) contributes significantly to air pollution
which may reasonably be anticipated to endanger public  health or
welfare (notwithstanding that such category is not a category of
major stationary sources), the  Administrator shall revise such regu-
lations to specify such category of stationary sources.
  (3) Upon application of the Governor of a State showing that the
Administrator has failed to apply properly the criteria required to
be considered under subsection (fK2), the Administrator shall revise
the list under subsection (bXIKA) to apply properly  such criteria.
  (4) Upon application of the Governor of a State showing that—
      (A) a new,  innovative,  or improved technology or process
    which achieves greater continuous emission reduction has been
    adequately  demonstrated  for  any  category  of stationary
    sources, and
      (B) as a result of such technology or process, the new source
    standard of performance  in  effect under this section for such
    category no  longer reflects the greatest degree of emission limi-
    tation achievable through application of the best technological
    system  of continuous  emission reduction which  (taking into
    consideration  the  cost  of  achieving such  emission  reduction,
    and  any non-air quality health and environmental impact and
    energy requirements) has  been adequately demonstrated,
the Administrator shall revise such standard of performance for
such category accordingly.
  (5) Unless later deadlines  for action of the Administrator are oth-
erwise prescribed under this section, the Administrator shall, not
later than three months following the date of receipt of any appli-
cation by a Governor of a State, either—
      (A) find that such application does not contain the requisite
    showing and deny such  application, or
      (B) grant such  application  and take the  action  required
    under this subsection.
  (6) Before taking any action required by subsection (f) or by this
subsection, the Administrator shall provide notice and opportunity
for public hearing.

-------
 Sec. Ill
CLEAN AIR ACT
48
  (hXl) For purposes of this section, if in the judgment of the Ad-
 ministrator, it is not feasible to prescribe or enforce a standard of
 performance,  he may instead promulgate a design, equipment,
 work practice, or operational standard,  or combination thereof,
 which reflects the best technological system of continuous emission
 reduction which  (taking into consideration the cost of achieving
 such emission reduction, and any non-air quality health and envi-
 ronmental impact and energy requirements) the Administrator de-
 termines has been adequately demonstrated. In  the  event the Ad-
 ministrator promulgates a  design  or  equipment  standard  under
 this subsection, he shall  include as part of such standard such re-
 quirements as will assure the proper operation and maintenance of
 any such element of design or equipment.
  (2) For the purpose of this subsection, the  phrase "not feasible to
 prescribe or enforce a standard of performance" means any situa-
 tion in which the Administrator determines that (A)  a pollutant or
 pollutants cannot be emitted through  a conveyance designed and
 constructed to emit or capture such pollutant, or that any require-
 ment for,  or use of, such a conveyance would be inconsistent with
 any Federal, State,  or local law, or (B) the application of measure-
 ment methodology to a particular class of sources is not practicable
 due to technological or economic limitations.
  (3) If after notice  and opportunity for public hearing, any person
establishes to the satisfaction of the Administrator that an alterna-
 tive means of emission limitation will achieve a  reduction in emis-
 sions  of any air pollutant at least equivalent to the reduction in
 emissions  of such air pollutant achieved under the requirements of
 paragraph (1),  the Administrator shall permit the use of such alter-
 native by  the  source for purposes  of compliance with this section
 with respect to such pollutant.
  (4) Any  standard  promulgated under paragraph  (1) shall be pro-
 mulgated in terms of standard of performance whenever it becomes
 feasible to promulgate and enforce such standard in such terms.
  (5) Any  design, equipment, work practice, or operational stand-
ard, or any combination thereof, described in this  subsection shall
be treated as a standard of performance for purposes of the provi-
sions  of this Act (other than the provisions of subsection (a) and
 this subsection).
  (i) Any regulations promulgated by the Administrator under this
section applicable to grain elevators shall not apply to country ele-
vators (as defined by the Administrator) which have a storage ca-
 pacity of less than two million five hundred thousand bushels.
  (jXIKA)  Any person proposing to own or operate  a new source
 may request the Administrator for one or more waivers from the
 requirements of this section  for such source or any portion thereof
with respect to any air pollutant to encourage the use of an innova-
tive technological system or systems of continuous emission reduc-
tion. The Administrator may, with the consent of the Governor of
the State in which the source is to be located, grant a waiver under
this paragraph, if the Administrator determines after notice and
opportunity for public hearing, that—
      (i) the proposed system or systems have not been adequately
    demonstrated,

-------
49
CLEAN AIR ACT
Sec. Ill
      (ii) the  proposed system or systems will operate effectively
    and there is a substantial likelihood  that such system or sys-
    tems will achieve greater continuous emission reduction than
    that required to be achieved under the standards of perform-
    ance which would otherwise apply, or achieve at  least an
    equivalent reduction at lower cost in terms of energy, econom-
    ic, or nonair quality environmental impact.
      (iii) the owner or operator of the proposed source has demon-
    strated  to the satisfaction of the Administrator that the pro-
    posed system will not  cause  or contribute to an unreasonable
    risk  to public health, welfare, or safety in its operation, func-
    tion, or  malfunction, and
      (iv) the granting of  such waiver is consistent with the re-
    quirements of subparagraph (C).
In making any determination under clause (ii), the Administrator
shall take into account any previous failure of such system or sys-
tems to operate  effectively  or  to meet any requirement of the new
source performance standards. In determining whether an unrea-
sonable risk exists under clause (iii), the  Administrator shall con-
sider, among other factors, whether and to what  extent the use of
the proposed technological system will cause, increase, reduce,  or
eliminate emissions of any unregulated pollutants; available meth-
ods for reducing or eliminating any  risk to public health, welfare,
or safety which may be associated with the use of such system; and
the availability  of other  technological  systems which may be used
to conform to standards under this section without causing or con-
tributing to such unreasonable risk. The Administrator may con-
duct such tests and may require the owner or operator of the pro-
posed source to conduct such tests and provide such information as
is necessary to carry out clause (iii) of this subparagraph. Such re-
quirements shall include a  requirement for prompt reporting of the
emission of any  unregulated pollutant from a system if such pollut-
ant was not  emitted, or was emitted in significantly lesser amounts
without use  of such system.
  (B)  A waiver  under this paragraph shall be  granted on such
terms and conditions as the Administrator determines to be neces-
sary to assure—
      (i)  emissions  from the  source will  not prevent attainment
    and maintenance of any  national ambient air quality stand-
    ards, and
      (ii) proper functioning of the technological system or systems
    authorized.
Any such term or condition shall be treated as a standard of per-
formance for the purposes  of subsection (e) of this section and sec-
tion 113.
  (C) The number of waivers granted under this paragraph with re-
spect to a proposed technological  system of continuous emission re-
duction shall not exceed such  number as the Administrator finds
necessary to ascertain whether or not such system will achieve the
conditions specified in clauses (ii) and (iii) of subparagraph (A).
  (D)  A waiver  under this paragraph shall extend to the  sooner
Of_

-------
 Sec. 112
CLEAN AIR ACT
50
      (i) the date determined by the Administrator, after consulta-
    tion with the owner or operator of the source, taking into con-
    sideration the design, installation, and capital cost of the tech-
    nological system or systems being used, or
      (ii) the date on  which the Administrator determines that
    such system has failed to—
          (I) achieve at least an equivalent continuous emission re-
        duction to that required to be achieved under the  stand-
        ards of performance which would otherwise apply, or
          (II) comply  with the condition specified in paragraph
        UXAXiii),
and that such failure cannot be corrected.
  (E)  In carrying out subparagraph  (DXi), the Administrator shall
not permit  any  waiver for a source or  portion thereof to  extend
beyond  the date—
      (i) seven years after the date on which any waiver is granted
    to such  source or portion thereof, or
      (ii) four years after the date on which such source or portion
    thereof  commences operation,
whichever is earlier.
  (F) No waiver  under this subsection shall apply to any portion of
a source other than the portion on which the innovative technologi-
cal system or systems of continuous emission reduction is used.
  (2XA) If a  waiver under paragraph (1) is terminated under  clause
(ii) of paragraph (1XD), the Administrator shall grant an extension
of the requirements of this section for such source  for such mini-
mum  period as  may be necessary to comply with  the applicable
standard of  performance under  this  section.  Such period  shall not
extend beyond the  date three years  from the time such waiver is
terminated.
  (B)  An extension granted under this  paragraph shall  set forth
emission limits and a compliance schedule  containing increments
of progress which require compliance with the applicable standards
of performance  as  expeditiously as  practicable and include such
measures as are necessary and practicable in the interim to mini-
mize emissions. Such schedule shall be treated as a standard of per-
formance for purposes of subsection  (e) of this section and section
113.
[42U.S.C. 7411]
SEC. 112. HAZARDOUS AIR POLLUTANTS.
  (a) DEFINITIONS.—For purposes of this  section, except subsection
(D—
      (1) MAJOR SOURCE.—The term "major source" means any sta-
    tionary  source or group of stationary sources located within a
    contiguous area and under common  control that emits  or  has
    the potential to emit considering controls, in the aggregate, 10
    tons per year or more of any hazardous air pollutant or 25 tons
    per year or  more of any combination of hazardous air  pollut-
    ants. The Administrator may establish a lesser quantity, or in
    the case of radionuclides different criteria, for  a major  source
    than that specified in the previous sentence, on the basis  of the
    potency  of the air pollutant, persistence, potential for bioaccu-

-------
51
CLEAN AIR ACT
Sec. 112
    mulation, other characteristics of the air  pollutant, or other
    relevant factors.
      (2) AREA SOURCE.—The term "area source" means any sta-
    tionary source of hazardous air pollutants  that is not a major
    source. For  purposes of this section, the term "area source"
    shall not include motor vehicles or nonroad vehicles subject to
    regulation under title II.
      (3) STATIONARY SOURCE.—The term "stationary source" shall
    have the same meaning as such term has under section lll(a).
      (4) NEW SOURCE.—The term "new source"  means a station-
    ary source the construction or reconstruction of which is com-
    menced  after the  Administrator first  proposes  regulations
    under this section establishing an emission  standard applicable
    to such source.
      (5)  MODIFICATION.—The  term  "modification"  means  any
    physical change in, or change in the method of operation of, a
    major source which increases the actual  emissions of any haz-
    ardous air pollutant emitted by such source by more than a de
    minimis  amount or which results in the emission of any haz-
    ardous air pollutant not previously emitted by more than a de
    minimis amount.
      (6) HAZARDOUS AIR POLLUTANT.—The  term "hazardous  air
    pollutant" means any air pollutant listed pursuant to subsec-
    tion (b).
      (7) ADVERSE ENVIRONMENTAL EFFECT.—The term "adverse en-
    vironmental effect" means  any significant  and widespread ad-
    verse effect, which  may reasonably be anticipated,  to wildlife,
    aquatic life, or other natural resources, including adverse  im-
    pacts on populations of endangered or threatened species or
    significant  degradation of  environmental  quality over broad
    areas.
      (8) ELECTRIC  UTILITY  STEAM GENERATING UNIT.—The  term
    "electric  utility  steam generating unit" means any fossil fuel
    fired combustion unit of more than 25 megawatts that serves a
    generator that produces electricity for sale. A unit that cogen-
    erates steam and electricity and supplies more than one-third
    of its potential electric  output  capacity  and  more than 25
    megawatts electrical  output to any  utility power distribution
    system for sale shall be considered an  electric utility  steam
    generating unit.
      (9) OWNER OR OPERATOR.—The term  "owner or operator"
    means any person who owns, leases,  operates,  controls, or su-
    pervises a stationary source.
      (10) EXISTING SOURCE.—The  term "existing  source" means
    any stationary source other than a new source.
      (11) CARCINOGENIC EFFECT.—Unless revised, the term "carci-
    nogenic effect"  shall have the meaning provided by the Admin-
    istrator under Guidelines for Carcinogenic  Risk Assessment as
    of the date of enactment. Any revisions in the existing Guide-
    lines shall be subject to notice and opportunity for comment.
  (b) LIST OF POLLUTANTS.—
      (1) INITIAL LIST.—The Congress establishes for purposes of
    this section a list of hazardous air pollutants as follows:

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Sec. 112
                     CLEAN AIR  ACT
52
  CAS
number

   75070
   60355
   75058
   98862
   53963
  107028
   79061
   79107
  107131
  107051
   92671
   62533
   90040
 1332214
   71432
   92875
   98077
  100447
   92524
  117817
  542881
   75252
  106990
  156627
  105602
  133062
   63252
   75150
   56235
  463581
  120809
  133904
   57749
7782505
   79118
  532274
  108907
  510156
   67663
  107302
  126998
1319773
   95487
  108394
  106445
   98828
   94757
3547044
  334883
  132649
   96128
   84742
  106467
   91941
  111444
  542756
   62737
  111422
  121697
   64675
  119904
   60111
  119937
   79447
                           Chemical name

Acetaldehyde
Acetamide
Acetonitrile
Acetophenone
2-Acetylaminofluorene
Acrolein
Acrylamide
Acrylic acid
Acrylonitrile
Allyl chloride
4-Aminobiphenyl
Aniline-
o-Anisidine
Asbestos
Benzene (including benzene from gasoline)
Benzidine
Benzotrichloride
Benzyl chloride
Biphenyl
Bis(2-ethylhexyl)phthalate (DEHP)
Bis(chloromethy I tether
Bromoform
1,3-Butadiene
Calcium cyanamide
Caprolactam
Captan
Carbaryl
Carbon disulfide
Carbon tetrachloride
Carbonyl sulfide
Catechol
Chloramben
Chlordane
Chlorine
Chloroacetic acid
2-Chloroacetophenone
Chlorobenzene
Chlorobenzilate
Chloroform
Chloromethyl methyl ether
Chloroprene
Cresols/Cresylic acid (isomers and mixture)
o-Cresol
m-Cresol
p-Creaol
Cumene
2,4-D, salts and esters
DDE
Diazomethane
Dibenzofurans
1,2-Dibromo-3-chloropropane
Dibutylphthalate
l,4-Dichlorobenzene(p)
3,3-Dichlorobenzidene
Dichloroethyl ether (Bisf'2-chloroethyl tether!
1,3-Dichloropropene
Dichlorvos
Diethanolamine
N,N-Diethyl aniline (N,N-Dimethylaniline>
Diethyl sulfate
S,3-Diinethoxybenzidinf
Dimethyl aminoazobcnzene
3,3'-Dimethyl benzidine
Dimethyl carbatnoyl chloride

-------
53
                    CLEAN  AIR ACT
Sec. 112
  CAS
 number

   68122
   57147
  131113
   77781
  534521
   51285
  121142
  123911
  122667
  106898
  106887
  140885
  100414
   51796
   75003
  106934
  107062
  107211
  151564
   75218
   96457
   75343
   50000
   76448
  118741
   87683
   77474
   67721
  822060
  680319
  110543
  302012
 7647010
 7664393
 7783064
  123319
   78591
   58899
  108316
   67561
   72435
   74839
   74873
   71556
   78933
   60344
   74884
  108101
  624839
   80626
 1634044
  101144
   75092
  101688
  101779
   91203
   98953
   92933
  100027
   79469
  684935
   62759
   59892
   56382
                          Chemical name

Dimethyl formamide
1,1-Dimethyl hydrazine
Dimethyl phthalate
Dimethyl sulfate
4,6-Dinitro-o-cresol, and salts
2,4-Dinitrophenol
2,4-Dinitrotoluene
1,4-Dioxane (1,4-Diethyleneoxide)
1,2-DiphenyIhydrazine
Epichlorohydrih (l-Chloro-2,3-epoxypropane)
1,2-Epoxybutane
Ethyl acrylate
Ethyl benzene
Ethyl carbamate (Urethane)
Ethyl chloride (ChloroethaneJ
Ethylene dibromide (Dibromoethane)
Ethylene dichloride U,2-Dichloroethane>
Ethylene glycol
Ethylene imine (Aziridinel
Ethylene oxide
Ethylene thiourea
Ethylidene dichloride (1,1-Dichloroethane)
Formaldehyde
Heptachlor
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclopentadiene
Hexachloroethane
Hexamethylene-1.6-diisocyanate
Hexamethylphosphoramide
Hcxane
Hydrazine
Hydrochloric acid
Hydrogen fluoride (Hydrofluoric acid)
Hydrogen sulflde
Hydroquinone
Isophorone
Lmdane (all isomers)
Maleic anhydride
Methanol
Methoxychlor
Methyl bromide (Bromomethane)
Methyl chloride (Chloromethane)
Methyl chloroform (1,1,1-Trichloroethane)
Methyl ethyl ketone (2-Butanone)
Methyl hydrazine
Methyl iodide (lodomethane)
Methyl isobutyl ketone (Hexone)
Methyl isocyanate
Methyl methacrylate
Methyl tert butyl ether
4,4-Methylene bis(2-chloroaniline)
Methylene chloride (Dichloromethane)
Methylene diphenyl diisocyanate (MDI)
4,4'-Methylenedianiline
Naphthalene
Nitrobenzene
4-Nitrobipheoyl
4-Nitrophenol
2-Nitropropane
N-Nitroso-N-methylurea
N-Nitrosodimethylamine
N-Nitrosomorpholine
Parathion

-------
Sec. 112
                     CLEAN AIR  ACT
54
  CAS
number

   82688
   87865
  108952
  106503
   75445
 7803512
 7723140
   85449
 1336363
 1120714
   57578
  123386
  114261
   78875
   75569
   75558
   91225
  106514
  100425
   96093
1746016
   79345
  127184
7550450
  108883
   95807
  584849
   95534
8001352
  120821
   79005
   79016
   95954
   88062
  121448
1582098
  540841
  108054
  593602
   75014
   75354
1330207
   95476
  108383
  106423
      0
      0
      0
      0
      0
      0
      0
      0
      0
      0
      0
      0
      0
      0
      0
      0
      0
                           Chemical name

 Pentachloronitrobenzene (Quintobenzene)
 Pentachlorophenol
 Phenol
 p-Pheny lened iam i ne
 Phosgene
 Phosphine
 Phosphorus
 Phthalic anhydride
 Polychlorinated biphenyls (Aroclors)
 1,3-Propane sultone
 beta-Propiolactone
 Propionaldehyde
 Propoxur(Baygon)
 Propylene dichloride (1,2-Dichloropropane)
 Propylene oxide
 1,2-Propylenimine (2-Methyl aziridine)
 Quinoline
 Quinone
 Styrene
 Styrene oxide
 2,3,7,8-Tetrachlorodibenzo-p-dioxin
 1,1,2,2-Tetrachloroethane
 Tetrachloroethylene (Perchloroethylene)
 Titanium tetrachloride
 Toluene
 2,4-Toluene diamine
 2,4-Toluene diisocyanate
 o-Toluidinc
 Toxaphene (chlorinated camphene)
 1,2,4-Trichlorobenzene
 1,1,2-Trichloroethane
 Trichloroethylene
 2,4,5-Trichlorophenol
 2,4,6-Trichlorophenol
 Triethylamine
 Trifluralin
 2,2,4-Trimethylpentane
 Vinyl acetate
 Vinyl bromide
 Vinyl chloride
 Vinylidene chloride (1,1-Dichloroethylene)
 Xylenes (isomers and mixture)
 o-Xylenes
 m-Xylenes
 p-Xylenes
 Antimony Compounds
 Arsenic Compounds (inorganic including arsine)
 Beryllium Compounds
 Cadmium Compounds
 Chromium Compounds
 Cobalt Compounds
Coke Oven Emissions
Cyanide Compounds '
Glycol ethers 2
 Lead Compounds
 Manganese Compounds
Mercury Compounds
 Fine mineral fibers 3
 Nickel Compounds
 Polycylic Organic Matter *
 Radionuclides (including radon) 5
 Selenium Compounds

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55	CLEAN  AIR ACT	Sec. 112

   NOTE: For all listings above which contain the word "compounds" and for glycoi ethers,
the following applies: Unless otherwise specified, these listings are defined as including any
unique chemical substance that contains the named chemical (i.e., antimony, arsenic, etc-1 as
part of that chemical's infrastructure.
  1 X'CN where X = H' or any other group where a formal dissociation may occur. For example
KCNorCafCNfe
  1 Includes mono- and di- ethers of ethylene glycoi, diethylene glycoi, and triethylene glycoi R-
(OCH2CH2)r-ORr where
      n = 1, 2, or 3
      R = alkyl or aryl groups
      R' = R, H, or groups which, when removed, yield glycoi ethers with the structure: R-

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Sec. 112
CLEAN AIR ACT
56
        tor's own determination that the substance is an air pol-
        lutant and that emissions, ambient concentrations, bioac-
        cumulation or deposition of the substance are known to
        cause or may reasonably be anticipated to cause adverse
        effects to human health or adverse environmental effects.
         (C) The Administrator shall delete a substance from the
        list upon a showing by the petitioner or on the Adminis-
        trator's own determination that there is adequate data on
        the health and environmental effects of the substance to
        determine that emissions, ambient concentrations, bioaccu-
        mulation or deposition of the substance may not reason-
        ably  be  anticipated to cause any adverse effects to  the
        human health or adverse environmental effects.
         (D) The Administrator shall delete one or more unique
        chemical substances that contain a  listed hazardous air
        pollutant not having a CAS number (other than coke oven
        emissions,  mineral fibers, or polycyclic  organic matter)
        upon a  showing by the petitioner or on  the  Administra-
        tor's  own determination that such unique chemical  sub-
        stances  that  contain  the named  chemical of such listed
        hazardous air pollutant meet the deletion requirements of
        subparagraph (C). The Administrator must  grant or deny a
        deletion petition prior to promulgating any emission stand-
        ards  pursuant to subsection (d) applicable to any source
        category or subcategory of a listed hazardous air pollutant
        without  a  CAS number  listed  under subsection (b)  for
        which a deletion petition has been filed within 12 months
        of the date of enactment of the Clean Air Act Amend-
        ments of 1990.
     (4) FURTHER INFORMATION.—If the  Administrator determines
   that information  on the health or environmental  effects  of a
   substance is  not sufficient to make  a determination required
   by this subsection, the  Administrator may use any authority
   available  to the Administrator to acquire such information.
     <5) TEST METHODS.—The  Administrator may establish, by
   rule, test  measures and other  analytic procedures for monitor-
   ing and measuring emissions, ambient concentrations, deposi-
   tion, and bioaccumulation of hazardous air pollutants.
     (6) PREVENTION  OF SIGNIFICANT DETERIORATION.—The provi-
   sions of part C (prevention of significant deterioration) shall
   not apply to pollutants listed under this section.
     (7) LEAD.—The Administrator may not list elemental lead as
   a hazardous air pollutant under this subsection.
 (c) LIST OF SOURCE CATEGORIES.—
     (1) IN GENERAL.—Not  later than 12 months after the date of
   enactment of the Clean Air Act Amendments of 1990, the Ad-
   ministrator shall  publish, and shall from  time  to time, but no
   less  often than every 8 years, revise, if appropriate, in response
   to public  comment or new information, a list of all categories
   and  subcategories of major sources  and  area sources (listed
   under  paragraph (3)) of the air pollutants listed pursuant to
   subsection (b). To the extent practicable, the  categories  and
   subcategories listed under this subsection shall be consistent

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57	CLEAN AIR ACT	Sec. 112

    with the list of source categories established  pursuant to sec-
    tion  111 and part C. Nothing  in the preceding sentence limits
    the Administrator's authority to establish subcategories under
    this section, as appropriate.
      (2) REQUIREMENT FOR EMISSIONS STANDARDS.—For the catego-
    ries and subcategories the Administrator lists, the Administra-
    tor shall establish emissions standards under subsection (d), ac-
    cording to the schedule in this subsection and subsection (e).
      (3) AREA SOURCES.—The Administrator shall list under  this
    subsection each category or subcategory of area sources which
    the Administrator finds presents a  threat of adverse effects to
    human health or the environment (by such sources individual-
    ly or in the aggregate) warranting regulation under this  sec-
    tion. The Administrator shall, not later than 5 years after the
    date of enactment of the Clean Air Act Amendments of 1990
    and pursuant to subsection (kK3XB), list, based on actual or es-
    timated aggregate emissions of a listed pollutant or pollutants,
    sufficient categories or subcategories of area sources to ensure
    that area sources representing 90 percent of the area source
    emissions  of the 30 hazardous air pollutants that present the
    greatest threat to public health in the largest number of urban
    areas are subject to regulation under this section. Such regula-
    tions shall be promulgated not later than 10  years after such
    date of enactment.
      (4) PREVIOUSLY REGULATED CATEGORIES.—The Administrator
    may, in the Administrator's  discretion, list any  category or
    subcategory of sources previously regulated  under this section
    as in effect before the date of enactment of the Clean  Air Act
    Amendments of 1990.
      (5) ADDITIONAL CATEGORIES.—In addition to  those categories
    and subcategories of sources listed  for regulation  pursuant to
    paragraphs (1) and (3), the Administrator may at any time list
    additional categories and subcategories of sources of hazardous
    air pollutants according to the same criteria for listing applica-
    ble under such paragraphs. In the case of source categories and
    subcategories listed after publication of the initial list required
    under paragraph (1) or (3), emission standards under  subsec-
    tion  (d) for the category or subcategory  shall be promulgated
    within  10 years after the date of enactment of the Clean Air
    Act Amendments of 1990, or within 2 years after the date on
    which  such category or subcategory  is listed, whichever is
    later.
      (6) SPECIFIC  POLLUTANTS.—With  respect  to alkylated lead
    compounds, polycyclic organic matter, hexachlorobenzene, mer-
    cury, polychlorinated biphenyls, 2,3,7,8-tetrachlorodibenzofur-
    ans and  2,3,7,8-tetrachlorodibenzo-p-dioxin, the Administrator
    shall, not later  than 5 years after the date of enactment of the
    Clean Air Act Amendments of 1990, list categories and subca-
    tegories of sources assuring that sources accounting for not less
    than 90 per centum of the aggregate emissions  of each such
    pollutant are subject to standards under subsection  (dX2) or
    (dX4). Such standards shall  be promulgated not later  than 10
    years after such date of enactment. This paragraph shall not

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Sec. 112
CLEAN AIR ACT
    be construed to require the Administrator to promulgate stand-
    ards for such pollutants emitted by electric utility steam gener-
    ating units.
      (7) RESEARCH FACILITIES.—The Administrator shall establish
    a separate category covering research or laboratory facilities,
    as necessary to assure the equitable treatment of such facili-
    ties. For purposes of this section, "research or laboratory facili-
    ty" means any stationary source whose primary purpose is to
    conduct research and development into  new processes  and
    products, where such source is operated under the close super-
    vision of technically trained personnel and  is not engaged in
    the manufacture of products for commercial sale in  commerce,
    except in a de minimis manner.
      (8) BOAT  MANUFACTURING.—When  establishing  emissions
    standards for styrene, the Administrator shall list boat manu-
    facturing as a separate subcategory unless the Administrator
    finds that such listing would be inconsistent with the goals and
    requirements of this Act.
      (9) DELETIONS FROM THE LIST.—
         (A)  Where the sole  reason for the inclusion of a source
        category on the list required under this subsection is  the
        emission of a unique chemical substance, the Administra-
        tor shall delete the source category from the list if it is ap-
        propriate because of action  taken under  either subpara-
        graphs (C) or (D) of subsection (bX3).
         (B) The  Administrator may  delete any  source category
        from the list under this  subsection,  on  petition  of any
        person or  on the Administrator's  own  motion, whenever
        the  Administrator makes  the  following determination  or
        determinations, as applicable:
              (i) In the case of hazardous air pollutants  emitted by
            sources in the category  that may result in cancer in
            humans, a determination that no source in the catego-
            ry (or group  of sources in the case of area  sources)
            emits  such  hazardous  air  pollutants  in  quantities
            which may cause a lifetime risk of cancer greater than
            one in one million to the individual in the  population
            who is most exposed to emissions of  such  pollutants
            from  the source  (or group of sources  in the  case of
            area sources).
              (ii) In the case of hazardous air pollutants that may
            result in adverse health effects in humans other than
            cancer or adverse environmental effects, a determina-
            tion that emissions from no source in the category or
            subcategory concerned (or group of sources in the case
            of area sources)  exceed  a  level which  is adequate to
            protect public health with an ample margin of safety
            and  no adverse environmental effect will result from
            emissions from any source (or from a group of sources
            in the case of area sources).
    The Administrator shall  grant or  deny a petition under  this
    paragraph within 1 year after the petition is filed.
  (d) EMISSION STANDARDS.—

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59
CLEAN AIR ACT
Sec. 112
      (1) IN GENERAL.—The Administrator shall  promulgate regu-
    lations establishing emission  standards  for  each category or
    subcategory of major sources and area sources of hazardous air
    pollutants listed for regulation pursuant to subsection (c) in ac-
    cordance with the schedules provided in subsections (c) and (e).
    The Administrator may distinguish  among classes, types,  and
    sizes of sources within a category  or subcategory in establish-
    ing such standards except that, there shall be no delay in the
    compliance  date for  any standard  applicable to any  source
    under subsection (i) as the result of  the authority provided by
    this sentence.
      (2) STANDARDS AND METHODS.—Emissions standards promul-
    gated under this subsection and applicable to new or existing
    sources of hazardous air pollutants shall require the maximum
    degree of reduction in emissions of the  hazardous air  pollut-
    ants subject to this section (including a prohibition on such
    emissions, where achievable)  that the  Administrator,  taking
    into consideration  the cost  of achieving such emission reduc-
    tion, and any non-air quality health and environmental  im-
    pacts  and energy requirements, determines  is achievable for
    new  or  existing sources  in the category or  subcategory to
    which  such  emission  standard applies, through application of
    measures, processes, methods, systems or techniques including,
    but not limited to, measures which—
          (A) reduce the volume of, or eliminate emissions of, such
        pollutants through process changes, substitution of materi-
        als or other modifications,
          (B) enclose systems or processes to eliminate emissions,
          (C) collect, capture or treat such  pollutants when re-
        leased from  a process, stack, storage  or fugitive emissions
        point,
          (D) are design,  equipment, work practice, or operational
        standards (including requirements for operator training or
        certification) as provided in subsection (h), or
          (E) are a combination of the above.
    None of  the measures described in subparagraphs (A) through
    (D) shall, consistent with the provisions of section  114(c), in  any
    way  compromise any United  States patent  or United States
    trademark right, or any confidential business information, or
    any trade secret or any other intellectual property right.
      (3) NEW AND EXISTING SOURCES.—The maximum degree of re-
    duction in emissions that is deemed achievable for new sources
    in a category or subcategory shall not  be less stringent than
    the emission control  that is achieved  in practice by the  best
    controlled similar source, as determined  by the Administrator.
    Emission standards promulgated under this  subsection for ex-
    isting sources in a category or subcategory may  be less strin-
    gent than standards for new sources in  the  same category or
    subcategory but shall not be less stringent, and  may be more
    stringent than—
          (A) the average emission limitation achieved by the  best
        performing  12 percent  of the existing sources (for  which
        the  Administrator  has emissions  information), excluding

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Sec. 112
CLEAN AIR ACT
        those sources that have, within 18 months before the emis-
        sion standard is proposed or within 30 months before such
        standard is promulgated, whichever is later, first achieved
        a level of emission rate or emission reduction which com-
        plies, or would  comply if the source is not subject to such
        standard, with the lowest achievable emission rate (as de-
        fined by section 171) applicable to the source category and
        prevailing at the time, in the category or subcategory for
        categories and subcategories with 30 or more sources, or
          (B) the average emission limitation achieved by the best
        performing 5 sources (for which the Administrator has or
        could reasonably obtain emissions information) in the cate-
        gory  or subcategory for  categories or  subcategories with
        fewer than 30 sources.
      (4) HEALTH THRESHOLD.—With respect  to pollutants for which
    a health threshold  has  been established,  the Administrator
    may consider such  threshold level, with an  ample margin of
    safety, when establishing emission standards under this subsec-
    tion.
      (5) ALTERNATIVE STANDARD FOR AREA SOURCES,—With respect
    only to categories and subcategories of area sources listed pur-
    suant to subsection  (c), the Administrator may,  in lieu of the
    authorities  provided in paragraph (2) and subsection  (f), elect
    to promulgate standards  or requirements applicable to sources
    in such categories or subcategories which provide for the use of
    generally available  control technologies or  management prac-
    tices by such sources to reduce emissions of Hazardous air pol-
    lutants.
      (6) REVIEW AND REVISION.—The Administrator shall review,
    and revise as necessary (taking into account developments in
    practices, processes, and  control technologies), emission stand-
    ards promulgated under this section no less often than every 8
    years.
      (7) OTHER REQUIREMENTS PRESERVED.—No emission standard
    or other requirement promulgated under this section shall  be
    interpreted, construed or applied to diminish or replace the re-
    quirements of a more  stringent  emission limitation or  other
    applicable requirement established pursuant to section 111,
    part C or D, or other authority of this Act or a standard issued
    under State authority.
      (8) COKE OVENS.—
          (A) Not later than December 31, 1992, the Administrator
        shall promulgate regulations establishing emission stand-
        ards  under paragraphs (2) and (3) of this subsection for
        coke  oven batteries. In establishing such standards,  the
        Administrator shall evaluate—
             (i) the use of sodium silicate (or equivalent) luting
           compounds  to prevent door leaks, and other operating
           practices and technologies for their effectiveness  in re-
           ducing  coke oven emissions, and their suitability for
           use  on  new and existing coke  oven  batteries, taking
           into account  costs and  reasonable  commercial door
           warranties;  and

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61
CLEAN AIR ACT
Sec. 112
              (ii) as a basis for emission standards under this sub-
            section  for new coke oven batteries that begin con-
            struction after the date of proposal of such standards,
            the Jewell design Thompson  non-recovery coke oven
            batteries and other  non-recovery coke oven  technol-
            ogies, and other appropriate emission control and coke
            production technologies, as to their effectiveness in  re-
            ducing coke  oven emissions and  their capability  for
            production of steel quality coke.
        Such  regulations shall require at a minimum that coke
        oven batteries will not exceed 8 per  centum leaking doors,
        1 per centum leaking lids, 5 per centum leaking offtakes,
        and 16 seconds visible emissions per  charge, with no exclu-
        sion for emissions during the  period  after  the closing of
        self-sealing oven doors. Notwithstanding subsection (i), the
        compliance date  for such emission standards for existing
        coke oven batteries shall  be December 31, 1995.
          (B)  The Administrator shall promulgate  work  practice
        regulations under this subsection for  coke  oven  batteries
        requiring, as appropriate—
              (i) the use  of sodium silicate  (or equivalent)  luting
            compounds, if the Administrator determines that use
            of sodium silicate is an  effective  means of emissions
            control  and  is achievable, taking  into account costs
            and reasonable commercial warranties for doors and
            related equipment; and
              (ii) door and jam cleaning practices.
        Notwithstanding  subsection  (i), the compliance date  for
        such  work  practice  regulations  for coke oven  batteries
        shall be not later than the date 3 years after  the date of
        enactment of the  Clean Air Act Amendments of 1990.
          (C) For coke oven batteries electing to qualify for an  ex-
        tension of the compliance date for standards promulgated
        under  subsection (f)  in accordance  with subsection (iK8>,
        the emission standards under this subsection for coke oven
        batteries shall require that coke oven batteries not exceed
        8 per centum leaking doors,  1 per centum  leaking lids, 5
        per centum leaking offtakes, and  16 seconds visible emis-
        sions  per  charge, with no  exclusion for emissions during
        the period after the closing of self-sealing doors. Notwith-
        standing subsection (i), the compliance date for such emis-
        sion standards for existing coke oven batteries seeking an
        extension  shall be not later than the date 8 years after the
        date of enactment of the Clean  Air Act Amendments of
        1990.
      (9) SOURCES LICENSED BY THE NUCLEAR REGULATORY COMMIS-
    SION.—No standard for radionuclide emissions from any catego-
    ry or subcategory of facilities licensed by the Nuclear Regula-
    tory Commission (or an Agreement State) is required to be pro-
    mulgated  under this  section  if the Administrator  determines,
    by rule, and after consultation with the  Nuclear Regulatory
    Commission, that the regulatory  program established by the
    Nuclear  Regulatory  Commission  pursuant to  the Atomic

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Sec. 112
CLEAN AIR  ACT
62
    Energy Act for such category or subcategory provides an ample
    margin of safety to protect the public health. Nothing in this
    subsection shall preclude or deny the right of any State or po-
    litical subdivision thereof to adopt or enforce any standard or
    limitation respecting emissions of radionuclides which is  more
    stringent than the standard or limitation in effect  under sec-
    tion 111 or this section.
      (10) EFFECTIVE DATE.—Emission  standards or other  regula-
    tions promulgated under this subsection shall be effective  upon
    promulgation.
  (e) SCHEDULE FOR STANDARDS AND REVIEW.—
      (1) IN GENERAL.—The Administrator shall promulgate  regu-
    lations establishing emission standards for categories and sub-
    categories of sources initially listed for regulation pursuant to
    subsection (cXD as expeditiously as practicable, assuring that—
          (A) emission standards for not less than 40 categories
       and subcategories (not counting coke oven batteries)  shall
       be promulgated not later than 2 years after the  date of en-
       actment of the Clean  Air Act Amendments of 1990;
          (B) emission standards for coke oven batteries shall be
       promulgated not later than December 31, 1992;
          (C) emission standards for 25 per centum of the listed
       categories  and subcategories  shall  be  promulgated not
       later than 4 years after the date of enactment of the Clean
       Air Act Amendments of 1990;
          (D) emission standards for an additional  25 per centum
       of the listed categories  and subcategories shall be promul-
       gated not later than 7 years after the date of enactment of
       the Clean Air Act Amendments of 1990; and
          (E) emission  standards for all categories and subcategor-
       ies shall be promulgated not later than 10 years after the
       date  of enactment of the Clean  Air Act Amendments of
        1990.
      (2)  In  determining priorities for  promulgating  standards
    under subsection (d), the Administrator shall consider—
          (A) the known or anticipated adverse effects of such pol-
       lutants on public health and the environment;
          (B) the quantity and location of emissions or  reasonably
       anticipated emissions of hazardous air pollutants that each
       category or subcategory will emit; and
          (C) the efficiency of grouping categories or subcategories
       according to the  pollutants emitted,  or the processes or
       technologies used.
      (3) PUBLISHED SCHEDULE.—Not later than 24 months after the
    date  of enactment of the Clean Air Act Amendments  of  1990
    and after opportunity for comment, the  Administrator  shall
    publish a schedule establishing a date for the promulgation of
    emission  standards  for  each  category  and  subcategory of
    sources listed pursuant to subsection (cXD and (3) which  shall
    be consistent with  the requirements of paragraphs  (1) and (2).
    The determination of priorities for the promulgation of stand-
    ards  pursuant to this paragraph is not a rulemaking and  shall
    not be subject to judicial review, except that, failure  to promul-

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63	CLEAN AIR ACT	Sec. 112

    gate any standard pursuant to the schedule established by this
    paragraph shall be subject to review under section 304 of this
    Act.
      (4) JUDICIAL  REVIEW.—Notwithstanding  section 307 of this
    Act, no action of the Administrator adding a pollutant to the
    list under subsection (b) or listing a source category or subcate-
    gory under subsection (c) shall be a final agency action subject
    to judicial  review, except that any such  action  may be  re-
    viewed under such section 307  when the Administrator issues
    emission standards for such pollutant or category.
      (5) PUBLICLY OWNED TREATMENT WORKS.—The Administrator
    shall promulgate standards pursuant to subsection (d) applica-
    ble to publicly owned treatment works (as defined in title II of
    the Federal Water  Pollution  Control Act) not later  than 5
    years after the date of enactment of the Clean Air Act Amend-
    ments of 1990.
  (f) STANDARD To PROTECT HEALTH  AND THE ENVIRONMENT.—
      (1) REPORT.—Not later than 6 years  after the date of enact-
    ment of the Clean Air Act Amendments of 1990 the Adminis-
    trator shall investigate and report, after consultation with the
    Surgeon General and after opportunity for public comment,  to
    Congress on—
          (AJ methods of calculating the risk to  public health  re-
        maining, or  likely to remain, from sources subject to  regu-
        lation under this section after the application of standards
        under subsection (d);
          (B) the public  health significance of such estimated  re-
        maining  risk and the technologically and  commercially
        available methods and costs of reducing such risks;
          (C) the  actual  health  effects with  respect to persons
        living in the vicinity of sources, any available epidemiolog-
        ical or other health studies, risks presented by background
        concentrations of hazardous air pollutants, any uncertain-
        ties in risk assessment methodology or other health assess-
        ment technique, and any negative health or environmental
        consequences to  the community of efforts to reduce such
        risks; and
          (D) recommendations as to legislation regarding such re-
        maining risk.
      (2) EMISSION STANDARDS.—
          (A) If Congress does not act on any recommendation sub-
        mitted  under paragraph   (1),  the Administrator  shall,
        within 8 years after promulgation of  standards for each
        category or subcategory of  sources pursuant to subsection
        (d), promulgate standards for such  category or subcategory
        if promulgation of such standards is required in order  to
        provide an ample margin of safety  to protect public health
        in accordance with this section (as  in effect before the date
        of enactment of the Clean Air Act Amendments of 1990)  or
        to prevent,  taking into consideration costs, energy, safety,
        and  other  relevant factors,  an   adverse environmental
        effect. Emission standards promulgated under this subsec-
        tion shall provide an ample margin  of safety to  protect

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Sec. 112
CLEAN AIR ACT
64
        public health in accordance with this section (as in effect
        before the date of enactment of the Clean Air Act Amend-
        ments of 1990), unless the Administrator determines that a
        more stringent standard is necessary  to prevent, taking
        into consideration costs, energy, safety, and other relevant
        factors, an adverse environmental effect. If standards pro-
        mulgated pursuant  to  subsection  (d) and  applicable to a
        category or subcategory of sources emitting a pollutant (or
        pollutants)  classified as  a known, probable  or  possible
        human carcinogen do  not reduce  lifetime excess cancer
        risks to  the individual  most exposed to emissions from a
        source in the category  or subcategory to less than one in
        one million, the Administrator shall promulgate standards
        under this subsection for such source category.
         (B) Nothing in subparagraph (A) or in any other provi-
        sion of this section shall be construed as affecting, or  ap-
        plying to the Administrator's interpretation of this section,
        as in effect before the date of enactment of the Clean Air
        Act Amendments of 1990 and set forth in the Federal Reg-
        ister of September 14, 1989 (54 Federal Register 38044).
         (C) The Administrator shall determine whether or not to
        promulgate such standards and, if the Administrator  de-
        cides to  promulgate such standards, shall  promulgate the
        standards  8 years after promulgation  of the standards
        under subsection (d) for each source category or subcatego-
        ry concerned. In the case of categories or subcategories for
        which standards under subsection  (d) are  required to be
        promulgated within  2 years after the date of enactment of
        the Clean Air Act Amendments of 1990, the Administrator
        shall have  9 years  after  promulgation of the standards
        under subsection (d) to  make the determination under the
        preceding  sentence  and, if required, to promulgate the
        standards under this paragraph.
     (3) EFFECTIVE DATE.—Any emission standard established pur-
   suant to this subsection shall become effective upon promulga-
   tion.
     (4) PROHIBITION.—No  air pollutant  to which  a  standard
   under this subsection applies may be emitted from any station-
   ary  source in violation  of  such standard, except that in the
   case of an existing source—
         (A) such standard shall not apply until 90 days  after its
        effective date, and
         (B) the Administrator may  grant  a waiver permitting
        such source  a  period of up to 2 years after the effective
        date of a standard to comply with the standard if the Ad-
        ministrator finds that such period is necessary for the in-
        stallation of controls and that steps will be taken during
        the period of the waiver to assure  that the health of per-
        sons will be protected from imminent endangerment.
     (5) AREA SOURCES.—The Administrator shall  not  be required
   to conduct any review  under this subsection  or  promulgate
   emission limitations under  this subsection for any  category or
   subcategory of area sources that is listed  pursuant to  subsec-

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65	CLEAN AIR ACT	Sec. U2

    tion (cX3) and for which an emission standard is promulgated
    pursuant to subsection (dX5).
      (6) UNIQUE CHEMICAL SUBSTANCES.—In establishing .standards
    for the control of unique chemical  substances of listed pollut-
    ants without CAS numbers under this subsection, the Adminis-
    trator shall establish such standards with respect to the health
    and environmental effects  of the substances actually emitted
    by sources  and direct transformation byproducts of such emis-
    sions in the categories and subcategories.
  (g) MODIFICATIONS.—
      (1) OFFSETS.—
          (A) A physical change in, or change in the method of op-
        eration of, a major source which results in a greater than
        de minimis increase in actual emissions of a hazardous air
        pollutant shall not be considered a modification, if such in-
        crease  in the quantity of actual emissions of any hazard-
        ous air pollutant from such source will be offset by an
        equal or greater decrease in the quantity of emissions of
        another hazardous air  pollutant (or pollutants) from such
        source  which is deemed more hazardous, pursuant to guid-
        ance issued by the Administrator under subparagraph (B).
        The owner or operator  of such source shall submit a show-
        ing to the Administrator (or the State) that such increase
        has been offset under the preceding sentence.
          (B) The Administrator shall, after notice and opportuni-
        ty for  comment and not later  than 18 months after the
        date  of enactment of the Clean Air Act Amendments of
        1990, publish guidance with respect to implementation of
        this subsection. Such guidance shall include an identifica-
        tion, to the extent  practicable,  of the relative hazard  to
        human health  resulting from emissions to the ambient air
        of each of the pollutants listed under subsection (b) suffi-
        cient to  facilitate the  offset showing authorized by sub-
        paragraph (A).  Such guidance shall not authorize offsets
        between pollutants where the increased pollutant (or more
        than one pollutant  in  a stream of pollutants)  causes  ad-
        verse effects to human health for which no safety thresh-
        old for  exposure can  be determined unless there are corre-
        sponding decreases in such types of pollutant(s).
      (2) CONSTRUCTION, RECONSTRUCTION AND MODIFICATIONS.—
          (A) After the effective date of a permit program  under
        title V  in any State,  no person may modify a major source
        of hazardous air pollutants in such State,  unless the Ad-
        ministrator (or the  State) determines that the maximum
        achievable  control technology  emission limitation  under
        this section for existing sources will be met. Such determi-
        nation  shall be made on a case-by-case basis where no ap-
        plicable emissions limitations have been established by the
        Administrator.
          (B) After the effective date of a permit program under
        title  V in any  State, no person may construct or  recon-
        struct any major source of hazardous air pollutants, unless
        the Administrator (or the State) determines that the maxi-

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Sec. 112
CLEAN AIR ACT
66
        mum  achievable  control technology emission  limitation
        under this section for new sources will be met. Such deter-
        mination shall be made on a case-by-case basis where no
        applicable emission limitations  have been established by
        the Administrator.
      (3) PROCEDURES FOR MODIFICATIONS.—The Administrator (or
    the State) shall  establish  reasonable  procedures for assuring
    that the requirements applying to modifications under this sec-
    tion are reflected in the permit.
  (h) WORK PRACTICE STANDARDS AND OTHER REQUIREMENTS.—
      (1) IN GENERAL.—For purposes of this section, if it is not fea-
    sible in the judgment of the Administrator to prescribe or en-
    force an emission standard for control of a hazardous air pol-
    lutant  or pollutants, the Administrator  may, in lieu thereof,
    promulgate a design, equipment, work practice, or operational
    standard, or combination thereof, which in the Administrator's
    judgment is consistent with the provisions of subsection (d) or
    (f). In  the event the  Administrator promulgates a design  or
    equipment standard under this subsection, the Administrator
    shall include as  part of such standard such requirements  as
    will assure the proper operation and maintenance of any such
    element of design or equipment.
      (2) DEFINITION.—For the  purpose  of  this subsection, the
    phrase "not feasible to prescribe or enforce an emission stand-
    ard" means  any situation in which the Administrator deter-
    mines that—
          (A) a hazardous air pollutant or  pollutants cannot be
        emitted through a conveyance designed and constructed to
        emit or capture such  pollutant, or that  any requirement
        for, or  use of, such a conveyance would be inconsistent
        with any Federal, State or local law, or
          (B) the application  of measurement methodology  to a
        particular class of sources is not practicable due to techno-
        logical and economic limitations.
      (3) ALTERNATIVE  STANDARD.—If after notice and opportunity
    for comment, the owner or operator of any source establishes
    to  the satisfaction of the Administrator that an  alternative
    means of emission  limitation will achieve a reduction in emis-
    sions of any air pollutant at least equivalent to the reduction
    in  emissions  of  such pollutant achieved  under the require-
    ments of paragraph (1), the Administrator shall permit the use
    of such alternative by the source for purposes of compliance
    with this section with respect to such pollutant.
      (4) NUMERICAL STANDARD REQUIRED.—Any  standard promul-
    gated  under paragraph (1) shall be promulgated in terms of an
    emission standard  whenever it is feasible to promulgate and
    enforce a standard  in such terms.
  (i) SCHEDULE FOR COMPLIANCE.—
      (1) PRECONSTRUCTION AND  OPERATING REQUIREMENTS.—After
    the effective date of any emission standard, limitation, or regu-
    lation  under subsection (d), (D or (h), no person may construct
    any new major source or reconstruct any existing major source
    subject to such  emission  standard, regulation or limitation

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67	CLEAN AIR ACT	Sec. 112

    unless the Administrator (or a State with a  permit program
    approved under title V) determines that such source, if proper-
    ly constructed, -reconstructed and operated, will comply  with
    the standard, regulation or limitation,
      (2)  SPECIAL RULE.—Notwithstanding the  requirements  of
    paragraph (1), a new source which  commences construction or
    reconstruction after a standard, limitation or regulation appli-
    cable to such source is proposed and before such standard,  limi-
    tation or  regulation is  promulgated shall  not be required  to
    comply with such promulgated  standard until  the date 3 years
    after the date of promulgation if—
          (A) the promulgated standard, limitation or regulation is
        more stringent than the standard,  limitation or regulation
        proposed; and
          (B) the source complies with  the standard, limitation, or
        regulation as  proposed during the 3-year  period immedi-
        ately after promulgation.
      (3) COMPLIANCE SCHEDULE FOR EXISTING SOURCES.—
          (A)  After.the effective date  of any emissions standard,
        limitation or  regulation promulgated  under this section
        and applicable to a source, no person may operate  such
        source in violation of such standard, limitation or regula-
        tion except,  in the case of an existing source, the Adminis-
        trator  shall  establish a compliance date or dates for  each
        category or  subcategory  of existing sources, which shall
        provide for compliance as expeditiously as practicable, but
        in no event later than 3 years after the effective date of
        such standard, except as provided in subparagraph (B) and
        paragraphs (4) through (8).
          (B)  The Administrator (or a State with a program ap-
        proved under  title V) may issue a permit that grants an
        extension permitting an existing source up to 1 additional
        year to comply with standards  under subsection (d) if such
        additional period is  necessary  for  the  installation of con-
        trols.  An additional extension of  up to 3  years  may  be
        added  for mining waste  operations,  if the  4-year compli-
        ance time is insufficient to dry and cover  mining waste in
        order to reduce emissions of any pollutant listed under
        subsection (b).
      (4)  PRESIDENTIAL EXEMPTION.—The  President may  exempt
    any stationary source from compliance with any standard  or
    limitation  under this section for a period of not more than 2
    years if the President determines that the technology to imple-
    ment such standard is not available and that it is in the na-
    tional security interests  of the  United States  to do so. An ex-
    emption under this paragraph  may be extended for 1  or more
    additional  periods, each  period  not to  exceed 2 years. The
    President shall report to Congress with respect to each exemp-
    tion (or extension thereof) made under this paragraph.
      (5) EARLY REDUCTION.—
          (A)  The Administrator (or a State acting pursuant to a
        permit program  approved  under  title V) shall  issue  a
        permit allowing an existing source, for which the owner or

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Sec. 112
CLEAN AIR  ACT
68
        operator demonstrates that the source has achieved a re-
        duction of 90 per centum or more in emissions of hazard-
        ous air pollutants (95 per centum in the case of hazardous
        air  pollutants which are particulates) from the source, to
        meet an alternative emission limitation reflecting such re-
        duction  in lieu of an  emission limitation  promulgated
        under subsection (d) for a period of 6 years from the com-
        pliance date for the otherwise applicable  standard, provid-
        ed that such reduction is achieved before  the otherwise ap-
        plicable  standard under subsection (d)  is  first  proposed.
        Nothing in this paragraph shall preclude a State from re-
        quiring reductions in  excess of those specified in this sub-
        paragraph as a condition of granting the extension author-
        ized by the previous sentence.
          (B) An existing source which achieves  the reduction re-
        ferred to in subparagraph (A) after the proposal of an ap-
        plicable standard but  before January 1, 1994, may qualify
        under subparagraph (A), if  the source makes an enforcea-
        ble commitment to achieve  such reduction before the pro-
        posal of the standard. Such  commitment shall be enforcea-
        ble to the  same extent as a regulation under this section.
          (C) The  reduction shall be  determined with respect to
        verifiable and actual emissions in a base year not earlier
        than calendar year 1987, provided that, there is no evi-
        dence that emissions  in the  base year are artificially  or
        substantially  greater than emissions in  other years prior
        to implementation of emissions  reduction measures. The
        Administrator may allow a source to use a baseline year of
        1985 or 1986  provided that  the source can demonstrate to
        the  satisfaction of the Administrator that emissions data
        for the source reflects verifiable data based on information
        for such source, received by the Administrator prior to the
        enactment of the Clean Air Act Amendments of 1990, pur-
        suant to an information request issued under section 114.
          (D) For each source  granted an alternative emission lim-
        itation under this paragraph  there shall  be established by
        a  permit issued pursuant to  title V an  enforceable  emis-
        sion limitation for hazardous air pollutants reflecting the
        reduction which qualifies the source for an alternative
        emission limitation under this paragraph. An alternative
        emission limitation under  this  paragraph  shall  not be
        available with respect to standards or requirements pro-
        mulgated pursuant to subsection (f) and the Administrator
        shall,  for the purpose of determining whether a standard
        under subsection (f)  is  necessary,  review emissions from
        sources granted an  alternative emission  limitation under
        this paragraph at the same time that other sources in the
        category or subcategory are reviewed.
          (E) With respect to pollutants for which high risks of ad-
        verse  public health effects  may be associated with  expo-
        sure to  small quantities including,  but not limited to,
        chlorinated dioxins and  furans, the Administrator shall by
        regulation limit the  use of offsetting reductions  in  emis-

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69	CLEAN AIR ACT	Sec. 112

        sions of other hazardous air pollutants from the source as
        counting toward the 90 per centum reduction in such high-
        risk pollutants qualifying for an alternative emissions  lim-
        itation under this paragraph.
      (6) OTHER  REDUCTIONS.—Notwithstanding  the requirements
    of this section, no existing source that has installed—
          (A) best available control technology (as defined in  sec-
        tion 169(3)), or
          (B)  technology required to  meet  a lowest  achievable
        emission rate (as defined in section 171),
    prior to the promulgation of a standard under this section ap-
    plicable to.such source and the same pollutant (or stream of
    pollutants) controlled pursuant to an action described in sub-
    paragraph  (A) or  (B) shall  be required to comply  with such
    standard under  this section  until the date  5 years after  the
    date  on  which  such  installation or  reduction  has been
    achieved, as  determined by the Administrator. The Adminis-
    trator  may issue such rules and guidance as are  necessary to
    implement this paragraph.
      (7) EXTENSION FOR NEW SOURCES.—A source for which con-
    struction or  reconstruction  is commenced after  the  date an
    emission standard applicable to such source is proposed pursu-
    ant to subsection (d) but before the date an emission standard
    applicable to such source is proposed pursuant to subsection (f)
    shall  not be required to comply with  the emission standard
    under  subsection (f) until the date 10 years after the date con-
    struction or reconstruction is commenced.
      (8) COKE OVENS.
          (A) Any coke oven battery that complies  with the emis-
        sion limitations  established under  subsection (dX8)(C), sub-
        paragraph (B), and subparagraph  (.C), and  complies with
        the provisions of subparagraph (E), shall not be required to
        achieve-emission limitations promulgated under subsection
        (f) until January 1, 2020.
          (BXi) Not later than December 31, 1992, the Administra-
        tor shall promulgate emission limitations  for  coke oven
        emissions from coke oven batteries. Notwithstanding para-
        graph (3) of this subsection, the compliance date  for such
        emission limitations for existing coke  oven  batteries shall
        be January 1, 1998. Such emission limitations shall reflect
        the lowest  achievable emission rate as defined in section
        171 for a coke oven battery that  is  rebuilt or a  replace-
        ment  at  a  coke oven plant for an existing battery. Such
        emission limitations shall be no less stringent than—
              (I) 3 per centum leaking doors (5 per centum leaking
            doors for six meter batteries);
              (II) 1 per centum leaking lids;
              (III) 4 per  centum leaking offtakes; and
              (IV) 16 seconds visible emissions per charge,
        with an exclusion for emissions during the period after the
        closing of self-sealing oven doors (or the total mass emis-
        sions equivalent). The rulemaking in which such  emission
        limitations are promulgated shall  also establish an appro-

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Sec. 112
CLEAN AIR ACT
70
        priate measurement methodology for determining compli-
        ance with such  emission  limitations, and  shall establish
        such emission limitations  in terms of an equivalent level
        of mass  emissions  reduction from a coke  oven battery,
        unless the Administrator finds that such a mass emissions
        standard would  not be practicable  or  enforceable.  Such
        measurement methodology, to the extent it measures leak-
        ing doors, shall take into consideration alternative test
        methods that reflect the best technology and practices ac-
        tually applied in the affected industries, and shall assure
        that the  final test  methods are consistent  with the per-
        formance of such best technology and practices.
          (ii) If the Administrator fails to promulgate  such  emis-
        sion limitations under this aubparagraph prior to the effec-
        tive date of such emission  limitations, the emission limita-
        tions applicable to coke oven batteries under this subpara-
        graph shall be—
             (I) 3 per centum leaking doors (5 per centum leaking
            doors for six meter batteries);
             (II) 1 per centum leaking lids;
             (III) 4 per centum leaking offtakes; and
             (IV) 16 seconds visible emissions per charge,
        or the total mass emissions equivalent  (if  the  total  mass
        emissions equivalent is determined to be  practicable and
        enforceable), with no exclusion  for emissions during the
        period after the closing of self-sealing oven doors.
          (C) Not  later than January 1,  2007, the Administrator
        shall review the emission  limitations promulgated under
        aubparagraph  (B) and revise, as necessary, such emission
        limitations to  reflect the lowest achievable emission rate
        as defined in  section 171 at the time for a coke oven bat-
        tery that is rebuilt or a replacement at  a coke  oven  plant
        for an existing battery. Such emission limitations shall be
        no less stringent than the emission limitation promulgated
        under subparagraph (B). Notwithstanding paragraph (2) of
        this subsection, the compliance date for such emission lim-
        itations for existing coke oven batteries shall be January
        1, 2010.
          (D) At any  time prior to January  1, 1998, .the owner or
        operator  of any coke oven battery  may elect  to comply
        with emission  limitations promulgated under subsection (f)
        by the date  such emission limitations would  otherwise
        apply to  such coke  oven battery,  in lieu  of the emission
        limitations and the  compliance dates provided  under sub-
        paragraphs (B) and  (C) of this paragraph. Any such owner
        or operator shall be legally  bound  to  comply  with such
        emission limitations promulgated under  subsection (f) with
        respect to such coke oven battery as of January 1, 2003. If
        no such emission limitations have been promulgated for
        such coke oven  battery, the  Administrator shall promul-
        gate such emission  limitations in accordance with subsec-
        tion (f) for such coke oven battery.

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71	CLEAN AIR ACT	Sec. 112

          (E)  Coke  oven batteries  qualifying  for  an extension
        under subparagraph (A) shall  make available not later
        than January 1, 2000, to the surrounding communities the
        results of any risk assessment performed by the Adminis-
        trator to determine the appropriate level of any emission
        standard established  by the Administrator  pursuant to
        subsection (f).
          (F) Notwithstanding the provisions of this section, recon-
        struction of any source of coke oven emissions qualifying
        for an extension under this  paragraph shall not  subject
        such source to  emission limitations under  subsection (f)
        more  stringent  than  those  established under subpara-
        graphs (B) and (C) until January 1, 2020. For  the purposes
        of this subparagraph, the term "reconstruction" includes
        the  replacement  of existing  coke oven battery capacity
        with new coke oven batteries of comparable  or lower ca-
        pacity and lower potential emissions.
  (j) EQUIVALENT EMISSION LIMITATION BY PERMIT.—
      (1) EFFECTIVE  DATE.—The requirements  of this subsection
   shall apply in each  State beginning on the effective date of a
   permit program  established pursuant  to title V in such State,
   but not  prior to the date 42 months  after the  date of enact-
   ment of the Clean Air Act Amendments of 1990.
      (2) FAILURE TO PROMULGATE A STANDARD.—In the event that
   the Administrator fails to promulgate a  standard  for a  catego-
   ry or subcategory of major sources by the date established pur-
   suant  to subsection  (eXl) and (3), and  beginning 18 months
   after such date (but not prior to the effective date of a  permit
   program under title V), the owner or operator of any major
   source in such category or  subcategory shall submit a  permit
   application under paragraph (3) and  such  owner or operator
   shall also comply with paragraphs (5) and (6).
      (3) APPLICATIONS.—By the date established by paragraph (2),
   the owner or operator of a  major source  subject to this  subsec-
   tion shall file an application for a  permit. If the owner or oper-
   ator of a source  has submitted a timely  and complete applica-
   tion for  a permit required by this subsection, any failure to
   have a permit shall  not be  a violation of paragraph (2), unless
   the delay in  final action is due to the failure of the applicant
   to timely submit information required or requested to process
   the application.  The  Administrator  shall  not  later than  18
   months  after the date  of  enactment of the Clean Air Act
   Amendments of 1990, and  after  notice  and opportunity for
   comment,  establish  requirements for  applications under this
   subsection including a standard application form and criteria
   for determining in a timely manner the  completeness of appli-
   cations.
      (4) REVIEW AND  APPROVAL.—-Permit applications submitted
   under this subsection shall  be reviewed and approved or disap-
   proved according to  the provisions of section 505.  In the event
   that the Administrator (or the State) disapproves  a permit ap-
   plication submitted  under this subsection or determines that
   the application is incomplete, the  applicant shall have up to 6

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Sec. 112
CLEAN AIR  ACT
72
    months to revise the application to meet the objections of the
    Administrator (or the State).
      (5) EMISSION LIMITATION.—The permit shall be issued pursu-
    ant to title  V and shall contain emission  limitations for the
    hazardous air pollutants subject to regulation under this sec-
    tion and emitted by the source that the Administrator (or the
    State) determines, on a case-by-case basis, to be equivalent to
    the limitation that would apply to such source if an emission
    standard had been promulgated in a timely manner under sub-
    section (d). In the alternative, if the applicable criteria are met,
    the permit may contain an emissions limitation established ac-
    cording to the provisions of subsection (1X5). For  purposes of
    the preceding sentence, the reduction required by subsection
    (iXSXA) shall be achieved by the date on which the relevant
    standard should have been promulgated under subsection (d).
    No such pollutant may be emitted in amounts exceeding an
    emission limitation contained in a permit immediately for new
    sources and, as expeditiously as practicable, but not later than
    the date 3 years after the permit is issued for existing sources
    or such other compliance date as would apply under subsection
    (i).
      (6)  APPLICABILITY OF SUBSEQUENT STANDARDS.—If the Admin-
    istrator promulgates an emission standard that is applicable to
    the major source prior to the date on which a permit applica-
    tion is approved, the emission limitation in the permit shall re-
    flect the promulgated standard rather than the emission limi-
    tation determined pursuant to paragraph (5), provided that the
    source shall have the compliance period provided under subsec-
    tion (i). If the  Administrator promulgates a standard under
    subsection (d) that would be applicable to the source in lieu of
    the emission  limitation established by permit under  this sub-
    section after the date on which the permit has been issued, the
    Administrator (or the State) shall revise such permit upon the
    next  renewal to reflect the standard  promulgated by the Ad-
    ministrator providing such source a reasonable time to comply,
    but no longer than 8 years after such  standard is promulgated
    or 8 years after the date on which the source is first required
    to comply with the emissions limitation established  by para-
    graph (5), whichever is earlier.
  (k) AREA SOURCE PROGRAM.—
      (1)  FINDINGS AND PURPOSE.—The Congress finds that emis-
    sions of hazardous air  pollutants from area sources may indi-
    vidually, or in the aggregate, present significant risks to public
    health  in urban areas.  Considering the large number of per-
    sons exposed and the risks of carcinogenic and other adverse
    health  effects from hazardous air pollutants, ambient concen-
    trations characteristic of large urban  areas should be reduced
    to levels substantially below those currently experienced. It is
    the purpose  of this subsection to achieve a substantial reduc-
    tion in emissions of hazardous air pollutants from area sources
    and an equivalent reduction in the public health risks associat-
    ed with such sources including a reduction of not less than 75

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73	CLEAN AIR ACT	Sec. 112

    per centum in the incidence of cancer attributable to emissions
    from such sources.
      (2) RESEARCH PROGRAM.—The Administrator shall, after con-
    sultation with  State and local air pollution control officials,
    conduct a program  of research with respect to sources of haz-
    ardous air pollutants in  urban areas and shall include within
    such program—
          (A)  ambient monitoring for a broad range of hazardous
        air pollutants (including, but not limited to, volatile organ-
        ic compounds,  metals, pesticides and products of incom-
        plete combustion) in a representative number of urban lo-
        cations;
          (B) analysis .to characterize the sources of such pollution
        with a focus on area sources and the contribution that
        such sources make to  public health risks from hazardous
        air pollutants; and
          (C)  consideration  of atmospheric  transformation and
        other  factors which  can elevate public health risks from
        such pollutants.
    Health effects considered under this program shall include, but
    not be limited to, carcinogenicity, mutagenicity, teratogenicity,
    neurotoxicity, reproductive dysfunction and other acute and
    chronic effects including the role of such pollutants as precur-
    sors of ozone or acid aerosol formation.  The Administrator
    shall report the preliminary results of such research not later
    than 3 years  after the date of enactment of the Clean  Air Act
    Amendments of 1990.
      (3) NATIONAL STRATEGY.—
          (A)  Considering  information collected pursuant to  the
        monitoring program authorized by  paragraph (2),  the Ad-
        ministrator shall, not later than 5 years after  the date of
        enactment of the Clean Air Act Amendments of 1990 and
        after notice and opportunity for public comment,  prepare
        and transmit to the Congress a comprehensive strategy to
        control emissions of hazardous air pollutants from area
        sources in urban areas.
          (B) The strategy shall—
              (i)  identify not less than 30 hazardous air pollutants
           which,  as the  result of emissions from area  sources,
           present the greatest  threat  to  public health  in  the
           largest number of urban areas and that are or will be
           listed pursuant to subsection (b), and
              (ii) identify the source categories or subcategories
           emitting such pollutants that are or will be listed pur-
           suant to subsection (c).  When identifying categories
           and subcategories of sources under this subparagraph,
           the  Administrator shall  assure that sources account-
           ing for 90 per centum or more of the aggregate emis-
           sions of each of the 30 identified hazardous air pollut-
           ants  are subject to standards pursuant to subsection
           (d).
          (C) The strategy shall  include a schedule of specific  ac-
        tions to substantially reduce the public health risks posed

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Sec. 112
CLEAN AIR ACT
74
        by the  release  of hazardous  air  pollutants  from area
        sources  that  will be  implemented  by the Administrator
        under the authority of this or other laws (including, but
        not limited to, the Toxic  Substances Control Act, the Fed-
        eral  Insecticide, Fungicide and  Rodenticide Act and the
        Resource Conservation and Recovery Act) or by the States.
        The strategy shall achieve a reduction in  the incidence of
        cancer attributable to exposure to hazardous air pollutants
        emitted  by stationary sources of  not  less than 75 per
        centum, considering control of emissions of hazardous air
        pollutants from all  stationary sources and resulting from
        measures  implemented by the Administrator or by the
        States under this or other laws.
          (D) The strategy may  also identify research needs  in
        monitoring, analytical  methodology, modeling  or pollution
        control techniques and recommendations for changes  in
        law that would further the goals and objectives of this sub-
        section.
          (E) Nothing in this  subsection shall  be interpreted  to
        preclude or delay implementation of actions with respect
        to area sources of hazardous air pollutants under consider-
        ation pursuant to this or any other law and that may be
        promulgated before the strategy is prepared.
          (F) The  Administrator  shall implement the strategy  as
        expeditiously  as  practicable assuring that all  sources are
        in compliance with all requirements not later than 9 years
        after the date of enactment of the Clean  Air Act Amend-
        ments of 1990.
          (G) As part of such strategy the Administrator shall pro-
        vide  for ambient monitoring  and emissions modeling  in
        urban areas as appropriate to demonstrate that the goals
        and objectives of the strategy are being met.
     (4) AREA WIDE ACTIVITIES.—In addition to the national urban
   air toxics strategy authorized by paragraph (3), the Adminis-
   trator shall also encourage and support areawide strategies de-
   veloped by State or local air pollution  control agencies that are
   intended to reduce risks from emissions  by area sources within
   a particular urban area. From the funds available for grants
   under this section, the Administrator shall  set aside not less
   than 10 per centum to support areawide strategies addressing
   hazardous air pollutants  emitted  by area sources and shall
   award such  funds on a  demonstration basis  to those  States
   with innovative and effective strategies. At the request of State
   or local air pollution control  officials, the Administrator shall
   prepare guidelines  for  control  technologies or management
   practices  which may be applicable to various categories or sub-
   categories of area sources.
     (5) REPORT.—The Administrator shall  report to the Congress
   at intervals not later than 8 and 12 years after the date of en-
   actment of the Clean Air Act Amendments of 1990 on actions
   taken under  this subsection  and  other parts of  this Act  to
   reduce the risk to public health posed  by the release of hazard-
   ous  air pollutants from area sources. The  reports shall also

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75
CLEAN AIR ACT
Sec. 112
    identify specific metropolitan areas that continue to experience
    high risks to public health as the result of emissions from area
    sources.
  (1) STATE PROGRAMS.—
      (1) IN GENERAL.—Each State may develop and submit to  the
    Administrator for approval a program for the implementation
    and  enforcement (including a review  of enforcement delega-
    tions previously granted) of emission standards and other re-
    quirements for air pollutants subject to this section or require-
    ments for the .prevention and mitigation of accidental releases
    pursuant to subsection (r). A program submitted by a  State
    under this subsection may provide for partial or complete dele-
    gation of the Administrator's authorities and responsibilities to
    implement and enforce emissions standards and prevention re-
    quirements  but  shall not include  authority to set standards
    less  stringent  than  those promulgated by the Administrator
    under this Act.
      (2) GUIDANCE.—Not later than 12 months after the date of
    enactment of the Clean Air Act  Amendments of 1990, the Ad-
    ministrator shall publish guidance that would be useful to  the
    States in developing programs for submittal under this subsec-
    tion. The guidance shall  also provide for the registration of all
    facilities producing,  processing,  handling  or storing any sub-
    stance listed pursuant  to  subsection  (r) in  amounts greater
    than the threshold quantity. The Administrator shall include
    as an element in such guidance  an optional program begun in
    1986 for the review of high-risk  point sources of air pollutants
    including, but not limited to, hazardous air pollutants  listed
    pursuant to  subsection (b).
      (3) TECHNICAL ASSISTANCE.—The Administrator  shall estab-
    lish  and maintain an  air toxics clearinghouse and center to
    provide  technical information and assistance to State and local
    agencies and,  on a  cost recovery  basis, to others on control
    technology,  health and ecological risk assessment, risk analy-
    sis, ambient monitoring and modeling, and emissions measure-
    ment and monitoring. The Administrator shall use the author-
    ity of section 103 to examine methods for preventing, measur-
    ing, and controlling emissions and evaluating associated health
    and ecological risks. Where appropriate, such activity shall be
    conducted with not-for-profit organizations. The Administrator
    may conduct research  on methods  for preventing, measuring
    and controlling emissions and evaluating associated health and
    environment risks.  All information collected under this para-
    graph shall be available to the public.
      (4) GRANTS.—Upon application of a State, the Administrator
    may make grants, subject to such terms and conditions as  the
    Administrator deems appropriate, to such State for the pur-
    pose of  assisting the State in developing and implementing a
    program for submittal and approval under this subsection. Pro-
    grams assisted under this paragraph may include program  ele-
    ments addressing air pollutants or extremely  hazardous sub-
    stances  other  than  those specifically  subject to this section.
    Grants under this paragraph may include support for high-risk

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Sec. 112
CLEAN AIR ACT
76
    point source review as provided in paragraph (2) and support
    for the development and  implementation of areawide  area
    source programs pursuant to subsection (k).
      (5) APPROVAL OR DISAPPROVAL.—Not later than 180 days after
    receiving a program submitted by a State, and after notice and
    opportunity for public comment, the Administrator shall either
    approve or disapprove such program. The Administrator shall
    disapprove any program submitted by a State, if the Adminis-
    trator determines that—
          (A)  the  authorities  contained  in  the program are not
        adequate to assure compliance  by all sources within the
        State with each applicable standard, regulation or require-
        ment established by the Administrator  under this section;
          (B) adequate authority does not exist, or adequate re-
        sources are not available, to implement the program;
          (C) the schedule for implementing the  program and as-
        suring  compliance by affected sources  is not sufficiently
        expeditious; or
          (D) the program is otherwise not in compliance with the
        guidance issued by the Administrator under paragraph (2)
        or is not likely to satisfy, in whole or  in part, the objec-
        tives of this Act.
    If the Administrator disapproves a State program, the Admin-
    istrator shall notify the State of any revisions or modifications
    necessary to obtain approval. The State may revise and resub-
    mit the proposed program for review and approval pursuant to
    the provisions of this subsection.
      (6) WITHDRAWAL.—Whenever the Administrator determines,
    after public hearing, that a State is not administering and en-
    forcing a program approved  pursuant to this  subsection in ac-
    cordance with the guidance  published pursuant to paragraph
    (2) or the requirements of paragraph  (5),  the  Administrator
    shall  so notify the State and,  if action which  will  assure
    prompt compliance is not taken  within 90 days, the Adminis-
    trator shall withdraw approval of the program. The Adminis-
    trator shall not withdraw approval of any program unless the
    State shall have been notified and the reasons for withdrawal
    shall have been stated in writing and made public.
      (7) AUTHORITY TO ENFORCE.—Nothing in this subsection shall
    prohibit the Administrator from enforcing any applicable emis-
    sion standard or requirement under this section.
      (8) LOCAL PROGRAM.—The  Administrator may,  after notice
    and opportunity for public comment, approve a program devel-
    oped and  submitted  by a local  air pollution control agency
    (after  consultation with the State) pursuant to this subsection
    and any such agency implementing an approved program  may
    take any action authorized to be taken by a  State under this
    section.
      (9) PERMIT AUTHORITY.—Nothing  in  this  subsection shall
    affect the authorities  and obligations of the Administrator or
    the State under title V.
  (m> ATMOSPHERIC  DEPOSITION  TO  GREAT  LAKES  AND COASTAL
WATERS.—

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77
CLEAN AIR ACT
Sec. 112
      (1) DEPOSITION ASSESSMENT.—The Administrator, in coopera-
    tion with the Under Secretary of Commerce for Oceans and At-
    mosphere, shall conduct a program to identify and assess the
    extent of atmospheric deposition  of hazardous air pollutants
    (and in the  discretion of the Administrator,  other air pollut-
    ants)  to the Great  Lakes, the  Chesapeake Bay,  Lake Cham-
    plain  and coastal waters. As part of such program, the Admin-
    istrator shall—
          (A) monitor the Great Lakes, the Chesapeake Bay, Lake
        Champlain and coastal waters, including monitoring of the
        Great Lakes through the monitoring network established
        pursuant to paragraph (2) of this subsection and designing
        and  deploying  an atmospheric  monitoring  network for
        coastal waters pursuant to paragraph (4);
          (B) investigate the sources and deposition rates of atmos-
        pheric deposition of air pollutants (and their atmospheric
        transformation precursors);
          (C) conduct research to develop  and improve monitoring
        methods and to determine the relative contribution of at-
        mospheric pollutants  to  total  pollution  loadings  to  the
        Great Lakes, the Chesapeake Bay,  Lake Champlain, and
        coastal waters;
          (D) evaluate  any adverse effects to public health or the
        environment caused by such  deposition (including effects
        resulting from indirect exposure pathways) and assess the
        contribution of such deposition to  violations of water qual-
        ity standards established pursuant  to the Federal Water
        Pollution Control Act and drinking water standards estab-
        lished pursuant to the Safe Drinking Water Act; and
          (E) sample for such pollutants in biota, fish, and wildlife
        of the Great Lakes, the Chesapeake Bay,  Lake Champlain
        and coastal waters and characterize the sources of such
        pollutants.
      (2) GREAT  LAKES  MONITORING  NETWORK.—The Administrator
    shall oversee, in accordance with Annex 15 of the Great Lakes
    Water Quality Agreement, the establishment  and operation of
    a Great Lakes atmospheric deposition network to monitor at-
    mospheric deposition of hazardous air pollutants (and in the
    Administrator's discretion, other air  pollutants) to the Great
    Lakes.
          (A) As part  of the network provided for  in this para-
        graph, and not later than December 31, 1991, the Adminis-
        trator shall establish in each of the  5 Great Lakes at least
        1  facility capable of monitoring the atmospheric deposition
        of hazardous air pollutants in both dry and wet conditions.
          (B) The Administrator shall  use  the data provided by the
        network to identify and track the movement of hazardous
        air pollutants through the Great  Lakes, to determine the
        portion of water pollution loadings attributable to atmos-
        pheric deposition of such pollutants, and to support devel-
        opment  of remedial action plans  and other management
        plans as required by  the Great  Lakes Water Quality
        Agreement.

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Sec. 112	CLEAN AIR ACT	78

          (C) The Administrator shall assure that the data collect-
        ed by the Great Lakes atmospheric deposition  monitoring
        network is  in  a format compatible with databases spon-
        sored by the International Joint Commission, Canada, and
        the several States of the Great Lakes region.
      (3) MONITORING FOR THE CHESAPEAKE BAY AND LAKE CHAM-
    PLAIN.—The Administrator shall establish at the Chesapeake
    Bay and  Lake Champlain atmospheric deposition  stations to
    monitor deposition of hazardous air pollutants (and in the  Ad-
    ministrator's discretion, other air pollutants) within the Chesa-
    peake Bay and  Lake Champlain watersheds. The Administra-
    tor shall determine the role of air deposition in the pollutant
    loadings of the Chesapeake Bay and Lake  Champlain, investi-
    gate the sources of air pollutants  deposited in the watersheds,
    evaluate the health and environmental effects of such pollut-
    ant  loadings,  and shall sample such pollutants in biota,  fish
    and wildlife within the watersheds, as  necessary to character-
    ize such effects.
      (4) MONITORING  FOR COASTAL WATERS.—The Administrator
    shall design and deploy atmospheric deposition monitoring net-
    works for coastal waters and their watersheds and  shall make
    any information collected through such networks available to
    the public. As part of this effort, the Administrator shall con-
    duct research to develop and improve deposition  monitoring
    methods, and to determine the relative contribution of atmos-
    pheric  pollutants to pollutant loadings. For purposes of this
    subsection, "coastal waters" shall  mean estuaries selected pur-
    suant  to  section 320(aX2XA)  of the Federal Water Pollution
    Control Act or  listed pursuant to section  320(aX2XB) of such
    Act or  estuarine research reserves designated pursuant to  sec-
    tion 315 of the Coastal Zone Management Act (16 U.S.C. 1461).
      (5) REPORT.—Within 3 years of the date of enactment of the
    Clean  Air Act Amendments of 1990 and biennially thereafter,
    the Administrator, in cooperation  with  the Under Secretary of
    Commerce for Oceans and Atmosphere, shall submit  to  the
    Congress  a  report  on the results of any monitoring, studies,
    and investigations conducted pursuant to this subsection. Such
    report shall include, at a minimum, an assessment of—
         (A) the contribution of atmospheric  deposition to pollu-
       tion loadings in the Great Lakes, the  Chesapeake Bay,
       Lake Champlain and coastal waters;
         (B) the environmental and  public health effects  of  any
       pollution which is attributable to  atmospheric deposition
       to the Great Lakes, the Chesapeake Bay, Lake  Champlain
       and coastal waters;
         (C) the source or sources of any pollution to the Great
       Lakes, the Chesapeake Bay, Lake  Champlain and coastal
       waters which is attributable to atmospheric deposition;
         (D) whether pollution loadings in the Great Lakes,  the
       Chesapeake Bay, Lake Champlain or coastal waters cause
       or  contribute to exceedances of drinking v/ater standards
        pursuant to the Safe Drinking Water Act or water quality
        standards pursuant to the Federal Water Pollution Control

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79	CLEAN AIR ACT	Sec. 112

        Act or, with respect to the Great Lakes, exceedances of the
        specific objectives of the Great Lakes Water Quality Agree-
        ment; and
          (E) a description  of any revisions of the  requirements,
        standards, and limitations pursuant to this Act and other
        applicable Federal laws as are necessary to assure protec-
        tion of human health and the environment.
      (6) ADDITIONAL REGULATION.—As part of the report to Con-
    gress, the Administrator shall determine whether the other
    provisions of this section are adequate to prevent serious ad-
    verse effects to public health and serious or  widespread envi-
    ronmental effects, including such effects resulting from indi-
    rect  exposure pathways, associated with  atmospheric deposi-
    tion to the Great Lakes, the Chesapeake Bay, Lake Champlain
    and coastal waters of hazardous  air pollutants (and their at-
    mospheric transformation products). The Administrator  shall
    take into consideration the tendency of such  pollutants to
    bioaccumulate.  Within 5 years after the  date of enactment of
    the Clean Air  Act Amendments of 1990,  the Administrator
    shall, based on  such  report and determination, promulgate, in
    accordance with this section, such further emission standards
    or control measures  as  may be necessary and appropriate to
    prevent such effects, including effects due to bioaccumulation
    and indirect exposure pathways. Any requirements promulgat-
    ed pursuant to this paragraph with  respect to coastal waters
    shall only apply to the coastal  waters of the  States which are
    subject to section 328(a).
  (n) OTHER PROVISIONS.—
      (1) ELECTRIC UTILITY STEAM GENERATING UNITS.—-
          (A) The Administrator shall perform a  study of the haz-
        ards  to public health reasonably anticipated to occur as a
        result of emissions by  electric  utility steam generating
        units of pollutants listed under subsection (b) after imposi-
        tion of the  requirements  of this Act. The Administrator
        shall report  the  results  of  this study  to  the Congress
        within 3 years after the date of the enactment of the Clean
        Air Act Amendments of 1990. The Administrator shall de-
        velop and describe  in the Administrator's report to Con-
        gress alternative control  strategies  for  emissions which
        may  warrant regulation under this  section. The Adminis-
        trator shall regulate electric utility steam generating units
        under this section, if the Administrator finds such regula-
        tion is appropriate and necessary after considering the re-
        sults of the study  required by  this subparagraph.
          (B) The Administrator shall conduct, and transmit to the
        Congress not later  than 4 years after the date of enact-
        ment of the Clean Air Act Amendments of 1990, a study of
        mercury emissions from electric utility  steam  generating
        units,  municipal  waste  combustion  units,  and  other
        sources, including area sources. Such study shall  consider
        the rate and mass of such emissions, the health and envi-
        ronmental  effects of such emissions, technologies which

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Sec. 112
CLEAN AIR ACT
80
        are available to control such emissions,  and the costs of
        such technologies.
          (C) The National Institute of Environmental Health Sci-
        ences shall conduct, and transmit to the Congress not later
        than 3 years after the date of enactment of the Clean Air
        Act Amendments of 1990, a study to determine the thresh-
        old level of mercury exposure below which adverse human
        health  effects are not expected to occur. Such study shall
        include  a  threshold for mercury  concentrations  in the
        tissue of fish which may be consumed (including consump-
        tion by sensitive populations)  without adverse effects to
        public health.
      (2) COKE OVEN PRODUCTION TECHNOLOGY STUDY.—
          (A) The Secretary of the Department of Energy and the
        Administrator  shall jointly  undertake a 6-year study to
        assess coke oven production emission control technologies
        and to assist in the development and commercialization of
        technically  practicable  and economically viable  control
        technologies  which  have  the potential  to  significantly
        reduce  emissions of  hazardous air pollutants  from coke
        oven production facilities. In identifying control  technol-
        ogies, the Secretary and the Administrator shall consider
        the  range  of existing coke  oven  operations  and  battery
        design and the availability of sources of materials for such
        coke ovens as  well  as  alternatives to existing coke oven
        production design.
          (B) The Secretary and the Administrator are authorized
        to enter into agreements with persons who propose to de-
        velop, install and operate coke production emission control
        technologies which have the potential for significant emis-
        sions reductions of hazardous air pollutants provided that
        Federal funds shall not exceed 50 per centum of the cost of
        any project assisted pursuant to this paragraph.
          (C) The Secretary shall prepare  annual reports to Con-
        gress on the status of the  research program and at the
        completion of the study shall  make recommendations to
        the Administrator identifying practicable and economical-
        ly viable control technologies for coke oven production fa-
        cilities to reduce residual risks remaining after implemen-
        tation of the standard under subsection (d).
          (D) There are  authorized to  be  appropriated $5,000,000
        for each of the fiscal years 1992 through 1997 to carry out
        the program authorized by this paragraph.
      (3) PUBLICLY  OWNED TREATMENT WORKS.—The Administrator
   may conduct, in cooperation with the owners  and operators of
   publicly owned treatment works, studies to characterize emis-
   sions of hazardous  air pollutants emitted by such facilities, to
   identify  industrial,  commercial and residential discharges that
   contribute to such emissions and to demonstrate control meas-
   ures for  such  emissions.  When promulgating any standard
   under this section  applicable  to  publicly owned  treatment
   works, the  Administrator may provide for control measures
   that include pretreatment of discharges causing  emissions of

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81
CLEAN AIR ACT
Sec. 112
    hazardous air pollutants and process or product substitutions
    or limitations that may be effective in reducing such emissions.
    The Administrator may prescribe uniform sampling, modeling
    and risk assessment methods for use in implementing this sub-
    section.
      (4) OIL AND GAS WELLS; PIPELINE FACILITIES.—
          (A)  Notwithstanding  the provisions  of subsection  (a),
        emissions  from any oil or gas exploration or  production
        well (with  its associated equipment) and emissions from
        any pipeline  compressor or pump station shall not be ag-
        gregated with emissions from other similar units, whether
        or not  such  units  are in  a contiguous area or under
        common control, to determine whether  such units or sta-
        tions are major sources, and in the case of any oil or gas
        exploration or production well (with its associated equip-
        ment), such emissions shall not be aggregated for any pur-
        pose under this section.
          (B) The Administrator shall not list oil and gas produc-
        tion  wells  (with  its  associated equipment) as  an area
        source category under subsection (c), except that  the Ad-
        ministrator may establish an area source category for oil
        and gas production  wells located in any metropolitan sta-
        tistical area or consolidated  metropolitan statistical area
        with a population in excess of 1 million, if the Administra-
        tor determines that emissions of hazardous air pollutants
        from such wells present more than a negligible risk of ad-
        verse effects to public health.
      (5) HYDROGEN  SULFIDE.—The  Administrator is  directed  to
    assess  the hazards to public health and the environment re-
    sulting from the emission of hydrogen sulfide associated with
    the extraction of  oil and natural gas resources. To  the extent
    practicable, the assessment shall build upon and not duplicate
    work conducted for an assessment pursuant to section 8002(m)
    of the  Solid  Waste Disposal Act and shall reflect consultation
    with the States. The assessment shall include a review of exist-
    ing State and industry  control standards, techniques  and en-
    forcement.  The Administrator shall  report to the Congress
    within 24 months after the date of enactment of the Clean Air
    Act Amendments  of 1990 with the findings of such assessment,
    together with any recommendations, and shall, as appropriate,
    develop and implement  a control strategy for emissions of hy-
    drogen sulfide to  protect human health and the environment,
    based  on the  findings of such assessment,  using  authorities
    under this Act including sections 111 and this section.
      (6) HYDROFLUORIC ACID.—Not later than  2 years after the
    date of enactment of the Clean Air Act Amendments of 1990,
    the Administrator shall, for those regions of the country which
    do not have  comprehensive health and safety regulations  with
    respect to hydrofluoric acid, complete a study of the potential
    hazards of hydrofluoric  acid and  the uses of hydrofluoric acid
    in industrial and  commercial applications to public  health and
    the environment considering a range of events including worst-

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Sec. 112
CLEAN AIR ACT
82
    case  accidental releases and shall  make  recommendations to
    the Congress for the reduction of such hazards, if appropriate.
      (7) RCRA FACILITIES.—In the case of any category or subcate-
    gory of sources the air emissions of which are regulated under
    subtitle C of the Solid Waste Disposal Act, the Administrator
    shall take into  account any regulations of such emissions
    which are promulgated  under such subtitle  and shall,  to the
    maximum extent practicable and  consistent with  the provi-
    sions of this section, ensure that the requirements of such sub-
    title and this section are consistent.
  (o) NATIONAL ACADEMY OF SCIENCES STUDY.—
      (1)  REQUEST OF THE ACADEMY.—Within 3 months of the date
    of enactment  of the Clean Air Act Amendments of 1990, the
    Administrator  shall enter into appropriate arrangements with
    the National Academy of Sciences to conduct a review  of—
         (A) risk  assessment  methodology used by the  Environ-
       mental Protection Agency to  determine the carcinogenic
       risk associated with exposure  to hazardous  air pollutants
       from  source categories and subcategories subject to the re-
       quirements of this section; and
         (B) improvements in such methodology.
      (2)  ELEMENTS TO BE STUDIED.—In  conducting such review, the
    National  Academy of Sciences should consider, but not be lim-
    ited to, the following—
         (A) the  techniques used for estimating and  describing
       the carcinogenic potency to  humans of hazardous air pol-
       lutants; and
         (B) the techniques used for estimating exposure to haz-
       ardous air pollutants (for hypothetical  and actual  maxi-
       mally exposed individuals as well as other exposed individ-
       uals).
      (3)  OTHER HEALTH EFFECTS OF CONCERN.—To the extent prac-
    ticable, the Academy shall evaluate and report on the method-
    ology for assessing the risk  of adverse human  health effects
    other than cancer  for which safe thresholds of exposure may
    not exist, including, but not limited to, inheritable genetic mu-
    tations, birth defects, and reproductive dysfunctions.
      (4)  REPORT.—A report on the results of such review shall be
    submitted to   the  Senate  Committee on Environment and
    Public Works, the House Committee on Energy and Commerce,
    the Risk Assessment and Management Commission established
    by section 303  of the Clean Air  Act Amendments of 1990 and
    the Administrator  not later than 30 months after the date of
    enactment of the Clean Air Act Amendments of 1990.
      (5)  ASSISTANCE.—The Administrator shall assist the Academy
    in gathering any information the Academy deems necessary to
    carry out this subsection. The Administrator may use any au-
    thority under  this Act to obtain  information  from any person,
    and to require any person  to conduct tests,  keep and produce
    records, and make reports  respecting research or other activi-
    ties conducted by such person as  necessary  to carry out this
    subsection.

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83	CLEAN AIR ACT	Sec. 112

      (6) AUTHORIZATION.—Of the funds authorized to be appropri-
    ated to the Administrator by this Act, such amounts as are re-
    quired shall be available to  carry out this subsection.
      (7) GUIDELINES FOR CARCINOGENIC RISK ASSESSMENT.—The Ad-
    ministrator shall consider,  but need not adopt, the recommen-
    dations  contained  in  the report of the National Academy of
    Sciences prepared pursuant to this subsection and the views of
    the Science Advisory Board, with respect to such report. Prior
    to the promulgation of any standard under subsection (f), and
    after notice and opportunity for comment, the Administrator
    shall publish revised Guidelines for Carcinogenic Risk Assess-
    ment or a detailed explanation  of the reasons  that any recom-
    mendations contained in the report of the National Academy
    of Sciences will  not be implemented.  The publication of such
    revised  Guidelines shall be a final Agency  action for purposes
    of section 307.
  (p) MICKEY LELAND URBAN AIR Toxics RESEARCH  CENTER.—
      (1) ESTABLISHMENT.—The  Administrator shall oversee the es-
    tablishment of a National Urban Air Toxics Research Center,
    to be located at  a university, a hospital, or other facility capa-
    ble of undertaking and maintaining similar research capabili-
    ties in the areas of epidemiology, oncology, toxicology, pulmo-
    nary medicine, pathology, and biostatistics.  The center shall be
    known as the Mickey Leland National Urban Air Toxics Re-
    search Center. The geographic site of the National Urban Air
    Toxics Research Center should be further directed to Harris
    County, Texas, in order to  take full advantage of the well de-
    veloped scientific  community presence on-site  at  the Texas
    Medical Center as well as  the extensive data  previously com-
    piled for the comprehensive monitoring system currently in
    place.
      (2) BOARD OF DIRECTORS.—The National Urban Air Toxics Re-
    search Center shall be governed by a Board of Directors to be
    comprised of 9 members,  the appointment of which shall be al-
    located  pro rata  among the Speaker of the House, the Majority
    Leader  of the Senate and the President. The  members of the
    Board of Directors shall  be selected based  on  their respective
    academic and professional  backgrounds and expertise in mat-
    ters relating to public health, environmental pollution and in-
    dustrial hygiene. The duties of the Board of Directors shall be
    to determine policy and research guidelines, submit views from
    center sponsors  and the public and issue  periodic reports of
    center findings and activities.
      (3) SCIENTIFIC ADVISORY PANEL.—The Board of Directors shall
    be advised by a  Scientific Advisory Panel, the 13 members of
    which shall be appointed by the Board, and to  include eminent
    members of the  scientific and medical communities. The Panel
    membership may  include  scientists with relevant  experience
    from the National Institute of Environmental  Health Sciences,
    the Center for Disease Control, the Environmental Protection
    Agency, the  National Cancer Institute, and  others, and the
    Panel shall conduct peer review and evaluate  research results.
    The Panel shall assist the Board  in  developing the research

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Sec. 112
CLEAN AIR ACT
84
    agenda, reviewing proposals and  applications, and advise on
    the awarding of research grants.
      (4) FUNDING.—The center shall be  established  and funded
    with both Federal and private source funds.
  (q) SAVINGS PROVISION.—
      (1) STANDARDS  PREVIOUSLY  PROMULGATED.—Any  standard
    under this section in effect before the date of enactment of the
    Clean Air Act Amendments of 1990 shall remain in force and
    effect after such date  unless modified as provided in this sec-
    tion before the date of enactment of such Amendments or
    under such Amendments. Except as provided in paragraph (4),
    any standard under this section which has been promulgated,
    but has not taken effect, before such date shall not be affected
    by such Amendments  unless modified as provided in this sec-
    tion before such date or under such Amendments. Each such
    standard shall  be reviewed and, if  appropriate, revised, to
    comply  with the requirements of subsection (d) within 10 years
    after the date of enactment of the Clean Air Act Amendments
    of 1990. If a timely petition for review  of any such standard
    under section 307 is pending on  such date of enactment, the
    standard shall be  upheld if it complies with this section as in
    effect before that date. If any such standard is remanded to the
    Administrator,  the Administrator may in the Administrator's
    discretion  apply either the  requirements of this section, or
    those of this section as in effect before the date of enactment of
    the Clean Air Act  Amendments of 1990.
     (2) SPECIAL RULE.—Notwithstanding paragraph (1), no stand-
    ard shall be established under this section, as amended by the
    Clean Air Act Amendments of 1990, for radionuclide emissions
    from (A) elemental phosphorous  plants, (B) grate calcination
    elemental  phosphorous plants, (C)  phosphogypsum stacks, or
    (D) any subcategory of the foregoing. This section, as in effect
    prior to the date  of enactment of the Clean Air Act Amend-
    ments of 1990, shall remain  in effect for radionuclide emissions
    from such plants and stacks.
     (3) OTHER CATEGORIES.—Notwithstanding paragraph (1),  this
    section, as in effect prior to the date of enactment of the Clean
    Air Act Amendments of 1990, shall remain in effect for radio-
    nuclide  emissions  from non-Department  of Energy Federal fa-
    cilities  that are not licensed by the Nuclear  Regulatory Com-
    mission, coal-fired utility and industrial boilers, underground
    uranium mines, surface uranium  mines,  and disposal of urani-
    um mill tailings piles, unless the Administrator, in the Admin-
    istrator's discretion, applies  the requirements of this section as
    modified by the Clean  Air  Act Amendments of 1990 to such
    sources  of radionuclides.
     (4) MEDICAL FACILITIES.—Notwithstanding paragraph (1), no
    standard promulgated under this section prior to the date of
    enactment of the Clean Air Act Amendments of 1990 with re-
    spect to medical  research or treatment facilities shall take
    effect for two years following the date of enactment of the
    Clean Air  Act Amendments of 1990, unless the Administrator
    makes  a determination pursuant to a rulemaking under  sec-

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85	CLEAN AIR ACT	Sec. 112

    tion 112(dX9). If the Administrator determines that the regula-
    tory program established by the Nuclear Regulatory Commis-
    sion for such facilities does not provide an ample margin  of
    safety to protect public health, the requirements of section 112
    shall fully apply to such facilities. If the Administrator deter-
    mines  that such  regulatory program does provide  an  ample
    margin of safety to protect the public health,  the  Administra-
    tor is not required to promulgate a standard under this section
    for such facilities, as provided in section 112(dx9).
  (r) PREVENTION OF ACCIDENTAL RELEASES.—
      (1) PURPOSE AND GENERAL DUTY.—It shall be the objective of
    the regulations and programs authorized under this subsection
    to prevent  the  accidental release and  to minimize the conse-
    quences of any such release of any substance listed pursuant to
    paragraph (3) or any other extremely hazardous substance. The
    owners and operators of stationary  sources producing, process-
    ing, handling or storing such substances have a general duty in
    the same manner and to the same  extent as section  654, title
    29 of the United States Code, to identify hazards which may
    result from such releases using appropriate hazard assessment
    techniques, to design and maintain a safe facility  taking such
    steps as are necessary to prevent releases, and to minimize the
    consequences of accidental releases which do occur.  For pur-
    poses of this paragraph, the provisions of section 304  shall not
    be available to  any person or otherwise be construed  to be ap-
    plicable to this  paragraph. Nothing in this section shall be in-
    terpreted, construed, implied or applied to create any liability
    or basis for suit for  compensation for  bodily injury or any
    other  injury or property damages  to any person  which may
    result from accidental releases of such substances.
      (2) DEFINITIONS.—
         (A) The term "accidental release" means an unanticipat-
        ed emission of a  regulated  substance or other extremely
        hazardous substance into the ambient air from  a station-
        ary source.
         (B) The term "regulated substance" means  a  substance
        listed under paragraph (3).
         (C) The term "stationary  source"  means any  buildings,
        structures,  equipment, installations or substance emitting
        stationary activities (i) which belong to the same  industrial
        group,  (ii) which  are located on one or more contiguous
        properties,  (iii) which are under the control of the same
        person (or  persons under  common control), and  (iv) from
        which an accidental release may occur.
      (3) LIST OF SUBSTANCES.—The Administrator shall promul-
    gate  not later than 24 months  after enactment of the Clean
    Air Act Amendments of 1990 an initial  list of 100 substances
    which,  in the case of an accidental release, are known to cause
    or may reasonably be anticipated to cause death, injury, or se-
    rious adverse effects to human health or the environment. For
    purposes of promulgating such list, the Administrator shall
    use, but is not  limited to, the list of extremely hazardous sub-
    stances published under the Emergency Planning and Commu-

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Sec. 112
CLEAN AIR ACT
86
    nity Right-to-Know Act of 1986, with such modifications as the
    Administrator deems appropriate. The initial list shall include
    chlorine, anhydrous ammonia, methyl chloride, ethylene oxide,
    vinyl chloride, methyl isocyanate, hydrogen cyanide, ammonia,
    hydrogen sulfide, toluene diisocyanate, phosgene, bromine, an-
    hydrous  hydrogen  chloride,  hydrogen  fluoride,  anhydrous
    sulfur dioxide, and sulfur trioxide. The initial list shall include
    at least 100 substances which pose the greatest risk of causing
    death, injury, or serious adverse effects to human health or the
    environment from accidental releases, Regulations establishing
    the list shall include an explanation of the basis for establish-
    ing the list. The list may be revised from time to time by the
    Administrator on the Administrator's own motion or by peti-
    tion and shall be reviewed at least every 5 years. No air pollut-
    ant for which a national primary ambient air quality standard
    has been established shall be included on any such list. No sub-
    stance, practice, process, or activity regulated under title VI
    shall be subject to regulations under this subsection. The Ad-
    ministrator shall establish procedures for the addition and de-
    letion of substances from the list established under this para-
    graph consistent with those applicable to the list in subsection
    (b).
     (4)  FACTORS TO BE CONSIDERED.—In listing substances under
    paragraph (3), the Administrator shall consider each of the fol-
    lowing criteria—
          (A) the severity of any acute adverse health effects asso-
       ciated with accidental releases of the substance;
          (B) the likelihood of accidental releases of the substance;
       and
          (C) the potential magnitude of human exposure to acci-
       dental releases of the substance.
     (5)  THRESHOLD QUANTITY.—At the time  any substance  is
    listed pursuant to paragraph (3), the Administrator shall estab-
    lish by rule, a threshold quantity for the substance, taking into
    account the  toxicity, reactivity,  volatility,  dispersibility, com-
    bustibility, or flammability of the substance and the amount  of
    the substance  which,  as a result of an accidental release,  is
    known to cause or may reasonably be  anticipated to cause
    death, injury or serious adverse effects to human health for
    which the substance  was listed.  The Administrator is author-
    ized to establish a greater threshold quantity for, or to exempt
    entirely, any substance that is a nutrient used  in agriculture
    when held by a farmer.
     (6) CHEMICAL SAFETY BOARD.—
          (A) There is hereby  established  an  independent safety
       board to be known as the Chemical Safety and Hazard In-
       vestigation Board.
          (B) The  Board shall  consist of 5 members,  including a
       Chairperson, who shall be appointed by the President, by
       and with the advice and consent of the Senate. Members  of
       the  Board shall  be appointed  on  the basis of technical
       qualification, professional  standing,   and   demonstrated
       knowledge in the fields of accident reconstruction, safety

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87	CLEAN AIR ACT	Sec. 112

        engineering,  human  factors,  toxicology,  or air pollution
        regulation. The terras of office of members of the Board
        shall be 5 years. Any member of the Board, including the
        Chairperson,  may be removed for inefficiency, neglect of
        duty,  or  malfeasance in office. The Chairperson  shall be
        the Chief Executive Officer of the Board and shall exercise
        the executive and administrative functions of the Board.
          (C) The Board shall—
              (i)  investigate (or cause to be investigated), deter-
            mine and report to the public in writing the facts, con-
            ditions, and circumstances and the cause or probable
            cause of any accidental release resulting in a fatality,
            serious injury or substantial property damages;
              (ii) issue periodic reports to the  Congress,  Federal,
            State and local agencies, including the Environmental
            Protection  Agency  and the Occupational  Safety and
            Health Administration, concerned  with the safety of
            chemical production, processing, handling and storage,
            and other interested persons recommending measures
            to reduce the likelihood or the consequences of acci-
            dental releases and proposing corrective steps  to make
            chemical production, processing, handling and storage
            as safe and free from risk of injury as is possible and
            may  include in such reports proposed rules or orders
            which should  be issued by the Administrator  under
            the authority of this section or the Secretary of Labor
            under the Occupational Safety and  Health Act to pre-
            vent  or minimize the consequences of  any release of
            substances  that may cause death, injury or other seri-
            ous adverse effects on  human health  or substantial
            property damage as the result of an accidental release;
            and
              (iii) establish by regulation requirements binding on
            persons for reporting accidental releases into the am-
            bient air subject to the Board's investigatory  jurisdic-
            tion.  Reporting  releases  to the National Response
            Center, in lieu of the Board directly, shall satisfy such
            regulations.  The  National  Response   Center  shall
            promptly notify  the Board of any releases which are
            within the  Board's jurisdiction.
          (D) The Board may utilize the expertise and experience
        of other agencies.
          (E) The Board shall coordinate its activities with investi-
        gations and studies conducted by other agencies of the
        United States  having a  responsibility to  protect  public
        health and safety. The Board  shall enter  into a memoran-
        dum of understanding with the National Transportation
        Safety Board to assure coordination of functions and to
        limit  duplication of activities which shall  designate the
        National  Transportation Safety Board as the lead agency
        for  the investigation of releases which  are transportation
        related. The Board shall not  be authorized  to investigate
        marine oil  spills,  which  the National Transportation

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Sec. 112
CLEAN AIR ACT
        Safety Board is authorized to investigate. The Board shall
        enter into a memorandum of understanding with the Oc-
        cupational Safety and Health Administration so as to limit
        duplication of activities. In no event shall the Board forego
        an investigation where an accidental release causes a fa-
        tality or serious injury among the general  public, or had
        the  potential to cause substantial property damage  or  a
        number of deaths or injuries  among the general public.
         (F) The  Board is authorized to conduct research and
        studies  with respect to the  potential  for  accidental re-
        leases, whether or not an accidental release has occurred,
        where there is evidence which indicates the presence of a
        potential hazard or hazards. To the extent practicable, the
        Board shall conduct such studies in cooperation with other
        Federal agencies having emergency response authorities,
        State and  local governmental agencies  and associations
        and  organizations  from  the industrial, commercial, and
        nonprofit sectors.
         (G) No part of the conclusions, findings, or recommenda-
        tions of the Board relating to any accidental release or the
        investigation thereof shall be admitted as evidence or used
        in any action or suit for damages arising out of any matter
        mentioned in such report.
         (H) Not  later than 18 months after  the  date of enact-
        ment of the Clean Air Act Amendments of 1990, the Board
        shall publish a report accompanied by recommendations to
        the Administrator on the use of hazard assessments in pre-
        venting the occurrence and  minimizing the consequences
        of accidental releases of extremely hazardous substances.
        The  recommendations shall include a list of extremely haz-
        ardous substances which are not regulated substances (in-
        cluding threshold quantities for such substances) and cate-
        gories of stationary sources for which hazard assessments
        would be an appropriate measure  to aid in the prevention
        of accidental releases and to  minimize the consequences of
        those releases  that do occur. The recommendations shall
        also  include a description of the information and analysis
        which would be appropriate  to include in any hazard as-
        sessment. The  Board shall  also  make  recommendations
        with respect to the role  of risk management plans as re-
        quired by  paragraph (8)(B)  in preventing  accidental re-
        leases. The Board may from time to time review and revise
        its recommendations under this subparagraph.
         (I) Whenever the  Board submits  a recommendation  with
        respect to accidental releases to the Administrator, the Ad-
        ministrator shall respond to such recommendation formal-
        ly and in  writing  not later than  180  days after receipt
        thereof. The response to the  Board's recommendation by
        the Administrator shall indicate whether the Administra-
        tor will—
             (i) initiate a rulemaking or issue  such orders as are
           necessary to implement the recommendation in full or

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89
CLEAN AIR ACT
Sec. 112
            in part, pursuant to any timetable contained in  the
            recommendation;
             (ii) decline to initiate a rulemaking or issue orders
            as recommended.
        Any determination by the Administrator not to implement
        a recommendation  of the Board or to implement a recom-
        mendation only in  part, including any variation from  the
        schedule  contained  in the recommendation, shall be  ac-
        companied by a statement from the Administrator setting
        forth the reasons for such determination.
          (J) The Board may make recommendations with respect
        to accidental releases to the Secretary of Labor. Whenever
        the  Board submits  such  recommendation,  the  Secretary
        shall respond  to such  recommendation formally  and in
        writing not later than 180 days after receipt thereof. The
        response  to the Board's recommendation by the Adminis-
        trator shall indicate whether the Secretary will—
             (i) initiate a rulemaking or issue such orders as  are
            necessary to implement the recommendation in full or
            in part, pursuant to  any timetable contained in  the
            recommendation;
             (ii) decline to initiate a rulemaking or issue orders
            as recommended.
        Any determination by the Secretary not to implement a
        recommendation or to implement  a recommendation only
        in part,  including  any variation  from  the schedule con-
        tained in the recommendation, shall be accompanied by a
        statement from the Secretary setting forth the reasons  for
        such determination.
          (K) Within 2 years after enactment of the Clean  Air Act
        Amendments of 1990, the Board shall issue a report to  the
        Administrator  of the Environmental  Protection  Agency
        and  to the Administrator of the Occupational Safety and
        Health Administration recommending the adoption of reg-
        ulations for the preparation of risk management plans and
        general requirements for  the prevention of accidental  re-
        leases of regulated substances into the ambient air (includ-
        ing  recommendations  for listing substances under para-
        graph (3)) and  for the mitigation of the potential  adverse
        effect on  human health or the environment as  a result of
        accidental releases  which should be applicable to any sta-
        tionary source  handling any regulated substance in more
        than threshold amounts. The Board may include proposed
        rules or orders which should be issued by the Administra-
        tor under authority of this subsection or by the Secretary
        of Labor  under the Occupational  Safety and Health Act.
        Any  such recommendations shall be  specific and shall
        identify the regulated substance or class of regulated sub-
        stances (or  other substances)  to  which the recommenda-
       "tions apply. The Administrator shall consider such recom-
        mendations before  promulgating regulations required by
        paragraph (7XB).

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Sec. 112
CLEAN AIR ACT
90
          {D The Board, or  upon authority of the Board,  any
        member thereof, any administrative law judge employed
        by or assigned  to the Board, or any officer or employee
        duly designated by the Board, may for the purpose of car-
        rying out duties authorized by subparagraph (C)—
             (i) hold such hearings, sit and act at such times and
            places, administer such oaths, and require by subpoe-
            na or otherwise attendance  and  testimony of such wit-
            nesses and the production of evidence and may require
            by  order  that any person engaged in the production,
            processing, handling, or storage of extremely hazard-
            ous substances submit written  reports and responses
            to  requests and questions  within such time and in
            such form as the Board may require; and
             (ii)  upon  presenting appropriate credentials and a
            written notice of inspection  authority, enter any prop-
            erty where an accidental release causing a fatality, se-
            rious injury or substantial  property damage has oc-
            curred and do all things therein  necessary for a proper
            investigation pursuant  to subparagraph (C)  and in-
            spect at reasonable  times records, files, papers, proc-
            esses, controls, and facilities and take such samples as
            are relevant to such  investigation.
        Whenever the Administrator or the  Board conducts an in-
        spection of a  facility pursuant to this subsection,  employ-
        ees and their  representatives shall have the same rights to
        participate in such inspections as provided in the  Occupa-
        tional Safety and Health Act.
         (M) In addition to that described in subparagraph (D,
        the Board  may use any information  gathering authority of
        the Administrator under this Act, including the subpoena
        power provided in section 307(aXD of this Act.
         (N) The Board is authorized to establish such procedural
        and administrative rules as are necessary to the exercise
        of its functions and duties. The Board is authorized with-
        out regard to section 5 of title 41 of the United States Code
        to enter into  contracts,  leases, cooperative agreements or
        other transactions as may be necessary  in the conduct of
        the  duties and functions of the  Board with any  other
        agency, institution, or person.
         (O) After the effective date of any  reporting requirement
        promulgated pursuant to subparagraph  (CXiii) it shall be
        unlawful for any person to fail to report any release of any
        extremely  hazardous substance  as required  by such  sub-
        paragraph. The Administrator is authorized to enforce any
        regulation or  requirements established by the Board  pur-
        suant to subparagraph (CXiii) using  the authorities of sec-
        tions 113  and 114.  Any  request for  information from the
        owner  or  operator of a stationary  source made by the
        Board or by the Administrator under this section shall be
        treated, for purposes of sections  113,  114, 116, 120, 303, 304
        and 307 and any other enforcement  provisions of this  Act,
        as a request made by the Administrator  under section 114

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91
CLEAN AIR ACT
Sec. 112
        and may be enforced by the Chairperson of the Board or
        by the Administrator as provided in such section.
          (P) The Administrator shall provide to the Board such
        support and facilities as may be necessary for operation of
        the Board.
          (Q) Consistent with subsection (G) and section 114(c) any
        records, reports or information obtained by the Board shall
        be available to the Administrator, the Secretary of Labor,
        the Congress and the public,  except that upon  a showing
        satisfactory to the Board by any person that records, re-
        ports, or  information,  or particular  part  thereof (other
        than release or emissions data) to which the  Board has
        access, if made public,  is likely to cause substantial harm
        to the person's competitive position, the Board shall con-
        sider such record, report, or information or particular por-
        tion thereof confidential in accordance with section 1905 of
        title 18 of the United States Code, except that such record,
        report, or information  may be disclosed to other officers,
        employees, and authorized representatives  of the United
        States concerned with carrying out this Act or when rele-
        vant under any proceeding under this Act. This subpara-
        graph does not constitute authority  to withhold records,
        reports, or information  from the Congress.
          (R)  Whenever  the   Board  submits  or  transmits  any
        budget estimate, budget request, supplemental  budget re-
        quest, or other budget  information, legislative recommen-
        dation, prepared testimony for congressional hearings, rec-
        ommendation or study to  the President, the Secretary of
        Labor, the Administrator, or  the Director of the Office of
        Management and Budget, it shall concurrently transmit a
        copy thereof to the Congress.  No report of the Board shall
        be subject to review by the Administrator or any Federal
        agency or to judicial  review  in any court. No officer or
        agency of the United States shall have authority to require
        the Board to submit its budget requests or estimates,  legis-
        lative recommendations, prepared testimony,  comments,
        recommendations or reports to any officer or agency of the
        United States for approval or review prior  to the submis-
        sion of such recommendations, testimony, comments or re-
        ports  to the Congress.  In the performance of their  func-
        tions as established by  this Act, the members, officers and
        employees of the Board shall  not be responsible to or sub-
        ject to supervision or direction, in carrying  out  any duties
        under this subsection, of any  officer or employee or agent
        of the Environmental Protection Agency, the Department
        of Labor or  any other  agency of the United States except
        that the President may remove any member, officer or em-
        ployee of the Board for inefficiency, neglect of duty or mal-
        feasance in office.  Nothing in this section shall affect the
        application of title 5, United States Code to officers or em-
        ployees of the Board.
          (S)  The Board  shall submit an annual report to the
        President and to the Congress which shall include, but not

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Sec. 112
CLEAN AIR ACT
92
        be limited to,  information  on accidental  releases which
        have been investigated by or reported to the Board during
        the previous  year, recommendations for legislative or ad-
        ministrative action which the Board has made, the actions
        which have been taken by the Administrator or the Secre-
        tary of Labor or the heads of other agencies to implement
        such recommendations, an identification of priorities for
        study and investigation in the succeeding year, progress in
        the development of risk-reduction technologies and the re-
        sponse to and implementation of significant research  find-
        ings on chemical safety in the public and private sector.
      (7) ACCIDENT PREVENTION.—
          (A) In order to prevent accidental releases  of regulated
        substances, the Administrator is authorized to promulgate
        release prevention, detection, and correction requirements
        which may include monitoring,  record-keeping, reporting,
        training, vapor recovery, secondary   containment,  and
        other design, equipment,  work  practice, and operational
        requirements.  Regulations promulgated under this para-
        graph may make distinctions between various types, class-
        es, and kinds of facilities, devices and systems taking into
        consideration factors including, but not limited to, the size,
        location, process,  process  controls, quantity of substances
        handled, potency  of substances,  and response capabilities
        present at any stationary source. Regulations promulgated
        pursuant to this subparagraph shall have an effective date,
        as determined by the Administrator, assuring compliance
        as expeditiously as practicable.
          (BXi) Within 3 years after the date of enactment of the
        Clean  Air Act  Amendments of 1990, the  Administrator
        shall promulgate  reasonable  regulations and  appropriate
        guidance to provide,  to the greatest extent  practicable, for
        the prevention and detection of accidental releases of regu-
        lated substances and for  response to such  releases by the
        owners or operators of the sources of such releases.  The
        Administrator shall utilize the expertise of the Secretaries
        of Transportation and Labor in promulgating such regula-
        tions. As appropriate, such regulations shall cover the use,
        operation,  repair,  replacement, and maintenance of equip-
        ment to  monitor, detect, inspect,  and control such releases,
        including training of persons in  the use and maintenance
        of such equipment and in the conduct  of periodic inspec-
        tions. The regulations shall include procedures and meas-
        ures for  emergency  response after an accidental release of
        a  regulated substance  in  order  to  protect  human  health
        and the  environment. The regulations shall cover storage,
        as well as operations. The regulations shall, as appropri-
        ate, recognize differences in  size,  operations, processes,
        class and categories of sources and the voluntary actions of
        such sources to prevent such  releases and respond to  such
        releases. The regulations shall be applicable to a  station-
        ary  source vi  years after  the  date  of promulgation,  or 3
        years  after  the date  on which  a regulated substance

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                 CLEAN AIR ACT                   Sec. 112
present at the  source in more than threshold amounts is
first listed under paragraph (3), whichever is later.
  (ii) The regulations  under this subparagraph shall  re-
quire the  owner or operator of stationary sources at which
a regulated substance is present in more than a threshold
quantity to prepare and  implement a  risk management
plan to detect and prevent or minimize accidental releases
of such substances from the stationary source, and to pro-
vide a prompt emergency  response to any such releases in
order to protect human health and the environment. Such
plan shall provide for compliance with the requirements of
this subsection  and shall also include each of the following:
      (I) a hazard assessment to assess the  potential  ef-
    fects  of an accidental release of any regulated sub-
    stance. This assessment  shall include an  estimate of
    potential release quantities  and  a determination of
    downwind  effects, including potential exposures to af-
    fected populations. Such  assessment shall include a
    previous  release history of the past 5 years, including
    the size,  concentration, and duration of releases,  and
    shall include an  evaluation of worst case accidental re-
    leases;
      (II)  a program for preventing accidental releases of
    regulated substances,  including safety precautions  and
    maintenance, monitoring and employee training meas-
    ures to be used at the source; and
      (III) a  response  program providing  for specific  ac-
    tions  to be taken in response to an accidental release
    of a regulated substance so as to protect human health
    and the environment, including procedures for inform-
    ing the public and local  agencies responsible for  re-
    sponding  to accidental  releases,  emergency health
    care, and employee training measures.
At the time regulations are  promulgated under this sub-
paragraph, the Administrator shall promulgate guidelines
to assist stationary sources in the preparation of risk man-
agement plans. The  guidelines shall, to the extent practi-
cable, include model  risk management plans.
  (iii) The owner or operator of each stationary source  cov-
ered by clause (ii) shall register  a risk management plan
prepared under this  subparagraph with the Administrator
before the effective date of regulations under clause (i) in
such form and  manner as the Administrator shall, by rule,
require. Plans  prepared  pursuant to  this subparagraph
shall also be submitted  to the Chemical Safety and Hazard
Investigation Board, to the State  in which the stationary
source is located, and to any local agency or entity having
responsibility for planning for or responding to accidental
releases which may occur at such source,  and  shall be
available  to the public  under section 114(c). The Adminis-
trator shall establish, by rule, an auditing system to regu-
larly review and, if necessary,  require revision  in  risk
management plans to  assure that the plans  comply with

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Sec. 112
CLEAN AIR ACT
94
        this subparagraph. Each such plan shall be updated peri-
        odically as required by the Administrator, by rule.
          (C) Any regulations promulgated pursuant to this sub-
        section shall to the maximum extent practicable, consist-
        ent with this subsection, be consistent with the recommen-
        dations and standards established by the American Society
        of Mechanical Engineers (ASME),  the American National
        Standards Institute (ANSI) or the American  Society  of
        Testing  Materials (ASTM). The  Administrator  shall take
        into consideration the concerns  of small business in pro-
        mulgating regulations under this subsection.
          (D) In carrying out the authority of this paragraph, the
        Administrator shall consult with the Secretary of Labor
        and the Secretary of Transportation and shall  coordinate
        any requirements under this paragraph with any require-
        ments established for comparable purposes by the Occupa-
        tional Safety  and Health Administration  or the Depart-
        ment of Transportation.  Nothing in this subsection shall
        be interpreted, construed or applied to  impose require-
        ments affecting, or to grant the Administrator, the Chemi-
        cal Safety and Hazard Investigation Board, or any other
        agency any authority to  regulate (including requirements
        for hazard assessment), the  accidental release of radionu-
        clides arising from the construction and operation of facili-
        ties licensed by the Nuclear Regulatory Commission.
          (E) After the effective date of any regulation or require-
        ment imposed under this subsection, it  shall be unlawful
        for any person to operate any stationary source subject  to
        such  regulation or requirement in violation of such regula-
        tion  or requirement.  Each regulation or  requirement
        under this subsection shall  for  purposes  of sections 113,
        114, 116, 120, 304,  and 307  and  other enforcement provi-
        sions of this Act, be treated as a standard  in effect under
        subsection (d).
          (F) Notwithstanding the provisions of title V or this sec-
        tion,  no stationary source shall be required to apply for,  or
        operate  pursuant to,  a  permit  issued  under  such title
        solely because such source is subject to  regulations or  re-
        quirements under this subsection.
          (G) In exercising any  authority under  this subsection,
        the  Administrator  shall not,  for  purposes of section
        653(bXD of title 29 of the  United States Code, be deemed to
        be exercising  statutory authority to prescribe  or enforce
        standards or regulations  affecting occupational safety and
        health.
      (8) RESEARCH ON HAZARD ASSESSMENTS.—The Administrator
    may collect and publish information on accident scenarios and
    consequences covering a range of possible events for substances
    listed  under paragraph (3). The Administrator shall establish a
    program  of long-term  research to develop and disseminate  in-
    formation on methods  and techniques for hazard assessment
    which may be useful  in  improving and validating  the  proce-

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95	CLEAN AIR ACT	Sec. 112

    dures employed  in  the preparation  of  hazard assessments
    under this subsection.
      (9) ORDER AUTHORITY.—
          (A) In addition to any other action taken, when the Ad-
        ministrator determines that  there may  be an imminent
        and substantial  endangerment to the human health or
        welfare or the environment because of an actual or threat-
        ened accidental  release of a regulated substance, the Ad-
        ministrator may secure such relief as  may be necessary to
        abate such danger or threat,  and the  district court of the
        United States in the district in which the threat  occurs
        shall have jurisdiction to grant such relief as the public in-
        terest and the equities of the case may  require. The Ad-
        ministrator may also,  after notice to the State in  which
        the  stationary source is located, take other action  under
        this paragraph including, but not limited to, issuing such
        orders as may be necessary to protect human health. The
        Administrator shall take action  under section 303  rather
        than this paragraph whenever the authority of such sec-
        tion is adequate  to protect human health and the environ-
        ment.
          (B) Orders issued pursuant to this paragraph may be en-
        forced in  an action brought  in the  appropriate  United
        States district court as  if the order were issued under sec-
        tion 303.
          (C) Within  180 days  after enactment of  the  Clean Air
        Act  Amendments of 1990, the Administrator shall publish
        guidance for using the order authorities established by this
        paragraph. Such guidance shall provide for the coordinat-
        ed use of the authorities of  this paragraph  with other
        emergency  powers authorized  by section  106 of the Com-
        prehensive Environmental  Response, Compensation and
        Liability Act, sections  311(c),  308, 309 and 504(a)  of the
        Federal Water Pollution Control Act, sections 3007, 3008,
        3013, and  7003  of the  Solid Waste Disposal Act,  sections
        1445 and 1431 of the Safe Drinking Water  Act, sections 5
        and 7 of the Toxic Substances Control Act, and  sections
        113, 114, and 303 of this Act.
      (10) PRESIDENTIAL  REVIEW.—The President shall  conduct a
    review of release prevention, mitigation and response authori-
    ties of the various Federal agencies  and shall  clarify and  co-
    ordinate agency responsibilities to assure the  most effective
    and efficient implementation of such authorities and to  identi-
    fy any deficiencies in authority or resources which may exist.
    The President  may utilize the resources and solicit the recom-
    mendations of the Chemical Safety and Hazard Investigation
    Board in conducting such  review. At  the conclusion of such
    review, but not later than  24 months after the date of enact-
    ment of the Clean Air Act Amendments of 1990, the President
    shall transmit a message to the Congress on the release pre-
    vention,  mitigation and  response activities of the Federal Gov-
    ernment making such recommendations for change in law as
    the  President  may  deem appropriate. Nothing in  this para-

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Sec. 113
CLEAN AIR ACT
96
    graph shall be interpreted, construed or applied to authorize
    the President to modify or reassign release prevention, mitiga-
    tion or response authorities otherwise established by law.
      (11) STATE AUTHORITY.—Nothing in this subsection shall pre-
    clude, deny or limit any right of a State or political  subdivision
    thereof to adopt or enforce  any regulation, requirement, limita-
    tion or standard (including  any procedural requirement) that is
    more  stringent than  a regulation,  requirement, limitation or
    standard in effect under this subsection or that applies to  a
    substance not subject  to this subsection.
  (s) PERIODIC REPORT.—Not Later than January 15, 1993 and every
3 years thereafter, the Administrator shall prepare and  transmit to
the Congress a comprehensive report on the measures taken by the
Agency and by the States to implement the provisions  of this sec-
tion. The  Administrator  shall  maintain a database on pollutants
and sources subject to the provisions of this section and shall in-
clude aggregate information from the  database  in each annual
report. The report shall include, but not be limited to—
      (1) a status  report on standard-setting under subsections (d)
    and (f);
      (2) information  with respect to compliance with such stand-
    ards including the costs of compliance experienced by sources
    in various categories and subcategories;
      (3) development and implementation of the national urban
    air toxics program; and
      (4) recommendations of the Chemical Safety and  Hazard In-
    vestigation Board with respect to the prevention and mitiga-
    tion of accidental  releases.
[42 U.S.C. 7412]
SEC. 113. FEDERAL ENFORCEMENT.
  (a) IN GENERAL.—
      (1) ORDER TO COMPLY WITH SIP.—Whenever, on the basis of
    any information available to the Administrator, the Adminis-
    trator finds that  any  person has violated or is  in violation of
    any requirement  or prohibition  of an applicable implementa-
    tion plan or permit, the Administrator shall notify the person
    and the State in which the  plan applies of such finding. At any
    time  after the expiration  of 30 days following the date on
    which such notice of a violation is  issued, the  Administrator
    may,  without regard  to the period of violation (subject to sec-
    tion 2462 of title 28 of the United States Code)—
          (A) issue an order requiring such person to comply with
        the requirements  or prohibitions of such plan or permit,
          (B) issue an administrative penalty order in  accordance
        with subsection (d), or
          (C) bring a  civil action in accordance with subsection (b).
      (2)  STATE FAILURE  TO  ENFORCE SIP OR PERMIT PROGRAM.—
    Whenever, on the basis of information available to  the Admin-
    istrator,  the Administrator finds that violations of  an  applica-
    ble implementation plan or an approved permit program under
    title V are so widespread that such violations appear to result
    from  a failure of the State in which the plan or permit pro-
    gram  applies to enforce the plan or permit program effectively,

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97	CLEAN AIR ACT	Sec. 113

    the Administrator shall so notify the State.  In the case  of a
    permit program,  the  notice shall be made in accordance with
    title V. If the Administrator finds such failure extends beyond
    the 30th day after such  notice (90 days in the case of such
    permit program), the Administrator shall give public notice of
    such finding. During the period beginning with such  public
    notice and ending when such State satisfies the Administrator
    that it will enforce such plan or permit program (hereafter re-
    ferred to  in  this section  as "period of federally assumed en-
    forcement"),  the  Administrator may enforce any requirement
    or prohibition of such plan or permit program with respect to
    any person by—
          (A)  issuing an order requiring  such person  to comply
        with such requirement or prohibition,
          (B)  issuing an  administrative penalty  order  in accord-
        ance with subsection (d), or
          (C) bringing a civil  action in  accordance with  subsection
        (b).
      (3) EPA ENFORCEMENT OF OTHER  REQUIREMENTS.—Except for
    a requirement or prohibition enforceable under the preceding
    provisions of this subsection, whenever, on the basis of any in-
    formation available  to  the Administrator,  the Administrator
    finds that any person has violated, or is in violation of,  any
    other requirement or prohibition of this title, section 303 of
    title III, title IV,  title V, or title VI, including, but not limited
    to,  a requirement  or  prohibition  of  any  rule, plan,  order,
    waiver,  or permit  promulgated,  issued, or  approved  under
    those provisions or titles, or for the  payment of any fee owed to
    the United States under this Act (other than title II), the Ad-
    ministrator may—
         (A) issue an administrative penalty order in accordance
        with subsection (d),
         (B) issue an order requiring such person to comply with
        such requirement or prohibition,
         (C) bring a civil action in accordance with subsection (b)
        or section 305, or
         (D) request the Attorney General to commence a  crimi-
        nal action in  accordance with subsection (c).
      (4) REQUIREMENTS FOR ORDERS.—An order issued under  this
    subsection (other than an order relating to a violation of sec-
    tion  112) shall not take effect  until the person to whom it is
    issued has had an opportunity  to confer with the Administra-
    tor concerning the alleged violation. A copy of any order issued
    under this subsection shall be  sent to the State air pollution
    control agency of any State in which the violation occurs. Any
    order issued under this subsection shall state with reasonable
    specificity  the nature of the violation and  specify a time for
    compliance which the Administrator determines is reasonable,
    taking into account  the seriousness of the violation and  any
    good faith efforts to comply with applicable requirements. In
    any case in which an order under this subsection (or notice to
    a violator under  paragraph (D) is issued  to  a corporation, a
    copy of such order (or notice) shall be issued to appropriate cor-

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 Sec. 113	CLEAN AIR ACT	98

    porate officers. An order issued under this subsection shall re-
    quire the person to whom it was issued to comply with the re-
    quirement as expeditiously  as practicabte,  but in no event
    longer than one year after the date the order was issued, and
    shall be nonrenewable. No order issued under this subsection
    shall prevent the State or  the Administrator from assessing
    any penalties nor otherwise affect or limit the State's or the
    United  States authority to  enforce under other provisions of
    this Act, nor affect any person's obligations to comply with any
    section of this Act or with a term or condition of any permit or
    applicable implementation   plan  promulgated  or approved
    under this Act.
      (5) FAILURE TO COMPLY WITH NEW SOURCE REQUIREMENTS,—
    Whenever, on the basis of any available information, the Ad-
    ministrator finds that a State is not acting in compliance with
    any requirement or  prohibition of the Act relating to the con-
    struction of new sources or the modification of existing sources,
    the Administrator may—
          (A) issue an order prohibiting the construction or modifi-
        cation of any major stationary source in any area to which
        such requirement applies;
          (B)  issue an administrative penalty order in accordance
        with subsection (d), or
          (C) bring a civil action under  subsection (b).
Nothing in this subsection shall preclude the United States  from
commencing a criminal action under section 113(c) at any time for
any such violation.
  (b) CIVIL JUDICIAL  ENFORCEMENT.—The Administrator shall, as
appropriate, in the case of any person that is the owner or operator
of an affected source, a major emitting  facility, or a major station-
ary source, and may, in  the case of any other person, commence a
civil action for a permanent or temporary injunction, or to assess
and recover a civil penalty of not more  than $25,000 per day for
each violation, or both, in any of the following instances:
      (1) Whenever such person has violated, or is in violation of,
    any requirement or prohibition of an applicable implementa-
    tion plan or  permit. Such an action shall be commenced (A)
    during any  period of  federally assumed enforcement, or (B)
    more than 30 days  following the date of the Administrator's
    notification under subsection (aXl) that such person has violat-
    ed, or is in violation  of, such requirement or prohibition.
      (2) Whenever such person has violated, or is in violation of,
    any other requirement or prohibition of this title,  section 303
    of title HI, title IV, title V, or title VI, including, but not limit-
    ed to, a requirement or prohibition of any rule, order, waiver
    or permit promulgated, issued, or approved  under this  Act, or
    for the payment of any fee owed the United States under this
    Act (other than title II).
      (3) Whenever such person attempts to construct or modify a
    major stationary source  in any area with respect  to which a
    finding under subsection (aX5) has been made.
Any action  under this subsection may be brought  in  the district
court of the United States for the district in which the violation is

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99
CLEAN AIR ACT
Sec. 113
alleged to have occurred, or is occurring, or in which the defendant
resides, or where the defendant's principal place of business is lo-
cated, and such court shall have jurisdiction to restrain such viola-
tion, to require compliance, to assess such civil penalty,  to collect
any fees owed the United States under this Act (other than title II)
and any noncompliance assessment and nonpayment penalty owed
under  section  120,  and  to award  any other appropriate relief.
Notice of the commencement of such action shall be given to the
appropriate State air pollution  control  agency. In the case of any
action  brought by  the Administrator under this subsection, the
court may award costs of litigation (including reasonable attorney
and expert witness  fees) to the party or parties against whom such
action  was brought if the court finds that such action was unrea-
sonable.
  (c) CRIMINAL PENALTIES.—(1) Any person who knowingly  violates
any  requirement or prohibition of  an  applicable implementation
plan (during any period of federally assumed enforcement or more
than 30 days after  having been notified under subsection (aXD by
the Administrator that such person is violating  such requirement
or prohibition), any order under subsection (a) of this section, re-
quirement or prohibition of section  lll(e) of this title (relating to
new source performance standards), section 112 of this title, section
114 of this title (relating to inspections, etc.), section 129 of this
title (relating to solid waste combustion), section  165(a) of this title
(relating to preconstruction requirements), an order under section
167 of this title (relating to preconstruction requirements), an order
under section 303 of title  III (relating to emergency orders), section
502(a) or 503(c) of title V (relating to permits), or any requirement
or prohibition of title IV (relating  to acid deposition control), or
title VI (relating to  stratospheric ozone control), including a re-
quirement of any rule, order, waiver, or permit promulgated or ap-
proved under such sections or titles, and including  any require-
ment for the payment of any fee owed the  United States under this
Act (other than title II) shall, upon conviction,  be punished by a
fine  pursuant to title 18 of the United States Code, or by  imprison-
ment for  not to exceed 5 years, or both. If a  conviction of any
person under this paragraph is for a violation committed after a
first conviction of such person under this paragraph, the maximum
punishment shall be doubled with respect to both the fine  and im-
prisonment.
  (2) Any person who knowingly—
      (A) makes any  false  material statement,  representation, or
    certification in, or omits material information  from, or know-
    ingly alters, conceals, or fails to file or maintain any notice, ap-
    plication, record, report, plan, or other document required pur-
    suant to this Act to be  either filed  or maintained (whether
    with respect to the requirements imposed by  the Administrator
    or by a State);
      (B)  fails to notify or report as required under this Act; or
      (C)  falsifies, tampers  with, renders inaccurate, or fails to in-
    stall  any monitoring device or method required to be main-
    tained or followed under this Act

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 Sec. 113
CLEAN AIR ACT
100
 shall, upon conviction, be punished by a fine pursuant to title 18 of
 the United States Code, or by imprisonment for not more than 2
 years, or both. If a conviction of any person under this paragraph
 is for a violation committed after  a first conviction of such person
 under this paragraph, the  maximum punishment shall be doubled
 with respect to both the fine and imprisonment.
  (3)  Any person  who  knowingly fails to pay any fee owed the
 United States under  this title, title III, IV, V,  or VI  shall,  upon
 conviction, be punished by  a fine pursuant to title  18 of the United
 States Code, or by imprisonment for  not more than 1 year, or both.
 If a conviction of any  person under this paragraph  is for a violation
 committed after a first conviction of such person under this  para-
 graph, the maximum  punishment  shall be doubled with respect to
 both the fine and imprisonment.
  (4) Any  person who negligently releases into the  ambient air any
 hazardous air pollutant listed pursuant to section 112 of this Act or
 any  extremely  hazardous  substance  listed  pursuant  to  section
 302(aX2) of the Superfund Amendments and Reauthorization Act of
 1986 (42 U.S.C. 11002(aX2)) that is not  listed in section 112 of this
 Act, and who at the time negligently places another person in im-
 minent danger of death or  serious  bodily injury shall, upon convic-
 tion, be punished by a fine under title 18 of the United States Code,
 or by imprisonment for not more than  1 year, or both. If a convic-
 tion of any person under this  paragraph is for a violation commit-
 ted after a first conviction of such person under this paragraph, the
 maximum punishment shall be doubled with  respect to both the
 fine and imprisonment.
  (5XA) Any  person who knowingly  releases into  the ambient  air
 any hazardous air pollutant listed pursuant to section 112 of this
 Act or any extremely hazardous substance listed pursuant to sec-
 tion 302(aX2) of the Superfund Amendments and  Reauthorization
 Act of 1986 (42 U.S.C. 11002(aX2)) that is not listed  in section 112 of
this Act, and  who  knows at the time  that he thereby places an-
other person  in imminent danger of death or serious bodily injury
shall, upon conviction, be punished by  a fine under title 18 of the
United States Code, or by imprisonment of not more than 15 years,
or both. Any  person committing such violation which is an organi-
zation shall, upon conviction under this paragraph, be subject to a
 fine of not more than $1,000,000 for  each violation. If a conviction
of any person under  this paragraph is for a violation committed
after a first conviction  of  such person  under  this  paragraph, the
 maximum punishment shall be doubled with  respect to both the
 fine and imprisonment. For any air pollutant for which the Admin-
 istrator has set an emissions standard or for any source for which a
 permit has been issued under title V, a release of such pollutant in
 accordance with that  standard or permit shall  not  constitute a vio-
 lation of this paragraph or paragraph (4).
  (B)  In determining whether a defendant who is an individual
 knew that the violation placed another person in imminent danger
 of death or serious bodily injury—
      (i) the defendant is responsible only for actual awareness or
    actual belief possessed;  and

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101	CLEAN AIR ACT	Sec. 113

      (ii) knowledge possessed by a person other than the defend-
    ant, but not by the defendant, may not be attributed to the de-
    fendant;
except that in proving a defendant's possession of actual  knowl-
edge, circumstantial evidence may be used, including evidence that
the defendant took affirmative steps to be shielded from relevant
information.
  (C) It is an affirmative defense to a prosecution that the conduct
charged was freely consented to by the person endangered and that
the danger and conduct  charged were reasonably foreseeable haz-
ards of—
      (i) an occupation, a business, or a profession; or
      (ii) medical treatment or  medical or scientific experimenta-
    tion conducted by professionally approved  methods and such
    other person had been made aware of the risks involved prior
    to giving consent.
The defendant may establish an affirmative defense under this sub-
paragraph by a preponderance of the evidence.
  (D) All general defenses, affirmative defenses, and bars to pros-
ecution that may apply with respect to other Federal  criminal of-
fenses  may apply  under subparagraph (A) of this paragraph  and
shall be determined by the courts of the United States according to
the principles of common  law as  they may  be  interpreted in  the
light of reason and experience. Concepts of justification and excuse
applicable  under this section may be developed in the  light of
reason and experience.
  (E) The term  "organization" means a legal entity, other  than  a
government,  established or organized for any purpose,  and such
term includes a corporation, company, association,  firm, partner-
ship, joint stock company, foundation, institution,  trust, society,
union, or any other association of persons.
  (F) The term "serious  bodily injury" means bodily injury which
involves a substantial risk of death, unconsciousness, extreme phys-
ical  pain,  protracted and obvious disfigurement or protracted  loss
or impairment  of  the function  of a  bodily member,  organ, or
mental faculty.
  (6) For  the purpose of  this  subsection, the term "person" in-
cludes, in addition to the entities referred to in  section 302(e),  any
responsible corporate officer.
  (d) ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES.—(1) The Ad-
ministrator may issue an administrative order against any person
assessing a civil administrative penalty of up to  $25,000, per day of
violation, whenever, on the basis of any available  information, the
Administrator finds that such person—
      (A)  has violated or is violating any requirement or prohibi-
    tion of an applicable implementation  plan (such order shall be
    issued  (i) during any period of federally assumed enforcement,
    or (ii) more than thirty days following the date of the Adminis-
    trator's notification under subsection (aKD of this section  of a
    finding that such  person has violated or is violating such re-
    quirement or prohibition); or
      (B) has violated or is violating any other requirement or  pro-
    hibition of title  I,  III,  IV, V, or VI, including, but not  limited

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 Sec. 113
CLEAN AIR ACT
102
    to, a requirement or  prohibition  of any rule, order, waiver,
    permit, or plan promulgated, issued, or approved under this
    Act, or for the payment of any fee owed the United States
    under this Act (other than title II); or
      (C) attempts to construct or modify a major stationary source
    in any area with respect to which a finding under subsection
    (aX5) of this section has been made.
The Administrator's authority under this paragraph shall be limit-
ed  to  matters where  the total  penalty sought does not  exceed
$200,000 and the first alleged date of violation occurred no more
than 12 months prior to the initiation of the administrative action,
except where the Administrator and the Attorney General jointly
determine  that a matter  involving a larger penalty amount  or
longer period of violation is appropriate for administrative penalty
action. Any such determination  by the Administrator and the At-
torney General shall not be subject to judicial review.
  (2XA) An administrative penalty assessed under paragraph  (1)
shall be assessed by the Administrator by an order made after op-
portunity for a hearing on the record  in accordance  with sections
554 and 556 of title 5 of the United States Code. The Administrator
shall issue reasonable rules for discovery and other procedures for
hearings under this paragraph.  Before issuing such an order, the
Administrator shall give written notice to the person to be assessed
an administrative  penalty  of the Administrator's proposal to issue
such order and provide such person an opportunity to request such
a hearing on the order, within 30 days of the date the notice is re-
ceived by such person.
  (B) The Administrator may compromise, modify,  or remit, with
or without conditions, any administrative penalty  which may  be
imposed under this subsection.
  (3) The Administrator may implement, after consultation  with
the Attorney  General and the States,  a field citation  program
through  regulations establishing appropriate minor violations for
which field citations assessing civil penalties not to exceed $5,000
per day of violation may be issued by  officers or employees desig-
nated by the Administrator. Any person to whom a field citation is
assessed  may, within a reasonable time  as prescribed by the Ad-
ministrator through regulation, elect to pay the penalty assessment
or to request a  hearing on the field citation. If a request for a hear-
ing is not made within  the  time specified  in the regulation, the
penalty assessment in the field citation shall be final. Such hearing
shall not be subject to section 554 or  556 of title 5 of the United
States Code, but shall provide a reasonable opportunity to be heard
and to present evidence.  Payment of a civil penalty required by a
field citation shall not be a defense to further enforcement by the
United States or a State to correct a violation, or to assess the stat-
utory maximum penalty pursuant to other authorities in the Act, if
the violation continues.
  (4) Any person against whom a civil  penalty is assessed under
paragraph (3) of this subsection or to whom an administrative pen-
alty order is issued under paragraph (1) of this subsection may seek
review of such assessment in the United States District Court for
the District of Columbia or for the district in which the violation is

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 103
CLEAN AIR ACT
Sec. 113
alleged to have occurred,  in which such person resides, or where
such person's principal place  of business is located, by  filing  in
such court within 30 days following  the date  the administrative
penalty order becomes final under paragraph (2), the assessment
becomes final under paragraph (3), or a  final decision following a
hearing  under paragraph  (3) is rendered, and  by simultaneously
sending a  copy of the filing by certified  mail to the Administrator
and the Attorney General. Within 30 days thereafter, the Adminis-
trator shall file in such court a certified  copy, or certified index, as
appropriate, of  the record on  which the administrative penalty
order or assessment was issued. Such court shall not set aside or
remand such order or assessment  unless there is not substantial
evidence in the record, taken as a whole, to  support the finding  of
a violation or unless the order or penalty assessment constitutes an
abuse of discretion. Such order or penalty assessment shall not be
subject to review by  any  court except  as provided  in  this para-
graph. In any such proceedings, the United States may seek to re-
cover civil penalties ordered or assessed under this section.
  (5) If any person fails to pay an assessment of a civil penalty or
fails to comply with an administrative penalty order—
      (A) after the order or assessment has become final, or
      (B) after a court in  an action brought under paragraph (4)
    has entered a final judgment in favor of the  Administrator,
the Administrator shall request the Attorney General to bring a
civil action in an appropriate district court to enforce the order or
to recover the amount ordered or  assessed (plus  interest at rates
established pursuant to  section 6621(aK2) of the Internal Revenue
Code of 1986 from the date of the final order or decision or the date
of the final judgment, as the case may be). In such an action, the
validity,  amount, and  appropriateness of such order or assessment
shall not be subject to review. Any person who fails to  pay on a
timely basis a civil penalty ordered or assessed under this section
shall be  required to pay, in addition to such  penalty and  interest,
the United States enforcement expenses,  including but not limited
to attorneys fees and costs  incurred by the United States for collec-
tion proceedings and a quarterly  nonpayment  penalty  for each
quarter during which such failure to pay persists. Such nonpay-
ment penalty shall be 10 percent of the  aggregate amount of such
person's  outstanding penalties  and nonpayment penalties accrued
as of the beginning of such quarter.
  (e)  PENALTY  ASSESSMENT CRITERIA.—(1)  In  determining  the
amount of any penalty to be assessed under  this section or section
304(a), the Administrator or the court, as appropriate, shall take
into consideration (in addition to such other  factors as justice may
require) the size of the business, the economic impact of the penal-
ty on the business, the violator's full compliance history  and good
faith efforts to comply, the duration of the violation as established
by any credible evidence (including evidence other than the appli-
cable test method), payment by the violator of penalties previously
assessed for the same violation, the economic benefit of noncompli-
ance, and  the seriousness of  the  violation.  The court shall  not
assess penalties  for noncompliance with administrative  subpoenas
under section 307(a), or actions under section 114 of this Act, where

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 Sec. 113
CLEAN AIR  ACT
104
 the  violator had  sufficient cause  to  violate or fail or  refuse to
 comply with such subpoena or action.
  (2) A penalty may be assessed for each day of violation. For pur-
 poses of determining the number of days of violation for which a
 penalty may be assessed under subsection (b) or (dXD  of this  sec-
 tion, or section 304(a), or an assessment may be made under section
 120, where the  Administrator or an air pollution control  agency
 has  notified the source of the violation, and the plaintiff makes a
 prima facie showing that the conduct or events giving rise to the
 violation are likely to  have continued  or recurred past  the  date of
 notice, the days of violation shall be presumed to include the date
 of such notice and each and every day thereafter until the violator
 establishes that continuous compliance  has been  achieved, except
 to the extent that the violator can prove by a preponderance of the
 evidence that there were intervening days during which no viola-
 tion occurred  or that the violation was not  continuing in  nature.
  (f) AWARDS.—The Administrator may pay an award,  not to
 exceed $10,000, to any person who furnishes information or services
 which lead to a criminal conviction or a judicial or administrative
 civil penalty for any violation of this title or title III, IV, V, or VI
 of this Act enforced under this section. Such payment is subject to
 available appropriations for such purposes as provided in  annual
 appropriation  Acts. Any officer, or employee of the United States
 or any State or local government who furnishes information or ren-
 ders service in the performance of an  official duty is ineligible for
 payment under this subsection. The Administrator may, by regula-
 tion, prescribe additional criteria for eligibility for such an award.
  (g) SETTLEMENTS; PUBLIC PARTICIPATION.—At least 30  days before
 a consent order or settlement agreement of any kind  under  this
 Act to which the United States is a party (other than enforcement
actions under section 113, 120, or title  II, whether or not  involving
civil or criminal penalties, or judgments subject to Department of
Justice policy on public participation) is final or filed with a court,
the Administrator shall provide a reasonable opportunity  by notice
 in the Federal Register to persons who are not named as parties or
 intervenors to the action or matter  to comment in  writing. The Ad-
 ministrator or the Attorney General, as appropriate, shall prompt-
 ly consider any such written comments  and may withdraw or with-
 hold his consent to the  proposed order or agreement  if  the com-
 ments disclose facts or considerations which indicate that  such con-
sent is  inappropriate,  improper, inadequate, or inconsistent with
 the requirements of this Act. Nothing in this  subsection  shall apply
 to civil or criminal penalties under this Act.
  (h) OPERATOR.—For purposes of the provisions of this  section  and
 section 120, the term "operator", as used in  such provisions, shall
 include any person who  is senior management personnel or a  cor-
 porate officer. Except in the case of knowing  and willful violations,
 such term  shall not include any person who is a stationary engi-
 neer or  technician  responsible  for the operation, maintenance,
 repair, or monitoring of equipment and  facilities and who  often has
supervisory and training duties but who is not senior management
 personnel or a corporate officer. Except in the case of knowing  and
 willful violations,  for purposes of subsection (cX4) of this section,

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105
CLEAN AIR ACT
Sec. 114
the term "a person" shall not include an employee who is carrying
out his normal activities and who is not a part of senior manage-
ment personnel or a corporate officer. Except in the case of know-
ing and willful violations, for purposes of paragraphs (1), (2), (3),
and (5) of subsection (c) of this section the term  "a person" shall
not include an employee who is carrying  out his  normal activities
and who is acting under orders from the employer.
[42 U.S.C. 7413]

               INSPECTIONS, MONITORING, AND ENTRY

  SEC. 114. (a) For the  purpose (i) of developing or assisting in the
development  of any implementation  plan under section 110 or
lll(d), any standard of performance under section 111, ' any emis-
sion standard under section 112, [, or any regulation of solid waste
combustion under section 129,3 [or any  regulation  under section
129  (relating to  solid  waste combustion),] l  (ii) of determining
whether any person is in violation of any such standard or any re-
quirement of such a plan, or  (iii) carrying out any provision of this
Act (except a provision of title II with respect to a manufacturer of
new motor vehicles or new motor vehicle engines)—
      (1) the  Administrator may require any person who owns or
    operates any emission source, who manufactures emission con-
    trol equipment or  process equipment, who the Administrator
    believes  may have information necessary for the purposes set
    forth in  this subsection,  or who is subject to  any requirement
    of this Act (other  than  a  manufacturer subject to the provi-
    sions of section 206(c) or 208 with respect to a provision of title
    II) on a one-time, periodic or continuous basis to—
           (A) establish and maintain such records;
           (B) make such reports;
           (C) install,  use,  and  maintain such monitoring  equip-
        ment, and use such audit procedures, or methods;
           (D) sample such emissions (in accordance with such pro-
        cedures or methods, at such locations, at such  intervals,
        during such  periods  and in  such  manner as the Adminis-
        trator shall prescribe);
           (E) keep records on control  equipment  parameters, pro-
        duction variables or  other indirect data when direct moni-
        toring of emissions is impractical;
           (F) submit compliance certifications in accordance  with
        section 114
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Sec. 114
CLEAN AIR ACT
106
        to be maintained under paragraph (1) of this section are lo-
        cated, and
          (B) may at reasonable times have access to and copy any
        records, inspect any monitoring equipment and method re-
        quired under paragraph  (1),  and  sample any emissions
        which such person  is  required to sample under paragraph
        (1).
      (3) The Administrator shall  in the case of any person which
    is the owner or operator of a major stationary source, and may,
    in the case of any other person, require enhanced monitoring
    and submission of compliance certifications. Compliance certifi-
    cations shall  include (A) identification of the applicable re-
    quirement that is the basis of the certification, (B) the method
    used for determining the  compliance status of the source, (C)
    the compliance status, (D) whether compliance is continuous or
    intermittent, (E) such other facts as the Administrator may re-
    quire. Compliance certifications and monitoring data shall be
    subject to subsection (c) of this section. Submission of a compli-
    ance certification shall in  no way limit the Administrator's au-
    thorities to investigate  or otherwise implement this Act. The
    Administrator shall promulgate rules to provide guidance and
    to implement this paragraph  within 2 years  after the enact-
    ment of the Clean Air Act Amendments of 1990.
  (bXD Each State may develop and submit to the Administrator a
procedure for carrying out this section in such State. If the Admin-
istrator finds the State procedure  is adequate, he  may delegate to
such State any authority he has to carry out this section.
  (2)  Nothing in  this subsection shall prohibit the Administrator
from carrying out this section  in a  State.
  (c) Any records, reports, or information obtained under subsec-
tion (a) shall be available to the public, except that upon a showing
satisfactory to the  Administrator  by  any person that records, re-
ports, or information, or particular part thereof (other than emis-
sion data),  to which the  Administrator has access under this sec-
tion if made  public, would divulge methods  or processes entitled to
protection as trade secrets of such person,  the Administrator shall
consider  such record, report, or information or  particular portion
thereof confidential in accordance with the purposes of section 1905
of title  18 of the  United States  Code,  except  that such record,
report, or information may be disclosed  to other officers, employ-
ees, or authorized representatives of  the United States concerned
with  carrying out  this  Act or  when relevant in any proceeding
under this Act.
  (dXD In the case of any emission standard or limitation or other
requirement  which is adopted by a State, as part of an applicable
implementation plan or  as  part of an order under section 113(d),
before carrying out an entry, inspection, or monitoring under para-
graph (2) of subsection (a) with respect to such standard, limitation,
or other requirement, the  Administrator  (or his representatives)
shall  provide the  State air pollution control agency with reasonable
prior notice of such action, indicating the purpose of such  action.
No State agency  which receives notice under this  paragraph of an
action proposed to be taken may use  the information contained in

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107 _ CLEAN AIR ACT _ Sec. 115

the notice to inform the person whose property is proposed to be
affected of the proposed action. If the Administrator has reasonable
basis for believing that a State agency is so using  or will so use
such information, notice to the agency under this paragraph is not
required until such time  as  the  Administrator determines  the
agency  will no  longer  so  use information contained in a notice
under this paragraph. Nothing in this section shall be construed to
require notification to any State agency of any action taken by the
Administrator with respect to any standard, limitation, or other re-
quirement which is not part of an applicable implementation plan
or which was promulgated  by the Administrator  under  section
  (2) Nothing in  paragraph (1) shall  be construed to provide that
any failure of the Administrator to comply with the requirements
of such paragraph shall be a defense  in any  enforcement action
brought by the Administrator or shall make inadmissible  as evi-
dence in any such action any information or material obtained not-
withstanding such failure to comply with such requirements.
[42 U.S.C. 7414]

                  INTERNATIONAL AIR POLLUTION

  SEC. 115. (a) Whenever  the Administrator,  upon receipt of re-
ports, surveys or studies from  any duly constituted international
agency has reason to believe that any air pollutant or pollutants
emitted in the United States cause or contribute to air  pollution
which may reasonably be anticipated to endanger public health or
welfare in a foreign country or whenever the Secretary of State re-
quests him to do so with respect to such pollution which the Secre-
tary of State alleges is of  such  a nature, the Administrator  shall
give formal notification  thereof to the Governor of the State  in
which such emissions originate.
  (b) The notice of the Administrator shall be deemed to be a  find-
ing under  section  110
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 Sec. 116
CLEAN AIR ACT
108
                  RETENTION OF STATE AUTHORITY

  SEC. 116. Except as otherwise provided in sections 119 (c), (e), and
 (f) (as in effect before the date of the enactment of the Clean Air
 Act Amendments of 1977), 209, 211(cX4), and 233 (preempting cer-
 tain State regulation of moving sources) nothing in this Act shall
 preclude or deny the right  of any State or political  subdivision
 thereof to adopt  or enforce (1) any standard or limitation respect-
 ing emissions of air pollutants or (2) any requirement respecting
 control or  abatement  of air pollution;  except that if an emission
 standard or limitation is in effect under an applicable implementa-
 tion plan or under section 111 or 112, such State or political subdi-
 vision may not adopt  or enforce any emission standard or limita-
 tion which is less stringent than the standard or limitation under
 such plan or section.
 [42 U.S.C. 7416]

 PRESIDENT'S AIR QUAIJTY ADVISORY BOARD AND ADVISORY COMMITTEES

  SEC, 117. (a) In order to obtain assistance in the development and
 implementation  of the purposes of this Act including  air  quality
 criteria, recommended control techniques,  standards, research and
 development, and to encourage the continued efforts on the part of
 industry to improve air quality and to  develop economically feasi-
 ble methods for the control and abatement of air pollution, the Ad-
 ministrator shall from time to  time establish advisory committees.
Committee members shall include, but not be limited  to, persons
who are knowledgeable concerning air quality from the standpoint
of health, welfare, economics, or technology.
  (b)  The members of any other advisory committees appointed
 pursuant to this  Act who are not officers or employees of the
 United States while attending  conferences or meetings or while
otherwise serving at the request of the  Administrator, shall be en-
titled to receive compensation at a rate  to be fixed by the Adminis-
trator, but not exceeding $100  per diem, including traveltime, and
while away from  their homes  or regular  places of business they
 may be allowed travel expenses, including per diem in  lieu of sub-
sistence,  as authorized by section  5703 of title 5 of the  United
States Code for persons in the Government service employed inter-
 mittently.
  (c) Prior to—
      (1)  issuing  criteria for  an  air pollutant  under  section
    108(aX2),
      (2)  publishing  any  list under  section   Hl(bXlXA)  or
    112(bXlXA),
      (3) publishing any  standard under section 111 or section 112,
    or
      (4) publishing any regulation under section 202(a),
 the Administrator shall, to the  maximum extent practicable within
 the time provided, consult with appropriate advisory committees,
 independent experts, and Federal departments and agencies.
 (42U.S.C. 7417]

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109
CLEAN AIR ACT
Sec. 118
         CONTROL OF POLLUTION PROM FEDERAL FACILITIES

  SEC. 118. (a) GENERAL COMPLIANCE.—Each department, agency,
and instrumentality of executive,  legislative, and judicial branches
of the Federal Government (1) having jurisdiction over any proper-
ty or facility, or (2) engaged in any activity resulting, or which may
result, in the discharge of air pollutants, and each officer, agent, or
employee thereof, shall be subject to, and comply with, all Federal,
State, interstate, and local requirements, administrative authority,
and process and sanctions respecting the control and abatement of
air pollution  in the same manner, and to the same extent as  any
nongovernmental entity. The preceding sentence shall apply (A) to
any requirement whether substantive or procedural (including  any
recordkeeping or  reporting requirement,  any requirement respect-
ing permits and any other requirement whatsoever), (B) to any re-
quirement  to  pay  a fee  or charge imposed by any State or local
agency to defray the costs of its air pollution regulatory program,
(C) to the exercise of any Federal, State, or local administrative au-
thority, and (D) to any  process and sanction, whether enforced in
Federal, State, or local courts, or in any other manner. This subsec-
tion shall apply notwithstanding  any immunity of such agencies,
officers, agents, or employees under any law or rule of law. No  offi-
cer, agent, or employee  of the United States shall be  personally
liable for any civil penalty for which he is not otherwise liable.
  (b) The  President, may exempt  any emission  source of any de-
partment, agency, or instrumentality in the executive  branch from
compliance with such a requirement  if he determines it to be in
the paramount interest of the United States  to do so, except that
no exemption  may be granted from section 111, and an  exemption
from  section  112  may be granted only in accordance  with section
112(iX4). No such exemption shall be granted due to lack of appro-
priation unless the President shall have specifically requested such
appropriation  as a part of the budgetary  process and the Congress
shall  have  failed  to  make available such requested appropriation.
Any exemption shall be for a period not in excess  of one year, but
additional exemptions may be granted for periods  of not to exceed
one year upon the President's making a new determination.  In ad-
dition to any such exemption of a particular emission source, the
President may, if he determines it to be in the paramount interest
of the United States to dp so, issue  regulations exempting from
compliance with the requirements of this section any  weaponry,
equipment, aircraft, vehicles, or other classes or categories of prop-
erty  which are owned  or operated by the  Armed Forces of the
United  States (including the Coast  Guard)  or by the National
Guard of any State and which are uniquely military in nature.  The
President shali reconsider the need for such  regulations at  three-
year intervals. The President shall report each January to the Con-
gress  all exemptions from the requirements of this section granted
during the preceding calendar year, together with his  reason for
granting each such exemption.
  (c) GOVERNMENT  VEHICLES.—Each department,  agency, and in-
strumentality of executive,  legislative, and judicial branches of the
Federal Government shall comply with all applicable  provisions of
a valid inspection and maintenance program established under the

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Sec. 119
CLEAN AIR ACT
110
provisions of subpart 2 of part D or subpart 3 of part D except for
such vehicles that are considered military tactical vehicles.
  (d)  VEHICLES OPERATED  ON FEDERAL INSTALLATIONS.—Each  de-
partment, agency, and instrumentality of executive, legislative, and
judicial branches of  the Federal Government having jurisdiction
over any property or facility shall require all employees which op-
erate motor vehicles on the property or facility to furnish proof of
compliance with the applicable requirements of any vehicle inspec-
tion and maintenance program established under the provisions of
subpart 2 of part D or subpart 3 of part D for the State in which
such property or facility is located (without regard  to whether such
vehicles are registered in the State). The installation shall use one
of the following methods to establish proof of compliance—
      (!) presentation by the vehicle owner of a valid certificate of
    compliance from  the vehicle inspection and maintenance pro-
    gram;
      (2) presentation by the vehicle owner of proof of vehicle reg-
    istration within the geographic area covered by the vehicle in-
    spection and maintenance program (except for any program
    whose enforcement mechanism is  not through  the denial of ve-
    hicle registration);
      (3) another method approved by the vehicle inspection and
    maintenance program administrator.
[42 U.S.C. 7418]

              PRIMARY NONFERROUS SMELTER ORDERS

  SEC. 119. (aXD  Upon application by the owner or operator of a
primary nonferrous smelter, a primary nonferrous smelter order
under subsection (b) may be issued—
      (A) by the Administrator, after thirty days'  notice  to the
    State, or
      (B) by the State in which such source is located, but no such
    order issued by the State shall take effect until the Adminis-
    trator determines that such order has been issued in  accord-
    ance with the requirements of this Act.
Not later than ninety days after  submission by the State to the Ad-
ministrator of notice of the issuance of a primary nonferrous smelt-
er order under  this  section,  the Administrator  shall determine
whether or not such order has been issued by the State in accord-
ance with the  requirements of this Act. If the Administrator deter-
mines that such order has not been issued in accordance with such
requirements,  he shall conduct a hearing respecting the reasonably
available control technology for primary nonferrous smelters.
  (2XA) An order issued under this section to a primary nonferrous
smelter shall  be referred to as a "primary nonferrous smelter
order". No primary nonferrous  smelter may  receive both  an  en-
forcement order  under  section  113(d) and  a  primary nonferrous
smelter order under this section.
  (B) Before any hearing conducted under this section, in the case
of an application  made by the owner or operator of a primary non-
ferrous smelter for  a second order under this section, the applicant
shall furnish the Administrator  (or the State  as the case may be)
with a statement of the grounds  on which such application is based

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Ul	CLEAN AIR ACT	Sec. 119

(including all supporting documents and information). The state-
ment of the grounds for the proposed order shall be provided by
the Administrator or the State in any case in which such State or
Administrator is acting  on  its  own  initiative. Such statement (in-
cluding such documents  and information) shall be made available
to the public for a thirty-day period before such hearing and shall
be  considered as part of such hearing. No  primary  nonferrous
smelter order may be granted unless the applicant establishes that
he meets the conditions  required for the issuance of such order (or
the Administrator or State establishes the meeting of such condi-
tions when acting on their own initiative).
  (C) Any decision with  respect to the issuance of a primary non-
ferrous smelter order shall be accompanied by a concise statement
of the findings and of the basis of such findings.
  (3) For the purposes of section ' 110, 304, and  307 of this Act, any
order issued by the State and in effect pursuant to this subsection
shall become part of the  applicable implementation plan.
  (b)  A primary nonferrous smelter order under this section may
be issued to a primary nonferrous smelter if—
      (1) such smelter is in  existence on  the date of the enactment
    of this section;
      (2) the requirement of the  applicable implementation  plan
    with respect to which the order is issued is an emission  limita-
    tion or  standard  for sulfur oxides which is necessary and in-
    tended to be itself sufficient to enable attainment and mainte-
    nance of national primary and secondary ambient  air quality
    standards for sulfur oxides; and
      (3) such smelter is unable to comply with such requirement
    by  the  applicable date for compliance because no means  of
    emission limitation  applicable  to  such smelter which will
    enable  it to achieve compliance with such requirement has
    been adequately  demonstrated to be reasonably  available (as
    determined by the Administrator, taking into account the cost
    of  compliance,  nonair  quality  health  and  environmental
    impact,  and energy consideration).
  (cXl) A second order issued to a smelter under this section shall
set forth compliance  schedules containing  increments of  progress
which require compliance with  the requirement postponed as expe-
ditiously as  practicable. The increments of progress shall be limited
to requiring compliance  with subsection (d) and, in the case of a
second order, to procuring, installing, and operating the necessary
means of emission limitation as expeditiously as practicable after
the Administrator determines  such  means have been  adequately
demonstrated to be  reasonably available within  the  meaning  of
subsection (bX3).
  (2) Not in excess of two primary nonferrous smelter orders may
be issued under  this section to any primary  nonferrous smelter.
The first such order issued to a smelter shall not result in  the post-
ponement of the requirement with respect to  which such order is
issued beyond January  1,  1983. The second such order shall not
  'The word "section" is apparently intended to mean "sections"

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 Sec. 119	CLEAN AIR ACT	112

 result in the postponement of such requirement beyond January 1,
 1988.
  (dXIXA) Each primary nonferrous smelter to which an order is
 issued under this section shall be required  to  use  such  interim
 measures for the  period during which such  order is in effect as
 may be necessary in the judgment of the Administrator to assure
 attainment and maintenance of the national  primary and second-
 ary ambient  air quality standards during such period, taking into
 account the aggregate  effect on air quality of such order together
 with  all variances, extensions, waivers, enforcement orders, de-
 layed compliance  orders and primary nonferrous smelter orders
 previously issued under this Act.
  (B) Such interim requirements shall include—
      (i) a requirement that the source to which the order applies
    comply with such reporting requirements and  conduct  such
    monitoring as the Administrator determines may be  necessary,
    and
      (ii) such measures as the Administrator determines are nec-
    essary to avoid an  imminent and substantial endangerment to
    health of persons.
  (C) Such interim measures shall also, except as provided in para-
graph  (2), include continuous emission reduction technology. The
Administrator shall condition the use of any such interim meas-
ures upon the agreement of the owner or operator of the smelter—
      (i) to comply with such conditions  as the Administrator de-
    termines are necessary to maximize the reliability and enforce-
    ability of such interim measures, as applied to the smelter, in
    attaining  and maintaining the national  ambient air quality
    standards to which the order relates, and
      (ii) to commit reasonable resources to research and develop-
    ment of appropriate emission control technology.
  (2) The requirement  of paragraph (1) for the use of continuous
emission reduction technology may be waived with respect to a par-
ticular smelter by  the State or the Administrator, after notice and
a hearing on  the record, and upon a showing by the owner or oper-
ator of the smelter that such requirement would be so costly as to
necessitate  permanent  or prolonged temporary cessation of oper-
ations of the smelter. Upon application for such waiver, the Admin-
istrator shall  be notified and shall, within ninety days, hold a hear-
ing on the record  in accordance with  section 554 of  title 5 of the
United States Code. At such hearing the Administrator shall re-
quire the smelter  involved to present information relating to any
alleged cessation of operations and the detailed reasons or justifica-
tions  therefor. On the basis of such hearing the Administrator
shall make findings of fact as to the effect of such requirement and
on the alleged cessation of operations and shall make such recom-
mendations as he deems  appropriate. Such report,  findings, and
recommendations  shall be available to the public,  and shall  be
taken into account by  the State or the Administrator in  making
the decision whether or not to grant such  waiver.
  (3) In order to obtain information for purposes of a  waiver under
paragraph (2), the  Administrator may, on his  own motion, conduct
 an investigation and use the authority of section 321.
I

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113
CLEAN AIR ACT
Sec. 120
  (4) In the case of any smelter which on the date of enactment of
this section uses continuous emission reduction technology and sup-
plemental  controls and which receives an initial primary nonfer-
rous smelter  order  under this section, no  additional  continuous
emission reduction technology shall be required as a condition of
such order unless the Administrator determines, at any time, after
notice and public hearing, that such additional continuous emission
reduction technology is adequately demonstrated to be  reasonably
available for the primary nonferrous smelter  industry.
  (e) At any time during which an order under this section applies,
the Administration may enter upon a public hearing respecting the
availability of technology. Any order under this section shall be
terminated if the Administrator determines on the  record, after
notice and public  hearing, that the  conditions upon  which  the
order was  based  no longer exist. If the owner or operator of the
smelter to  which the order is issued demonstrates that prompt ter-
mination of such order would result in undue hardship, the termi-
nation shall become effective at the earliest practicable date on
which such undue hardship would not result, but in no event later
than the date  required under subsection (c).
  (f) If the Administrator determines  that a smelter to which an
order is issued under this section is in violation of any requirement
of subsection (c) or (d), he shall—
      (1) enforce such requirement under section 113,
      (2) (after notice and opportunity for public hearing) revoke
    such order and enforce compliance with  the requirement with
    respect to which such order was granted,
      (3) give  notice of noncompliance and commence action under
    section 120, or
      (4) take  any appropriate combination of such action.
(42 U.S.C. 7419]

                    NONCOMPLIANCE PENALTY

  SEC. 120. (aXlKA) Not later than 6  months after the date of en-
actment  of this section, and after notice and  opportunity for a
public hearing, the Administrator shall promulgate regulations re-
quiring the assessment and collection  of a noncompliance penalty
against persons referred to in paragraph (2XA).
  (BXi) Each State may develop and submit to the Administrator a
plan for carrying out this section in such  State.  If the Administra-
tor finds that the State plan meets the requirements of this section,
he may delegate  to such State any authority he has to carry out
this action.
  (ii) Notwithstanding a delegation to a State under clause (i), the
Administrator may carry  out this  section in  such State under the
circumstances described in subsection (bX2)(B).
  (2XA) Except as provided in subparagraph (B) or (C) of this para-
graph, the State or the Administrator shall assess  and  collect a
noncompliance penalty against every person who owns or oper-
ates—
      (i)  a  major stationary source (other than  a primary nonfer-
    rous smelter which has received a primary nonferrous smelter
    order under section 119) which is not in compliance with  any

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 Sec. 120
CLEAN AIR ACT
114
     emission limitation, emission standard or compliance schedule
     under any  applicable implementation  plan (whether  or  not
     such source is subject to a Federal or State consent decree), or
      (ii) a stationary source which is not in compliance with an
     emission limitation, emission standard,  standard of perform-
     ance, or other requirement established under section 111, 167,
     303, or 112 of this Act, or
      (iii) a stationary source which is not in compliance with any
     requirement of title IV, V, or VI of this Act, or
      (iv) any source referred to in clause (i), (ii), or (iii) (for which
     an extension, order, or suspension referred to in subparagraph
     (B), or Federal or State consent decree  is in effect), or a pri-
     mary nonferrous smelter which has received a primary nonfer-
     rous smelter order under  section  119 which is  not in compli-
     ance with any interim emission control requirement or sched-
     ule of compliance under such extension, order,  suspension, or
     consent decree.
For  purposes of subsection (dX2), in  the case of a penalty assessed
with respect to a source referred to in clause (iii) of this subpara-
graph, the costs  referred to in such subsection (dX2) shall  be the
economic value of noncompliance with  the interim emission control
requirement or the remaining steps in the schedule of compliance
referred to in such clause.
  (B) Notwithstanding the  requirements of subparagraph  (A)  (i)
and  (ii),  the  owner or operator of any source shall be  exempted
from the duty to pay a noncompliance penalty under such require-
ments with respect to that source if, in accordance with the proce-
dures in  subsection (bX5), the owner or operator demonstrates that
the failure of such source to comply with any such requirement is
due solely to—
      (i)  a conversion by such  source from the burning of petrole-
    um products or natural gas, or both, as the permanent primary
    energy source to the burning of coal pursuant to an order
    under section 113(dX5) or  section  119 (as in  effect before the
    date of the  enactment of  the Clean Air Act Amendments of
     1977);
      (ii) in the case of a coal-burning  source granted an extension
    under  the  second sentence of  section  119(cXD  (as in effect
    before the date of the enactment of the Clean Air Act Amend-
    ments of 1977), a prohibition from  using petroleum products or
    natural gas or both, by reason of an order under the provisions
    of section 2 (a) and (b) of the Energy Supply and Environmen-
    tal Coordination  Act of 1974 or under any  legislation  which
    amends or supersedes such provisions;
      (iii) the use of innovative technology  sanctioned by an en-
    forcement order under section 113(dX4);
      (iv) an inability to comply with any such  requirement,  for
    which inability the source  has received an order under section
    113(d) (or an  order under section 113 issued before the date of
    enactment of this section) which has the  effect of permitting a
    delay or violation of any requirement of this Act (including a
    requirement  of an applicable implementation plan)  which in-
    ability results from reasons entirely beyond the  control  of the

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115
CLEAN AIR ACT
Sec. 120
    owner or operator of such source or of any entity controlling,
    controlled by, or under common control with the owner or op-
    erator of such source; or
      (v) the conditions by reason of which a temporary emergency
    suspension is authorized under section 110 (f) or (g).
An exemption under this subparagraph shall cease to be effective if
the source fails to  comply with the interim  emission control re-
quirements  or schedules of compliance (including increments of
progress) under any such extension, order, or suspension.
  (C)  The Administrator may, after notice  and  opportunity  for
public hearing, exempt any source from the requirements of this
section with respect to a particular instance of noncompliance if he
finds that such instance of noncompliance is de  minimis in nature
and in duration.
  (b) Regulations under subsection (a) shall—
      (1) permit the assessment and collection of such penalty by
    the State  if the State has  a delegation of authority in effect
    under subsection (aXIXBXi);
      (2) provide for the assessment and collection of such penalty
    by the Administrator, if—
          (A) the State does not have a delegation of authority in
        effect under subsection (aXIXBXi), or
          (B)  the State has such  a delegation  in effect but fails
        with respect to any particular person or source to assess or
        collect the penalty in accordance with the requirements of
        this section;
      (3) require the States, or in the event the States fail to do so,
    the Administrator, to give a brief but reasonably specific notice
    of noncompliance under this section to each person referred to
    in subsection (aX2XA) with respect to each source owned or op-
    erated by such  person which is not in compliance as provided
    in such  subsection, not later than July 1, 1979, or thirty days
    after the discovery of such noncompliance, whichever is later;
      (4) require each  person to whom notice  is given under para-
    graph (3) to—
          (A)  calculate the amount of the penalty  owed (deter-
        mined in accordance with subsection (dX2) and the sched-
        ule of payments (determined in accordance with subsection
        (dX3)) for each such source and, within forty-five days after
        the  issuance of such notice or after the denial of a petition
        under subparagraph (B), to submit that  calculation  and
        proposed schedule, together with  the information  neces-
        sary for an independent verification thereof, to the State
        and to the Administrator, or
          (B) submit a petition, within forty-five days after the is-
        suance of such notice, challenging such notice of noncom-
        pliance or alleging entitlement to an exemption under sub-
        section (aX2XB) with respect to a particular source;
      (5) require the Administrator to provide a hearing on the
    record (within the meaning of subchapter  II  of chapter  5 of
    title 5, United States Code) and to make a decision on such pe-
    tition (including findings of fact and conclusions of law) not
    later than ninety days after the receipt of any petition under

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 Sec. 120
CLEAN AIR ACT
116
     paragraph (4XB), unless the State agrees to provide a hearing
     which is substantially similar to such a  hearing on the record
     and to make a decision on such petition (including such find-
     ings and conclusions) within such ninety  day period;
      (6XA) authorize the Administrator on his  own  initiative to
     review the decision of the State under paragraph (5) and disap-
     prove  it if it is not in accordance with the requirements of this
     section, and (B) require the  Administrator to do  so  not later
     than sixty days  after receipt of a petition  under this subpara-
     graph, notice, and public hearing and a  showing by such peti-
     tioner that the State decision under paragraph (5)  is not in ac-
     cordance with the requirements of this section;
      (7) require payment, in accordance with subsection (d), of the
     penalty by  each  person to whom notice of noncompliance is
     given under paragraph (3) with respect to each  noncomplying
     source for which such notice is given unless  there has been a
     final determination granting a petition under paragraph (4KB)
     with respect to such  source;
      (8) authorize the State or the  Administrator to adjust (and
     from time to time to readjust) the amount of the penalty as-
    sessment calculated or the payment schedule  proposed by such
    owner or  operator under  paragraph  (4), if the Administrator
     finds after notice and opportunity for a hearing on the record
    that the penalty or schedule does not meet the requirements of
     this section; and
      (9) require a final adjustment of the penalty within 180 days
    after such source comes into compliance  in accordance with
    subsection (dX4).
In any case in which the State establishes a noncompliance penalty
under this section, the State shall provide notice thereof to the Ad-
ministrator. A noncompliance penalty established by a  State  under
this  section shall  apply unless the Administrator, within ninety
days after  the date of receipt of notice of the State penalty assess-
ment under this section, objects  in writing to the amount of the
penalty as less than would be  required to comply with guidelines
established by the Administrator.  If the Administrator objects, he
shall immediately establish a substitute noncompliance penalty ap-
plicable to  such source.
  (c) If the owner or operator of any stationary source to whom a
notice is issued under subsection (bX3)—
      (1)  does not  submit a  timely  petition under subsection
    (bX4XB), or
      (2) submits  a  petition  under  subsection (bX4XB)  which is
    denied, and
fails to  submit a calculation of the penalty assessment, a schedule
for payment, and the information necessary for independent verifi-
cation thereof, the State  (or the Administrator, as the case may be)
may enter  into a contract with  any person who has no  financial in-
terest in the owner or operator of the source (or in any person con-
trolling, controlled by  or under common control with such source)
to assist in determining  the amount  of the penalty assessment or
payment schedule with respect to such source. The cost of carrying

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117
CLEAN AIR ACT
Sec. 120
out such contract may be  added to the penalty to be assessed
against the owner or operator of such source.
  (dXD All penalties assessed by the Administrator under this sec-
tion shall be paid to the United States Treasury. All penalties as-
sessed by the State under this section shall be paid to such State.
  (2) The amount of the penalty which shall be assessed and col-
lected with respect to any source under this section shall be equal
to—
      (A) the amount determined in accordance  with regulations
    promulgated by the Administrator  under subsection (a), which
    is no less than the economic value which a delay in compliance
    beyond July 1,  1979, may have for the owner of such  source,
    including the quarterly  equivalent  of the capital costs of com-
    pliance  and debt service over a normal amortization  period,
    not to exceed ten years, operation and maintenance costs fore-
    gone as a result of noncompliance,  and any additional econom-
    ic value which such a delay may have for the owner or opera-
    tor of such source, minus
      (B) the amount of any expenditure made by the owner or op-
    erator of that source during any such quarter for the purpose
    of bringing that source into, and maintaining compliance with,
    such requirement,  to the extent that such expenditures have
    not been taken into account in the calculation of the penalty
    under subparagraph (A).
To the extent that any expenditure under subparagraph (B) made
during any  quarter  is not subtracted  for such quarter from the
costs under subparagraph (A), such expenditure may be subtracted
for  any subsequent quarter from such costs. In no event shall the
amount paid be less than the quarterly  payment minus the amount
attributed to actual cost of construction.
  (3XA) The assessed penalty required  under this section shall be
paid in quarterly installments for the period of covered  noncompli-
ance.  All quarterly payments (determined without regard  to  any
adjustment or any  subtraction under  paragraph (2KB)) after the
first payment shall be equal.
  (B)  The first payment shall be due on the date  six months after
the date of issuance of the notice of noncompliance under  subsec-
tion (bX3) with respect to any source or on January 1, 1980, which-
ever is  later. Such  first payment shall be in the amount of the
quarterly installment for the upcoming quarter, plus the amount
owed  for any preceding period within  the period of covered non-
compliance for such source.
  (C)  For the purpose of this section, the term "period of covered
noncompliance" means the period which begins—
      (i) two years after the date of enactment of this section, in
    the case of a source for which notice of noncompliance under
    subsection (bX3) is issued on or before the date two years after
    such date of enactment,  or
      (ii) on the date of issuance of the notice of noncompliance
    under subsection (bX3), in the case of a source for which such
    notice is issued after July 1, 1979,

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 Sec. 120
CLEAN AIR ACT
118
and ending on the date on which such source comes into (or for the
purpose of establishing the schedule of payments, is estimated to
come into) compliance with such requirement.
  (4) Upon making a determination that a source with respect to
which a penalty has been paid under  this section is in compliance
and is maintaining  compliance with  the applicable requirement,
the State (or the Administrator as the  case may be) shall review
the actual expenditures made by the owner or operator of such
source for the  purpose of  attaining and maintaining compliance,
and shall  within  180  days after such source comes  into compli-
ance—
      (A)  provide  reimbursement with interest (to be paid by the
    State  or Secretary of the Treasury,  as the case may be) at ap-
    propriate prevailing rates (as determined  by the Secretary of
    the Treasury) for any overpayment by such person, or
      (B) assess and  collect an additional payment with interest at
    appropriate prevailing rates (as determined by the Secretary of
    the Treasury) for any underpayment by such person.
  (5) Any  person who fails  to pay the amount of any penalty with
respect to any source under this section on a timely basis shall be
required to pay in addition a  quarterly nonpayment penalty for
each quarter during which such failure  to pay persists.  Such non-
payment penalty shall  be in an amount equal to 20 percent of the
aggregate amount  of such person's penalties and nonpayment pen-
alties with respect to such source which are unpaid as of the begin-
ning of such quarter.
  (e) Any action pursuant to this section, including any objection of
the Administrator under the last sentence of subsection (b), shall
be considered a final action for purposes of judicial review of any
penalty under section 307 of this Act.
  (f) Any orders, payments, sanctions, or other requirements under
this section shall be  in addition to any other permits, orders, pay-
ments, sanctions, or other requirements established under this Act,
and shall  in no way affect any civil or  criminal enforcement pro-
ceedings brought under any provisions of this Act or State or local
law.
  (g) In the case of any  emission limitation or other requirement
approved or promulgated by the Administrator under this Act after
the enactment of the Clean Air Act Amendments of 1977 which is
more stringent  than the emission  limitation or requirement for the
source in effect prior to such approval or promulgation, if any, or
where there was no emission  limitation or requirement approved
or promulgated before enactment of the Clean Air Act Amend-
ments of 1977, the  date for  imposition of the non-compliance  penal-
ty under this section, shall be either July  1, 1979, or the date on
which the source  is required  to  be in full compliance  with such
emission  limitation or  requirement, whichever is later, but in no
event later than three  years after the approval or promulgation of
such emission limitation or  requirement.
142 U.S.C. 7420}

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 119
CLEAN AIR ACT
Sec. 122
                         CONSULTATION

  SEC. 121. In carrying out the requirements of this Act requiring
applicable implementation plans to contain—
      (1) any transportation controls, air quality maintenance plan
    requirements or preconstruction review of direct sources of air
    pollution, or
      (2) any measure referred to—
           (A) in  part D (pertaining  to  nonattainment require-
         ments), or
           (B) in part C (pertaining  to prevention  of significant de-
         terioration),
and in carrying out the requirements of section 113(d) (relating to
certain enforcement orders), the State shall provide  a satisfactory
process  of consultation  with general  purpose  local  governments,
designated organizations of elected officials of local  governments
and any Federal land  manager having authority over Federal land
to which the State plan applies, effective with respect to any such
requirement which is adopted more  than one year after the date of
enactment of the Clean Air Act  Amendments of 1977 as part of
such  plan. Such process shall be in  accordance  with regulations
promulgated by the Administrator to assure adequate consultation.
The Administrator shall update as  necessary the original regula-
tions required and promulgated under this section (as in effect im-
mediately  before the date of the  enactment of the Clean Air Act
Amendments of 1990)  to ensure adequate consultation. Only a gen-
eral purpose unit of local government, regional agency, or council
of governments adversely affected by  action of the Administrator
approving  any portion of a  plan referred to in this subsection may
petition for judicial review of such action on the basis of a violation
of the requirements of this section.
[42 U.S.C. 7421]

           LISTING OF CERTAIN UNREGULATED POLLUTANTS

  SEC. 122. (a) Not later than one year after date  of enactment of
this section (two years for radioactive pollutants) and after notice
and opportunity for public hearing, the Administrator shall review
all  available relevant  information and determine  whether or not
emissions of  radioactive pollutants (including source  material, spe-
cial nuclear  material,  and  byproduct  material), cadmium, arsenic
and polycyclic organic matter  into the ambient air will cause, or
contribute to, air pollution which may reasonably  be anticipated to
endanger public health. If the Administrator makes an affirmative
determination with respect to any such substance,  he  shall simulta-
neously with such determination include such substance in the list
published under section 108(aXl)  or 112(b)(lXA) (in the  case of a
substance which, in the judgment of the Administrator, causes, or
contributes to, air  pollution which may reasonably be anticipated
to result in an increase in mortality or an increase in serious irre-
versible,  or incapacitating reversible, illness), or shall include each
category of stationary sources emitting such substance in signifi-
cant amounts in the  list published under section lll(bXlXA), or
take any combination of such actions.

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 Sec. 123
CLEAN AIR ACT
120
   (b) Nothing in subsection (a) shall be construed to affect the au-
 thority of the Administrator to revise any list referred to in subsec-
 tion (a) with respect to any substance (whether or not enumerated
 in subsection (a)).
   (cXD Before listing any source material, special nuclear, or by-
 product material (or component or derivative thereof) as provided
 in subsection (a), the Administrator shall consult with the Nuclear
 Regulatory Commission.
  (2) Not later than six months after listing any such material (or
 component or derivative thereof) the Administrator and the Nucle-
 ar Regulatory  Commission  shall enter  into an interagency agree-
 ment with respect to those sources or facilities which are under the
jurisdiction of the Commission. This agreement shall, to the maxi-
 mum extent practicable consistent with this Act, minimize duplica-
 tion of effort  and conserve administrative resources in  the estab-
 lishment, implementation, and enforcement of emission limitations,
 standards of performance, and other  requirements and authorities
 (substantive and procedural) under this Act respecting the emission
 of such material (or component or derivative thereof) from  such
sources or facilities.
  (3) In case of any standard or emission limitation promulgated by
the Administrator, under this Act or by any State (or the Adminis-
trator) under any applicable implementation plan under this Act, if
the Nuclear Regulatory Commission  determines, after notice and
 opportunity for public hearing that the application of such stand-
ard or limitation to a source or facility within the jurisdiction of
the  Commission  would  endanger public  health  or safety,  such
standard or limitation shall not apply to such facilities or sources
unless the President determines otherwise within ninety days  from
the date of such finding.
142 U.S.C. 7422]

                         STACK HEIGHTS

  SEC. 123. (a)  The degree of emission limitation required for con-
trol  of any air pollutant under an applicable implementation plan
under this title shall not be affected in any manner by—
      (1) so much of the stack height of any source as exceeds good
    engineering practice (as determined under  regulations promul-
    gated by the Administrator), or
      (2) any other dispersion technique.
The preceding sentence  shall not  apply with  respect  to  stack
heights in existence before the date of enactment of the Clean Air
Amendments of 1970 or dispersion techniques  implemented before
such  date. In  establishing an  emission limitation for coal-fired
steam electric generating units which are subject to the provisions
of section  118  and which commenced operation before July 1,  1957,
the effect of the entire stack height of stacks for which a construc-
tion contract was awarded before February 8,  1974, may be taken
into account.
  (b) For  the  purpose of this section, the term  "dispersion  tech-
 nique"  includes any intermittent or supplemental  control of air
 pollutants varying with atmospheric conditions.

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121
CLEAN AIR ACT
Sec. 124
  (c) Not later than six months after the date of enactment of this
section, the Administrator, shall after notice and opportunity for
public hearing, promulgate regulations to carry out this  section.
For purposes of this section, good engineering practice means, with
respect to stack heights, the height necessary to insure that emis-
sions from the  stack do not result in excessive concentrations of
any  air pollutant  in  the  immediate  vicinity of the source  as a
result of atmospheric  downwash, eddies and  wakes which  may be
created by the source itself, nearby structures or nearby terrain ob-
stacles (as determined by the Administrator). For purposes of this
section such  height shall not  exceed two and a half times the
height of such source unless the owner or operator of the source
demonstrates, after notice and opportunity for public hearing,  to
the satisfaction of the Administrator,  that a greater height is  nec-
essary as provided  under the preceding sentence. In  no event may
the Administrator prohibit any increase in any stack height or re-
strict in any manner the stack  height of any source.
[42 U.S.C. 7423]

             ASSURANCE OF ADEQUACY  OF STATE PLANS

  SEC. 124.  (a) As expeditiously as practicable  but not later than
one year after date of enactment of this section, each State shall
review the provisions  of its implementation  plan which relate  to
major fuel burning  sources and shall determine—
      (1) the extent to which compliance with requirements of such
    plan is dependent upon the use by major fuel burning  station-
    ary sources of petroleum products  or natural gas,
      (2) the extent to which such plan may  reasonably be antici-
    pated to be inadequate to meet the requirements of this Act in
    such State on a reliable and  long-term basis by reason of its
    dependence upon the use of such fuels, and
      (3) the extent to which compliance with the requirements of
    such plan is dependent upon  use of coal or coal derivatives
    which is not locally or regionally available.
Each State shall submit the results of  its review and its determina-
tion  under  this paragraph to  the Administrator  promptly upon
completion thereof.
  (b)(l) Not later than  eighteen months after the date of enactment
of this section, the Administrator shall review  the submissions of
the States under subsection (a) and  shall require  each State  to
revise its plan if, in the judgment of the  Administrator, such plan
revision  is necessary to assure that such plan will be adequate to
assure compliance with the requirements of this Act in such State
on a reliable and long-term basis, taking into  account the actual or
potential prohibitions on use of petroleum products or natural  gas,
or both, under any other authority of law.
  (2) Before requiring a plan  revision under  this subsection, with
respect to any State the Administrator shall take into  account the
report of the review conducted by  such State under  paragraph (1)
and shall consult with the Governor  of the State respecting such
required revision.
[42 U.S.C. 7424]

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 Sec. 125
CLEAN AIR ACT
122
   MEASURES TO PREVENT ECONOMIC DISRUPTION OR UNEMPLOYMENT

   SEC. 125.  (a) After notice and opportunity for a public hearing—
      (1) the Governor of any State in which a major fuel burning
    stationary source referred to in this subsection (or class or cat-
    egory thereof) is located,
      (2) the Administrator, or
      (3) the President (or his designee),
may determine that action under subsection (b) is necessary to pre-
vent or minimize significant local or regional economic disruption
or unemployment which would otherwise result from use by such
source (or class or category) of—
      (A) coal or coal derivatives other than locally or regionally
    available coal,
      (B) petroleum products,
      (C) natural gas, or
      (D) any combination of fuels referred to in subparagraphs (A)
    through (C),
to comply with the requirements of a State implementation plan.
  (b) Upon a determination under subsection (a)—
      (1) such Governor, with the written consent of the President
    or his designee,
      (2) the President's designee with the written  consent of such
    Governor, or
      (3) the President
may by rule or order prohibit any such major fuel burning station-
ary source (or class or category  thereof) from using fuels other than
locally or regionally available  coal or coal derivatives  to comply
with  implementation  plan requirements. In  taking any  action
under this subsection, the Governor, the President, or the Presi-
dent's designee as the case may be, shall take into account, the
final cost to the consumer of such an action.
  (c) The Governor, in the case of action under subsection (bXD, or
the Administrator, in the case  of an action under subsection  (bX2)
or (3) shall, by rule or order,  require each source to which  such
action applies to—
      (1) enter into long-term contracts of at least ten years in du-
    ration (except as the  President or his designee may otherwise
    permit or require by rule or order for good cause) for supplies
    of regionally  available coal  or coal derivatives,
      (2) enter into  contracts to acquire any additional means of
    emission limitation which  the  Administrator or the State de-
    termines may be necessary to comply with the requirements of
    this Act while using such coal  or coal derivatives as fuel, and
      (3) comply with such schedules (including  increments  of
    progress), timetables and other requirements as may be neces-
    sary to  assure compliance  with the requirements of this Act.
Requirements under this  subsection shall  be established simulta-
neously with, and as a  condition of,  any action under subsection (b).
  (d) This section applies  only to existing or new major fuel burn-
ing stationary sources—
      (1) which  have  the  design capacity to produce  250,000,000
    Btu's per hour (or  its equivalent), as determined by the Admin-
    istrator, and

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123	CLEAN AIR ACT	Sec. 126

      (2) which are not in compliance with the requirements of an
    applicable  implementation plan or which are  prohibited from
    burning oil or natural gas, or both, under any other authority
    of law.
  (e) Except as may otherwise be ''provided by rule by the State or
the Administrator for good cause, any action required to be taken
by a major fuel burning stationary source under this section shall
not be deemed to constitute a modification for purposes of section
lll(a) (2) and (4) of this Act.
  (f) For purposes of sections  113 and 120 a prohibition under sub-
section (b), and a corresponding rule or order under subsection (c),
shall be treated as a  requirement of section 113.  For purposes of
any plan (or portion thereof) promulgated under section 110(c), any
rule or order under subsection  (c) corresponding to a prohibition
under subsection (b), shall be treated as a part  of such plan. For
purposes of section  113, a prohibition under subsection (b), applica-
ble to any source, and a corresponding rule or order under subsec-
tion  (c), shall be  treated as part of the applicable  implementation
plan for the State in which subject source is located.
  (g) The President  may delegate his authority under this section
to an officer or employee of the United States designated by him on
a case-by-case basis or in any other manner he deems suitable.
  (h) For the purpose of this section the term "locally or regionally
available  coal or coal derivatives" means  coal or  coal derivatives
which is, or can in the judgment of the State or the Administrator
feasibly be, mined or produced in the local or regional area (as de-
termined  by  the  Administrator) in which  the major fuel burning
stationary source is located.
[42 U.S.C. 7425]

                INTERSTATE POLLUTION ABATEMENT

  SEC. 126. (a) Each applicable implementation plan shall—
      (1) require each major  proposed new (or modified) source—
          (A) subject to part C (relating to significant deterioration
        of air quality) or
          (B) which may significantly contribute  to  levels of air
        pollution in  excess of  the national ambient air  quality
        standards in  any air quality control region  outside the
        State in which such source intends to locate (or make such
        modification),
    to provide  written notice to all nearby States the air pollution
    levels of which  may be affected by  such source at least sixty
    days prior  to the date on which commencement of construction
    is to be permitted by the State providing notice, and
      (2) identify all major existing stationary sources which may
    have the impact described in paragraph (1) with respect to new
    or modified sources and provide  notice to all nearby States of
    the identity of such sources not later than three months after
    the date of enactment of the  Clean Air Act  Amendments of
    1977.
  (b) Any State or political subdivision may petition the Adminis-
trator for a finding that any  major source or group of stationary
sources  emits or  would emit any air pollutant in  violation of the

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 Sec. 127	CLEAN AIR ACT	1Z4

 prohibition of section 110(a)(2XDXii) or this section. Within 60 days
 after receipt of any petition under this subsection and after public
 hearing, the Administrator shall make such a finding or deny the
 petition.
   (c) Notwithstanding any permit which may have been granted by
 the State  in which the source  is located  (or intends to locate), it
 shall be a violation  of  [this section and] ' the applicable imple-
 mentation plan in such State—
      (1) for any major proposed new (or modified) source with re-
     spect to which a finding has been made under subsection (b) to
     be  constructed  or  to operate in  violation  of [this  section
     and] 2 the prohibition of section 110(aX2XDXii) or this section,
     or
      (2) for any major  existing source to  operate more than three
     months after such finding has been made with respect to it.
The Administrator may permit the continued operation of a source
referred to in  paragraph  (2) beyond  the expiration of such three-
month  period  if such source complies  with such  emission  limita-
tions and compliance schedules (containing increments of progress)
as may be provided  by the Administrator to bring about compli-
ance with  the requirements contained  in  section 110(aX2XD)(ii) as
expeditiously as  practicable, but in no case later than three years
after the date of such finding. Nothing in the  preceding sentence
shall be construed to preclude any such source from being eligible
for an enforcement order  under section 113(d) after the expiration
of such period during which the Administrator has permitted con-
tinuous operation.
[42 U.S.C. 7426]

                     [PUBLIC NOTIFICATION] 3

  SEC. 127. (a) Each  State plan  shall contain measures which will
be effective to  notify the public during any calendar 4 on a regular
basis of instances or  areas in which any national primary ambient
air quality standard  is exceeded or was exceeded  during any por-
tion of the preceding calendar year to advise  the public  of the
health  hazards  associated with such pollution, and  to enhance
public  awareness of  the measures which can be taken to prevent
such standards from being exceeded and  the ways in which the
public  can participate in  regulatory  and other efforts to improve
air quality. Such measures may  include  the posting of warning
signs on interstate highway access points to metropolitan areas or
television, radio, or press notices or information.
  (b) The Administrator is authorized to make  grants to States to
assist in carrying out the requirements of subsection (a).
[42 U.S.C, 7427]
  1 PL 101-MM. sec  10*aK2KAi. 104 Stat. 247(1, amended subsection (c) in the first sentence by
inserting "this section and" after "violation of without further specification The amendment
was executed both places "violation of appears.
  'See footnote 1.
  ' Public Lew 95-95 added section 127, but omitted the section heading.
  ' So in original public law. Probably should be "calendar year."

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125
CLEAN AIR ACT
Sec. 129
                         STATE BOARDS

  SEC. 128. (a) l Not later than the date one year after the date of
the enactment of this section, each applicable implementation plan
shall contain requirements that—
      (1) any board or body which approves permits or enforce-
    ment orders  under this Act shall have at least a majority of
    members who represent the public interest and do not derive
    any significant portion of their income from persons subject to
    permits or enforcement orders under this Act, and
      (2) any potential conflicts  of interest  by members of such
    board or body or the head of an executive agency with similar
    powers be adequately disclosed.
A State may adopt any requirements respecting conflicts of inter-
est  for such boards or bodies or heads of executive agencies, or any
other entities which are more stringent than the requirements of
paragraphs  (1) and (2), and the Administrator  shall approve any
such more stringent requirements submitted as part of an  imple-
mentation plan.
[42 U.S.C. 7428]
SEC. 129. SOLID WASTE COMBUSTION.
  (a) NEW SOURCE PERFORMANCE STANDARDS.—
      (1) IN GENERAL.—(A) The Administrator shall establish per-
    formance standards  and  other requirements pursuant to sec-
    tion 111 and this section for each category of solid waste incin-
    eration  units. Such  standards shall  include emissions limita-
    tions  and other  requirements applicable  to  new units  and
    guidelines (under section lll(d) and this section) and other re-
    quirements applicable to existing units.
      (B) Standards under section 111 and this section applicable
    to solid waste incineration units with capacity greater than 250
    tons per day combusting municipal waste shall be promulgated
    not later than 12  months after the date of enactment  of the
    Clean Air Act Amendments of 1990. Nothing in this subpara-
    graph shall alter any schedule for the promulgation of stand-
    ards applicable to such units under  section 111 pursuant  to
    any settlement and consent decree entered by the Administra-
    tor before the date of enactment of the Clean Air Act Amend-
    ments of 1990: Provided, That, such standards are subsequently
    modified pursuant to the schedule established in this subpara-
    graph to include each of the requirements of this section.
      (C) Standards under section 111 and this section applicable
    to solid waste incineration units with capacity equal to or less
    than 250 tons per day combusting municipal waste and units
    combusting hospital waste, medical waste and infectious waste
    shall be promulgated not later than  24 months after the date
    of enactment of the Clean Air Act Amendments of 1990.
      (D) Standards under section 111 and this section applicable
    to solid waste incineration units combusting commercial or in-
    dustrial waste shall be proposed not later than 36 months after
    the date of enactment of the Clean Air Act Amendments of
  1 Section 12K enacted with a subsection (a) but without a subsection (bl.

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Sec. 129
CLEAN AIR ACT
126
    1990 and  promulgated not later than 48 months after such
    date of enactment.
      (E) Not later than  18 months after the date of enactment of
    the Clean Air Act Amendments of 1990,  the  Administrator
    shall publish a  schedule  for the  promulgation of standards
    under section 111 and this section applicable to other catego-
    ries of solid waste incineration units.
      (2) EMISSIONS STANDARD.—Standards applicable to solid waste
    incineration units promulgated under section 111 and this sec-
    tion shall  reflect the maximum degree of  reduction  in emis-
    sions of air pollutants listed under section  (aX4) that the Ad-
    ministrator,  taking into consideration the  cost of achieving
    such emission reduction, and any  non-air quality  health and
    environmental impacts and energy requirements, determines is
    achievable for new or existing units in  each category. The Ad-
    ministrator may distinguish  among  classes, types (including
    mass-burn,  refuse-derived  fuel, modular and other types of
    unite), and sizes of unite within a category in establishing such
    standards.  The degree of reduction in emissions that is deemed
    achievable for new unite in a category  shall not be less strin-
    gent than the emissions control that is  achieved in practice by
    the best controlled similar  unit, as determined by the Adminis-
    trator.  Emissions standards for  existing units  in  a category
    may be less stringent than  standards for new units in the same
    category but shall not be less stringent  than the average emis-
    sions limitation  achieved by the best  performing 12 percent of
    unite in the category (excluding unite  which first  met lowest
    achievable emissions rates 18 months before the  date such
    standards  are proposed or 30 months before the  date such
    standards are promulgated, whichever is later).
      (3) CONTROL METHODS AND TECHNOLOGIES.—Standards under
    section  111 and this  section applicable  to solid  waste inciner-
    ation unite shall be based  on methods and technologies for re-
    moval or destruction  of pollutants before, during, or after com-
    bustion, and shall incorporate  for new  unite siting require-
    ments that minimize, on a site specific  basis, to the maximum
    extent practicable, potential risks to public health or the envi-
    ronment.
      (4) NUMERICAL EMISSIONS  LIMITATIONS.—The performance
    standards promulgated under section 111 and this section and
    applicable  to solid waste incineration  units shall  specify nu-
    merical  emission  limitations  for the following  substances or
    mixtures: particulate matter (total and  fine), opacity (as appro-
    priate),  sulfur dioxide, hydrogen chloride, oxides of nitrogen,
    carbon monoxide, lead, cadmium, mercury, and dioxins and di-
    benzofurans. The Administrator may  promulgate  numerical
    emissions limitations or provide for the  monitoring of postcom-
    bustion concentrations of surrogate substances,  parameters or
    periods of residence time in excess of stated temperatures with
    respect  to pollutants other  than those listed in this paragraph.
      (5) REVIEW AND REVISION.—Not later  than 5 years following
    the  initial  promulgation  of any performance standards  and
    other requirements under  this section and section 111 applica-

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127	CLEAN AIR ACT	Sec. 129

    ble to a category of solid waste incineration units, and  at  5
    year intervals thereafter, the Administrator shall review, and
    in accordance with  this section and section 111, revise such
    standards and requirements.
  (b) EXISTING UNITS.—
      (1) GUIDELINES.—Performance standards under  this section
    and section 111 for solid waste incineration units shall include
    guidelines promulgated  pursuant to section lll(d) and this sec-
    tion applicable to existing units. Such guidelines shall include,
    as provided in this section, each of the elements required by
    subsection  (a) (emissions limitations, notwithstanding  any re-
    striction in section  lll(d) regarding issuance of such limita-
    tions), subsection (c)  (monitoring), subsection  (d)  (operator
    training), subsection (e)  (permits), and subsection (hX4) (residu-
    al risk).
      (2) STATE PLANS.—Not later than 1 year after the Adminis-
    trator promulgates guidelines for a category of solid waste in-
    cineration units, each State in which units in the category are
    operating shall submit  to the Administrator a plan to imple-
    ment  and enforce the guidelines with respect to such units.
    The State plan shall be  at least as protective as the guidelines
    promulgated by the Administrator and shall provide that each
    unit subject to the guidelines shall be in  compliance with all
    requirements of this section not later than 3 years after the
    State  plan is approved by the Administrator but not later than
    5 years after the guidelines were  promulgated. The Adminis-
    trator  shall approve or  disapprove any State plan within 180
    days of the submission, and if a plan is disapproved, the Ad-
    ministrator shall state the reasons  for disapproval in writing.
    Any State  may  modify  and resubmit a plan which has been
    disapproved by the Administrator.
      (3) FEDERAL PLAN.—The Administrator shall develop, imple-
    ment  and enforce a  plan for existing solid waste incineration
    units  within any category located in any State which has not
    submitted an approvable plan under this subsection with re-
    spect to units in  such category within 2 years after the date on
    which  the Administrator promulgated the relevant guidelines.
    Such plan shall assure that each unit subject to the plan is in
    compliance with all provisions of the guidelines not later than
    5 years after the date the relevant guidelines are promulgated.
  (c) MONITORING.—The Administrator shall, as part of each  per-
formance standard promulgated pursuant to subsection (a) and sec-
tion 111, promulgate  regulations requiring the owner or operator of
each solid  waste incineration unit—
      (1) to monitor emissions from the unit at the point at which
    such emissions are emitted into the ambient air (or within the
    stack, combustion chamber or pollution control equipment, as
    appropriate) and at such other points as necessary to protect
    public health and the environment;
      (2) to monitor such other parameters relating to the oper-
    ation of the unit  and its  pollution control technology as the Ad-
    ministrator determines are appropriate; and
      (3) to report the results of such monitoring.

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Sec. 129	CLEAN AIR ACT	128

Such regulations shall contain provisions regarding the frequency
of monitoring, test methods and  procedures validated on solid
waste incineration units, and the  form and  frequency  of reports
containing the results of monitoring  and shall  require that any
monitoring reports or test results indicating an exceedance of any
standard under this section shall be reported separately and in  a
manner that facilitates review for purposes of enforcement actions.
Such regulations shall  require that copies  of the  results  of such
monitoring be maintained on file at the facility concerned and that
copies shall be made available for inspection and copying by inter-
ested members of the public during  business hours.
  (d) OPERATOR TRAINING.—Not later than 24  months after the en-
actment of the Clean Air Act Amendments of 1990, the Adminis-
trator shall develop and promote a model State program for  the
training and certification of solid waste incineration unit operators
and high-capacity fossil fuel fired plant operators. The Administra-
tor may authorize any State to implement a model program for the
training of solid waste incineration unit operators and high-capac-
ity fossil fuel fired plant operators, if the State has adopted a pro-
gram which is at least as effective as the model program developed
by the Administrator. Beginning on the date  36 months after the
date on which performance standards and guidelines  are promul-
gated under subsection (a) and section  111 for  any category of solid
waste incineration units it shall be  unlawful to operate any unit in
the category  unless each person with control over processes affect-
ing emissions from such unit has satisfactorily completed a train-
ing program meeting the requirements established by the Adminis-
trator under this subsection.
  (e) PERMITS.—Beginning (1) 36 months after the promulgation of
a performance standard under subsection (a) and section 111 appli-
cable to a category of solid waste incineration units, or (2) the effec-
tive date of a permit program under title V in the State in which
the unit  is located, whichever is later, each  unit in the category
shall operate pursuant to a permit issued under this subsection and
title V. Permits required by this subsection  may be  renewed ac-
cording to the provisions of title V.  Notwithstanding any other pro-
vision of this  Act, each permit for  a solid waste incineration unit
combusting municipal waste issued under this Act shall be issued
for a period of up to 12 years and shall be reviewed every 5 years
after date of issuance or reissuance. Each permit shall continue in
effect after the date of issuance  until the date of termination,
unless the  Administrator  or State determines that the unit  is not
in compliance with all standards and  conditions contained in  the
permit. Such determination shall  be  made  at  regular intervals
during the  term of the permit, such intervals not to exceed  5 years,
and only after public comment and  public hearing. No permit for a
solid waste incineration unit may be issued under this Act by an
agency, instrumentality or person that is also  responsible, in whole
or part, for the design and construction or operation of the unit.
Notwithstanding any other provision of this subsection, the Admin-
istrator or the State shall require  the owner or operator  of any
unit to comply with emissions limitations or implement any other
measures,  if the Administrator or the  State determines that emis-

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129
CLEAN AIR ACT
Sec. 129
sions in the absence of such limitations or measures may reason-
ably be anticipated to endanger public health or the environment.
The Administrator's determination under the preceding sentence is
a discretionary decision.
  (f) EFFECTIVE DATE AND ENFORCEMENT.—
      (1) NEW UNITS.—Performance standards and  other require-
     ments  promulgated  pursuant to this section and section 111
    and applicable to new solid waste incineration  units shall be
    effective as of the date 6 months after the date of promulga-
    tion.
      (2) EXISTING UNITS.—Performance standards  and other re-
    quirements promulgated pursuant to this  section and section
     111 and applicable to existing solid waste incineration units
    shall be effective as expeditiously as practicable  after approval
    of a State plan under subsection (bj(2) (or promulgation of a
    plan by the Administrator  under subsection (bX3)) but  in no
    event later than 3 years after the State plan is  approved or 5
    years after the date such standards or requirements are pro-
    mulgated, whichever is earlier.
      (3) PROHIBITION.—After the effective date of any performance
    standard,  emission limitation or other requirement promulgat-
    ed pursuant to this section and section 111, it shall be unlawful
    for any owner or operator of any solid waste incineration unit
    to which  such standard, limitation or requirement applies to
    operate such unit in violation of such limitation, standard or
    requirement or for  any other person to violate an applicable
    requirement of this section.
      (4) COORDINATION WITH OTHER  AUTHORITIES.-—For purposes of
    sections lll(e), 113, 114, 116, 120, 303, 304, 307 and other provi-
    sions for the enforcement of this Act, each performance stand-
    ard, emission limitation or other requirement established pur-
    suant to this section by the Administrator or a State or  local
    government, shall be treated in the  same manner as a stand-
    ard of performance under section 111 which is an emission lim-
    itation.
  (g) DEFINITIONS.—For purposes of section 306  of the Clean Air
Act Amendments of 1990 and this section only—
      (1) SOLID WASTE INCINERATION UNIT.—The term "solid waste
    incineration unit" means a distinct operating unit of any facili-
    ty which combusts any solid waste material from commercial
    or industrial establishments or  the  general public (including
    single and multiple residences, hotels, and motels). Such term
    does not include incinerators or other units required to have a
    permit under section 3005 of the Solid Waste Disposal Act. The
    term "solid waste incineration unit" does not include (A) mate-
    rials recovery facilities (including primary or secondary smelt-
    ers) which combust  waste for the primary purpose of recover-
    ing metals, (B) qualifying small  power production facilities, as
    defined in section 3(17XC) of the Federal Power  Act (16 U.S.C.
    769(17XC)), or  qualifying cogeneration  facilities, as defined in
    section 3(18XB) of the Federal Power Act (16 U.S.C. 796U8XB)),
    which burn homogeneous waste (such as units which burn tires
    or used oil, but not including refuse-derived fuel) for the pro-

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Sec. 129
CLEAN AIR ACT
130
    duction of electric energy or in the case of qualifying cogenera-
    tion facilities which burn homogeneous waste for the produc-
    tion of electric energy and steam  or  forms of  useful energy
    (such as heat) which are used for industrial, commercial, heat-
    ing or cooling purposes, or (C) air curtain incinerators provided
    that such incinerators only burn wood wastes, yard wastes and
    clean  lumber and that  such air curtain incinerators comply
    with opacity limitations to be established by the Administrator
    by rule.
      (2)  NEW SOLID WASTE INCINERATION  UNIT.—The term  "new
    solid waste incineration unit" means a  solid waste incineration
    unit the construction of which is commenced after the Admin-
    istrator proposes requirements under this section establishing
    emissions standards or other requirements which would be ap-
    plicable to such unit or a  modified solid waste incineration
    unit.
      (3)  MODIFIED  SOLID WASTE INCINERATION  UNIT.—The  term
    "modified  solid  waste incineration unit" means a solid waste
    incineration  unit  at which  modifications have occurred after
    the effective date  of a standard under  subsection (a) if (A)  the
    cumulative cost of the modifications, over the life of the unit,
    exceed  50  per centum of the original cost of construction and
    installation of the unit (not including the cost of any land pur-
    chased  in connection with such construction or installation) up-
    dated to current  costs, or  (B) the  modification is a physical
    change in or change in the method of operation of the unit
    which increases the amount of  any air  pollutant emitted by
    the unit for which standards have been established under this
    section  or section 111.
      (4) EXISTING SOLID WASTE INCINERATION  UNIT.—The term "ex-
    isting solid waste  incineration unit" means a solid waste unit
    which is not a new or modified  solid waste incineration unit.
      (5) MUNICIPAL WASTE.—The term "municipal waste" means
    refuse  (and  refuse-derived  fuel) collected from the general
    public and from residential, commercial, institutional, and in-
    dustrial sources consisting of paper, wood, yard wastes, food
    wastes, plastics, leather, rubber, and other combustible materi-
    als and non-combustible  materials  such as  metal,  glass and
    rock,  provided that:  (A) the term does not include  industrial
    process wastes  or medical  wastes  that  are segregated  from
    such other wastes; and (B)  an incineration unit shall not be
    considered to be combusting municipal waste for purposes of
    section  111 or this section if it combusts a fuel feed stream, 30
    percent or less of the weight of  which  is comprised, in aggre-
    gate, of municipal waste.
      (6) OTHER TERMS.—The terms solid waste and medical waste
    shall have the meanings established by the Administrator pur-
    suant to the Solid  Waste Disposal Act.
 (h) OTHER AUTHORITY.—
      (1) STATE AUTHORITY.—Nothing in this section shall preclude
    or deny the right of any State or political subdivision thereof
    to adopt or enforce any regulation,  requirement,  limitation or
    standard relating to solid waste incineration units that is more

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131	CLEAN AIR ACT	Sec. 130

    stringent than a regulation, requirement,  limitation or stand-
    ard in effect under this section or under any other provision of
    this Act.
      (2) OTHER AUTHORITY UNDER THIS ACT.—Nothing  in this sec-
    tion  shall diminish  the authority of the  Administrator  or a
    State to establish any  other requirements applicable to  solid
    waste incineration units under any other authority of law, in-
    cluding the authority to establish for any air pollutant a na-
    tional ambient air quality standard, except that no solid waste
    incineration unit subject to performance standards under this
    section and section 111  shall be subject  to standards under sec-
    tion  112(d)of this Act.
      (3)  RESIDUAL RISK.—The Administrator shall  promulgate
    standards under section 112(f) for a category of solid waste in-
    cineration units, if promulgation of such standards is required
    under section 112(f). For  purposes  of this preceding sentence
    only—
          (A) the  performance standards  under subsection  (a) and
        section 111 applicable to a category of solid waste inciner-
        ation units  shall  be deemed  standards under  section
        112(dX2), and
          (B) the Administrator shall consider and regulate,  if re-
        quired, the pollutants listed under subsection (aX4)  and no
        others.
      (4) ACID RAIN.—A solid waste incineration unit shall not be a
    utility unit as defined in title IV: Provided, That, more than 80
    per centum of its annual average fuel  consumption measured
    on a Btu basis, during a period or periods to be determined by
    the Administrator, is from a fuel (including any  waste  burned
    as a  fuel) other than a fossil fuel.
      (5) REQUIREMENTS OF  PARTS c AND D.—No requirement of an
    applicable implementation plan under section 165  (relating to
    construction of facilities in regions identified pursuant to sec-
    tion  107(dXlXA) (ii) or (iii)) or  under  section 172(cX5) (relating
    to permits for construction and operation in nonattainment
    areas) may be used  to  weaken the standards in effect under
    this section.
[42 U.S.C. 7429]
SEC. 130. EMISSION FACTORS.
  Within 6  months after enactment of the  Clean Air Act Amend-
ments of 1990, and at least every  3 years thereafter, the Adminis-
trator shall  review and, if necessary, revise,  the methods ("emission
factors") used for purposes  of this Act to estimate the  quantity of
emissions of carbon  monoxide, volatile organic  compounds,  and
oxides of nitrogen  from  sources of such  air pollutants (including
area sources and  mobile  sources).  In addition, the Administrator
shall establish emission factors for sources for which no such meth-
ods have previously been  established by the  Administrator.  The
Administrator shall permit any person to  demonstrate improved
emissions estimating techniques,  and following approval of  such
techniques, the Administrator shall authorize the use of such  tech-
niques. Any such technique may be approved  only after appropri-
ate public participation. Until the Administrator has completed the

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 Sec. 131
CLEAN AIR ACT
132
 revision required by this section, nothing in this section shall be
 construed to affect the validity of emission factors established by
 the  Administrator before the date of the enactment of the Clean
 Air  Act Amendments of 1990.
 (42 U.S.C. 7430]
 SEC. 131. LAND USE AL'THORITY.
  Nothing in this Act  constitutes an infringement on the existing
 authority of counties and  cities  to plan  or control  land use,  and
 nothing in this Act provides or transfers authority over such land
 use.
[42 U.S.C. 7431]

                 [PART B—OZONE PROTECTION] '

   PART C—PREVENTION OF SIGNIFICANT DETERIORATION OF AIR
                            QUALITY 2

                            SUBPART 1

                             PURPOSES

  SEC. 160. The purposes of this part are as follows:
      (1) to protect public  health and welfare  from any actual or
    potential adverse effect which in the Administrator's judgment
    may reasonably  be anticipate 3 to occur from air pollution or
    from exposures to  pollutants in other media, which pollutants
    originate as emissions to the ambient air),4  notwithstanding at-
    tainment and maintenance of all national ambient air quality
    standards;
      (2) to preserve, protect, and enhance  the air quality in na-
    tional parks,  national  wilderness  areas, national  monuments,
    national seashores, and  other areas of special  national  or re-
    gional natural, recreational, scenic, or historic value;
      (3) to insure that economic growth will  occur  in a manner
    consistent with the preservation of existing  clean air resources;
      (4) to assure that emissions from any source in any State will
    not interfere  with any  portion of the applicable implementa-
    tion plan to prevent significant deterioration of air quality for
    any other State; and
      (5) to assure that any decision to permit  increased air pollu-
    tion in any area to which this section applies is made only
    after careful evaluation of all the consequences of such a deci-
    sion and after adequate  procedural opportunities for informed
    public participation in the decisionmaking process.
[42 U.S.C. 7470]

                       PLAN REQUIREMENTS

  SEC. 161.  In accordance with the policy of section  lOl(bXl), each
applicable implementation  plan shall contain emission limitations
  1 Repealed by section 601 of PL 101-549 (104 Stat 2648).
  1 For related provisions, see section 120(b> of Public Law 95-9:> in the appendix to this Act.
  9 So in original public law. Probably should be "anticipated".
  * So in original. Section enacted without opening parentheses.

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133
CLEAN AIR ACT
Sec. 163
and such  other  measures  as may be  necessary,  as determined
under regulations promulgated under this part, to prevent signifi-
cant deterioration of air quality in each region (or portion thereoO
designated pursuant to section 107 as  attainment or unclassifiable.
(42 U.S.C. 7471]

                     INITIAL CLASSIFICATIONS

  SEC. 162. (a) Upon the enactment of this part, all—
      (1) international parks,
      (2)  national  wilderness  areas which exceed  5,000 acres  in
    size,
      (3) national memorial parks which exceed 5,000  acres in size,
    and
      (4) national parks which exceed six thousand acres  in size,
and which are in existence on the date of enactment of the Clean
Air Act Amendments of 1977 shall be  class I areas and may not be
redesignated.  All areas which were redesignated as class I under
regulations promulgated  before such  date of enactment shall be
class  I areas which may be redesignated as provided in this part.
The extent of the  areas designated as Class I under this section
shall  conform to any  changes in the boundaries of such  areas
which have occurred subsequent  to the date of the enactment  of
the Clean Air Act Amendments of 1977, or which may occur subse-
quent to the date of the enactment of the Clean Air Act Amend-
ments of 1990.
  (b)  All areas in such State designated pursuant to section 107(d)
as attainment or unclassifiable which  are not established as class I
under subsection  (a) shall  be class II areas  unless  redesignated
under section  164.
[42 U.S.C. 7472]

                    INCREMENTS AND CEILINGS

  SEC. 163.  (a) In the  case of sulfur oxide and particulate matter,
each applicable implementation plan shall contain measures assur-
ing that maximum allowable increases  over baseline  concentra-
tions  of, and maximum allowable  concentrations of, such pollutant
shall  not be exceeded. In the case of  any maximum  allowable in-
crease (except  an  allowable  increase  specified  under  section
165(dX2XCXiv)) for  a pollutant based  on concentrations permitted
under national ambient air quality standards for any period  other
than  an  annual  period, such  regulations shall permit such maxi-
mum allowable increase to be exceeded during one such period per
year.
  (bXD For any class  I area,  the  maximum allowable increase  in
concentrations of sulfur dioxide and  particulate matter over the
baseline  concentration of such pollutants shall not exceed  the fol-
lowing amounts:
                     Maximum allowable increase

                        [Micniftmrna per ru6ic meter]
     Pollutant
Particulate matter:
   Annual geometric mean....

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Sec. 163
                          CLEAN AIR ACT
134
     Pollutant
    Twenty-four-hour maximum.
Sulfur dioxide:
    Annual arithmetic mean	
    Twenty-four-hour maximum.
    Three-hour maximum	
                             	    10

                             	     2
                                                                5
                             	    25

  (2) For any class II area, the maximum allowable increase in con-
centrations of sulfur dioxide and particulate matter over the base-
line concentration of such pollutants shall not exceed the following
amounts:

                     Maximum allowable increase
                        [Micragram* per cubic meter]
     Pollutant
Particulate matter:
   Annual geometric mean	
   Twenty-four-hour maximum	
Sulfur dioxide:
   Annual arithmetic mean	
   Twenty-four-hour maximum	
   Three-hour maximum	
                              	    19
                              	    37

                              	    20
                              	    91
                              	   512

  (3) For any class III area, the maximum allowable increase in
concentrations of sulfur  dioxide and particulate matter  over the
baseline concentration of such pollutants shall not exceed the fol-
lowing amounts:

                      Maximum allowable increase
                        [Mitrograau per cubic meter]
     Pollutant
Particulate matter:
   Annual geometric mean	
   Twenty-four-hour maximum	
Sulfur dioxide:
   Annual arithmetic mean	
   Twenty-four-hour maximum	
   Three-hour maximum	
                             	    37
                             	    75

                             	    40
                             	   182
                             	   700

  (4) The maximum allowable concentration of any air pollutant in
any area to which this  part  applies shall not exceed a concentra-
tion for such pollutant for each period of exposure equal to—
      (A) the concentration permitted under the national second-
    ary ambient air quality standard, or
      (B) the concentration permitted  under the national primary
    ambient air quality  standard,
whichever  concentration  is  lowest for   such pollutant for  such
period of exposure.
  (cXD In the case of any State which has a plan approved by the
Administrator for purposes of carrying out this part, the Governor
of such State may, after notice and opportunity for public hearing,
issue orders or promulgate rules providing that for purposes of de-
termining  compliance with  the maximum allowable increases in
ambient concentrations of an air pollutant, the following concen-
trations of such pollutant shall not be taken into account:
      (A) concentrations of such pollutant attributable to the in-
    crease in emissions from stationary sources  which have con-
    verted from the use of petroleum  products, or natural gas, or
    both, by reason of an  order which is in effect under the  provi-
    sions of sections 2 (a) and  (b) of the  Energy Supply and Envi-

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135
CLEAN AIR ACT
Sec. 164
    ronmental Coordination Act of 1974 (or any subsequent legisla-
    tion which supersedes such provisions) over the emissions from
    such sources before the effective date of such order.J
      (B) the concentrations of such pollutant attributable to the
    increase in emissions from stationary sources which have con-
    verted from using natural gas  by reason of a natural gas cur-
    tailment pursuant to a  natural gas curtailment plan in  effect
    pursuant to the Federal Power  Act  over the emissions from
    such sources before the effective date of such plan,
      (C) concentrations  of  particulate matter attributable to the
    increase in  emissions from construction  or other temporary
    emission-related activities, and
      (D)  the  increase  in   concentrations  attributable to  new
    sources outside the United States over  the concentrations at-
    tributable to existing sources which are included in the base-
    line concentration determined  in  accordance with  section
    169(4).
  (2)  No action  taken with respect to a source under paragraph
(1XA) or (1KB) shall apply more than five years after the effective
date of the order referred to in paragraph  (IXA)  or the plan re-
ferred to in paragraph (1KB), whichever is applicable. If both such
order and plan  are applicable, no such  action  shall  apply  more
than five years after the later of such effective dates.
  (3) No action under this subsection shall  take effect unless  the
Governor submits the order  or rule providing for such exclusion to
the Administrator  and the  Administrator  determines that such
order or rule is in  compliance with the provisions of this subsec-
tion.
[42 U.S.C. 7473]

                       AREA REDESIGNATION

  SEC. 164. (a) Except  as otherwise  provided  under  subsection (c), a
State may redesignate such areas as it deems appropriate as class I
areas. The following areas may be  redesignated only as class I or
II:
      (1) an area which exceeds ten thousand acres in size and is a
    national monument, a national primitive area,  a national pre-
    serve,  a national  recreation area, a national wild  and scenic
    river, a national  wildlife refuge, a national lakeshore or sea-
    shore, and
      (2) a  national park or national wilderness area established
    after the date of enactment of this Act which exceeds ten thou-
    sand acres in size.
The extent of the areas referred to in paragraph (1) and (2) shall
conform to any changes in the boundaries of such areas which have
occurred subsequent to the date of  the enactment of the Clean  Air
Act Amendments of 1977, or which may occur subsequent to  the
date of the enactment of the Clean  Air Act Amendments of 1990. 2
  1 So in original public law The period probably should be a comma
  2 PL 101-549, sec. 10K(n), 104 Slat. 2469 amended sec. 164(al by making an insertion immedi-
ately before the sentence beginning "Any area (other than an area referred to in paragraph (1)
or (2)1" The amendment should not have included the second parenthesis following (2>

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 Sec. 164
CLEAN AIR ACT
136
 Any area (other than an area referred to in paragraph (1) or (2) or
 an area established as class I under  the first sentence of section
 162(a)) may be redesignated by the State as class III if—
      (A) such redesignation has been specifically approved by the
    Governor of the State, after consultation with the appropriate
    Committees of the legislature if  it is  in session or with the
    leadership of the legislature if it is not in session (unless State
    law provides that such redesignation  must be specifically  ap-
    proved  by State legislation) and  if general purpose  units of
    local government  representing a  majority of the residents of
    the area so redesignated enact  legislation (including  for such
    units of local  government resolutions  where appropriate) con-
    curring in the State's redesignation;
      (B) such redesignation will not  cause, or contribute to, con-
    centrations of any air pollutant which  exceed any maximum
    allowable increase or  maximum allowable  concentration per-
    mitted under the classification of any other area; and
      (C) such redesignation otherwise meets the requirements of
    this part.
Subparagraph (A) of this paragraph shall not apply to area redesig-
nations by Indian tribes.
  (bXIXA) Prior to redesignation of any area under this part, notice
shall  be afforded and  public hearings  shall  be conducted  in areas
proposed to be redesignated and in areas which may be affected by
the proposed redesignation. Prior to any such public hearing a sat-
isfactory description and analysis of the health, environmental,
economic, social, and energy effects of the proposed redesignation
shall  be prepared and made available  for  public inspection and
prior  to any such  redesignation,  the  description and analysis of
such effects shall be reviewed and examined by the redesignating
authorities.
  (B)  Prior  to the issuance of notice  under subparagraph (A)  re-
specting the redesignation  of any area under this  subsection, if
such area includes any Federal lands,  the State shall  provide writ-
ten notice to the appropriate Federal land manager and afford ade-
quate opportunity  (but not in excess of 60 days) to confer  with the
State  respecting the intended notice of redesignation and to submit
written comments and recommendations with respect to  such  in-
tended  notice of redesignation.  In redesignating any area  under
this section with  respect to which any Federal land manager has
submitted written comments and recommendations, the State shall
publish a list of any inconsistency between such redesignation and
such  recommendations and an  explanation  of  such inconsistency
(together with the reasons for making such redesignation against
the recommendation of the Federal land  manager).
  (C)  The Administrator shall  promulgate  regulations not  later
than six months after date of enactment of this part, to assure, in-
sofar  as practicable, that prior to any  public hearing on redesigna-
tion of any area, there shall be  available for public  inspection any
specific plans for any new or modified  major emitting facility
which may be permitted to be constructed and operated only if the
area in question is designated or redesignated as class III.

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137	CLEAN AIR ACT	Sec. 165

  (2) The Administrator may disapprove the redesignation of any
area only if he finds, after notice and opportunity for public hear-
ing, that such redesignation does not meet the procedural  require-
ments of this section  or is inconsistent with  the  requirements of
section 162(a) or of subsection (a) of this section. If any such disap-
proval occurs, the classification  of the area shall be that which was
in effect prior to the redesignation which was disapproved.
  (c) Lands within the exterior  boundaries of reservations of feder-
ally recognized Indian tribes may be redesignated only by the ap-
propriate Indian governing body. Such Indian governing body shall
be subject in all respect to  the provisions of subsection (e).
  (d) The Federal Land Manager shall review all national monu-
ments,  primitive areas, and national  preserves, and shall recom-
mend any appropriate areas for redesignation  as class I where air
quality related values are important attributes of the area. The
Federal   Land  Manager  shall  report   such recommendations,
within l supporting analysis,  to the Congress and  the affected
States within one  year after enactment of  this  section. The  Federal
Land Manager shall consult with  the appropriate  States before
making such recommendations.
  (e) If any State  affected  by the redesignation of any area by an
Indian tribe or any Indian  tribe affected by the redesignation of an
area by a State disagrees with such redesignation of any area, or if
a permit is proposed to be  issued for any new major emitting facili-
ty proposed for construction in any State which the Governor of an
affected State or governing body of an affected Indian tribe deter-
mines  will cause or contribute to a cumulative change in air qual-
ity in excess of that allowed in this part within the  affected  State
or tribal reservation, the Governor or Indian  ruling body may re-
quest the Administrator to enter into negotiations  with the parties
involved to resolve such  dispute. If  requested by  any State or
Indian tribe involved,  the  Administrator shall make a recommen-
dation to resolve  the  dispute and protect the air quality  related
values of the lands involved. If the parties  involved do not reach
agreement, the Administrator shall resolve the dispute and his de-
termination,  or the results of agreements reached through other
means, shall become part  of the applicable plan and shall be en-
forceable  as part of such plan.  In resolving such disputes relating
to area redesignation,  the  Administrator shall consider the extent
to which the lands involved  are of sufficient size to allow effective
air quality management or have air quality related values  of  such
an area.
[42 U.S.C. 7474]

                 PRECONSTRUCTION REQUIREMENTS

  SEC. 165. (a) No major emitting facility on which construction is
commenced after  the date of the enactment of this part,  may be
constructed in any area to  which this part  applies unless—
      (1) a permit has been issued for such proposed facility in ac-
    cordance with this part setting forth  emission limitations for
    such facility  which conform to  the requirements of this  part;
  1 So in original public law. Probably should be "with".

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 Sec. 165
CLEAN AIR ACT
138
      (2) the proposed permit has been subject to a review in ac-
    cordance with this section, the required analysis has been con-
    ducted in accordance with regulations promulgated by the Ad-
    ministrator, and a public hearing has been held with opportu-
    nity for interested persons including representatives of the Ad-
    ministrator to appear and submit written or oral presentations
    on the air quality impact of such source, alternatives thereto,
    control technology requirements, and other appropriate consid-
    erations;
      (3) the owner or operator of such facility demonstrates, as re-
    quired pursuant to section ll(Xj), that emissions from construc-
    tion or operation of such facility will  not cause, or contribute
    to, air pollution in excess of any (A)  maximum allowable in-
    crease or maximum allowable concentration for any pollutant
    in any area to which this part applies more than one time per
    year, (B) national ambient air quality standard in any air qual-
    ity control region, or (C) any other applicable emission stand-
    ard or standard of performance under this Act;
      (4) the proposed facility is subject to the best available con-
    trol technology for  each pollutant subject  to regulation under
    this Act emitted from, or which results from, such facility;
      (5) the provisions of subsection (d) with respect to protection
    of class I areas have been complied with for such facility;
      (6) there has been  an analysis  of any air quality impacts pro-
    jected for the area  as a result of growth associated with such
    facility;
      (7) the person who owns or operates, or proposes to  own or
    operate, a  major emitting facility  for which a permit is re-
    quired under this part  agrees to conduct  such monitoring as
    may be necessary to determine the effect which emissions from
    any such facility may have,  or is having, on air quality in any
    area which may be affected by emissions from such source; and
      (8) in  the case of a source which proposes to construct in a
    class III area, emissions from which would cause or contribute
    to exceeding the maximum allowable increments applicable in
    a class II area and where no standard under section 111 of this
    Act has  been promulgated  subsequent  to enactment of the
    Clean Air Act Amendments of 1977, for  such source category,
    the Administrator  has approved the determination  of best
    available technology as set forth  in the permit.
  (b)  The demonstration pertaining to  maximum allowable in-
creases required under subsection (aX3) shall  not apply  to maxi-
mum  allowable increases for class II areas in the case of an expan-
sion or modification of a major emitting facility which is in exist-
ence on the date of enactment of the  Clean Air Act Amendments of
1977,  whose  allowable emissions of air pollutants,  after compliance
with subsection (aX4), will be less than  fifty tons  per year and for
which the owner or operator of such  facility  demonstrates that
emissions of particulate matter and  sulfur oxides will not cause or
contribute to ambient air quality levels in excess of the national
secondary ambient  air quality standard for either of such pollut-
ants.

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139
CLEAN AIR ACT
Sec. 165
  (c) Any completed permit application  under section 110 for a
major emitting facility in any area to which this part applies shall
be granted or denied not later than one year after the date of filing
of such completed application.
  (dXD Each State shall transmit to the Administrator a copy of
each permit application relating to a major emitting facility re-
ceived by such State and provide  notice to the Administrator of
every action related to the consideration of such permit.
  (2XA) The Administrator shall provide notice of the permit appli-
cation to the  Federal Land Manager  and  the  Federal official
charged  with  direct responsibility  for management  of any lands
within a class I area which may be affected by emissions from the
proposed facility.
  (B) The Federal Land Manager and the Federal official charged
with direct responsibility for management of such lands shall have
an affirmative responsibility to protect the  air quality related
values (including visibility) of any such lands within  a class  I area
and to consider, in consultation with the Administrator, whether a
proposed major emitting  facility will have an adverse impact  on
such values.
  (CXi) In any case where the Federal official charged with  direct
responsibility for  management of any lands within a class I area or
the Federal Land Manager of such lands, or the Administrator, or
the Governor of  an adjacent State containing such a class I area
files a notice alleging that emissions from a proposed major emit-
ting facility may  cause or contribute to a  change in the air quality
in such area and identifying the potential adverse impact of such
change, a permit shall not be issued  unless the owner or operator
of such facility demonstrates that emissions of participate matter
and sulfur dioxide  will not cause or contribute to concentrations
which exceed the maximum allowable increases for a class I area.
  (ii) In any case where the Federal Land  Manager  demonstrates
to the satisfaction of the State that the emissions from such facility
will have an adverse impact on the air quality-related values (in-
cluding visibility) of such lands, notwithstanding the fact that the
change in air quality  resulting  from emissions from such facility
will not  cause or contribute  to concentrations which  exceed  the
maximum allowable increases for a class I area, a permit shall not
be issued.
  (iii) In  any case where the owner or operator of such facility dem-
onstrates to the satisfaction of the Federal Land Manager, and the
Federal Land Manager so certifies, that the emissions from such fa-
cility will have no adverse impact on the  air quality-related values
of such lands (including  visibility) notwithstanding  the  fact that
the change in air quality resulting from emissions from such facili-
ty will cause or contribute to concentrations which exceed the max-
imum allowable  increases for class I areas, the State may issue a
permit.
  (iv) In  the case of a permit issued pursuant to clause  (iii), such
facility shall comply with  such emission limitations under such
permit as  may be necessary to assure  that emissions  of  sulfur
oxides and participates from such facility, will not cause or contrib-
ute to concentrations of such pollutant which exceed the following

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Sec. 165
                          CLEAN AIR ACT
140
maximum allowable increases over the baseline concentration for
such pollutants:
                     Maximum allowable increase

                        [Aficrograms per cubic meter]
Participate matter:
   Annual geometric mean	
   Twenty-four-hour maximum	
Sulfur dioxide:
   Annual arithmetic mean	
   Twenty-four-hour maximum	
   Three-hour maximum..	
                             	    19
                             	    37

                             	    20
                             	    91
                             	   325

  (DXO In any case where the owner or operator of a proposed
major emitting facility who has been denied a certification under
subparagraph (CXiii) demonstrates to the satisfaction of the Gover-
nor, after notice  and public hearing, and the Governor finds, that
the facility  cannot be constructed by reason of any maximum al-
lowable increase  for sulfur dioxide for periods of twenty-four hours
or less applicable to any class I area and, in the case of  Federal
mandatory class  I areas, that a variance under this clause will not
adversely affect the air quality related values of the area (including
visibility), the Governor,  after consideration of the Federal Land
Manager's recommendation (if any) and subject to his concurrence,
may grant a variance from such maximum allowable increase. If
such  variance is  granted, a permit  may be issued  to such source
pursuant to the requirements  of this subparagraph.
  (ii)  In any case in which the Governor recommends a variance
under this subparagraph in which the Federal Land Manager does
not concur,  the recommendations of the Governor and the Federal
Land Manager shall be transmitted to the President. The President
may approve the Governor's recommendation if he finds that such
variance is  in the national  interest.  No Presidential finding shall
be reviewable in any  court. The variance shall take effect if the
President approves  the Governor's  recommendations. The Presi-
dent  shall  approve or disapprove  such recommendation  within
ninety days after his receipt of the recommendations of the Gover-
nor and the Federal Land Manager.
  (iii) In the case of a permit issued pursuant to this subparagraph,
such  facility shall comply  with  such emission limitations under
such permit as may be necessary to assure that emissions of sulfur
oxides from such  facility will not (during any day on which the oth-
erwise applicable  maximum allowable  increases  are exceeded)
cause or contribute to concentrations which exceed the  following
maximum allowable increases for such areas over  the baseline con-
centration for such pollutant and to assure that such emissions will
not cause or contribute to concentrations which exceed the other-
wise applicable maximum allowable  increases for periods of expo-
sure of 24 hours  or less on  more than 18 days during any annual
period:
                     Maximum allowable increase

                        [Uicrogrunu per cubic meler\
Period of exposure:
   Low terrain areas:
      24-hr maximum..
      3-hr maximum....
                                                              36
                                                             130

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141
                         CLEAN  AIR ACT
Sec. 165
   High terrain areas:
      24-hr maximum.
      3-hr maximum...
                       	    62
                       	   221
  (iv) For  purposes of clause  (iii), the  term "high  terrain area"
means with respect to any facility, any area having an elevation of
900 feet or more above the base of the stack of such facility, and
the term "low terrain area" means any area other than a high ter-
rain area.
  (eXD The review provided for in subsection (a) shall be preceded
by an analysis in accordance with regulations of the Administrator,
promulgated under this subsection, which may be conducted by the
State (or any general purpose  unit of local government) or by the
major emitting facility applying for such permit, of the ambient air
quality at the proposed site and in areas which may  be affected by
emissions from such facility for each pollutant subject to regulation
under this Act which will be emitted from such facility.
  (2) Effective one year after  date of enactment of  this part, the
analysis required by this  subsection shall  include continuous  air
quality  monitoring data  gathered  for purposes  of determining
whether emissions from such facility will exceed the maximum al-
lowable increases or the maximum allowable concentration permit-
ted under  this  part. Such data shall be gathered over a period of
one calendar year preceding the  date of application for a permit
under this part  unless the State, in accordance with regulations
promulgated by the Administrator, determines that a complete and
adequate  analysis  for such purposes may be accomplished in a
shorter period. The results of such analysis shall be available  at
the time of the public hearing on the application for such permit.
  (3) The Administrator shall  within six months after the date of
enactment of this part promulgate regulations respecting the anal-
ysis required under this subsection which regulations—
      (A) shall not require the use of any automatic or uniform
    buffer zone or zones,
      (B) shall require an analysis of the ambient air quality,  cli-
    mate and meteorology, terrain, soils and vegetation, and visi-
    bility at the site of the proposed major  emitting facility and in
    the area potentially affected by the emissions from such facili-
    ty for  each pollutant  regulated under  this Act  which will be
    emitted from, or which results from the construction or oper-
    ation of, such facility, the size and nature of the proposed facil-
    ity, the degree of continuous emission reduction which could be
    achieved by such facility, and such other factors  as may be rel-
    evant in determining  the  effect of emissions from a proposed
    facility on any air quality control region,
      (C) shall  require the results of such analysis shall  be' avail-
    able at the time of the public hearing on the application  for
    such permit,  and
      (D) shall specify with reasonable particularity  each air qual-
    ity  model or models to be used under specified sets of condi-
    tions for purposes of this part.
 1 So in original. Probably should be "to be".

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Sec. 166
CLEAN AIR ACT
142
Any model or models designated under such regulations may be ad-
justed upon a  determination,  after notice and opportunity for
public hearing, by the Administrator that such adjustment is nec-
essary to take into account unique terrain or meteorological char-
acteristics of an area  potentially affected  by emissions from  a
source applying for a permit required under this part.
[42 U.S.C. 7475]

                       OTHER POLLUTANTS

  SEC. 166. (a) In the case of the  pollutants hydrocarbons, carbon
monoxide, photochemical oxidants, and nitrogen oxides, the Admin-
istrator shall  conduct a study and not later than two years after
the date of enactment of this part, promulgate regulations to pre-
vent the significant deterioration of air quality which would result
from the emissions  of such pollutants. In the case of pollutants for
which national  ambient  air  quality standards are promulgated
after  the  date of the enactment of this part, he shall promulgate
such regulations not more than 2 years after the date of promulga-
tion of such standards.
  (b) Regulations referred to in subsection (a) shall become effective
one year  after the  date of  promulgation. Within 21 months after
such date of promulgation such plan revision shall be submitted to
the Administrator who shall approve or disapprove the plan within
25 months after such date or promulgation in the same manner as
required under section 110.
  (c) Such regulations shall provide specific numerical measures
against which permit applications may be evaluated, a framework
for stimulating improved control technology, protection of air qual-
ity  values, and fulfill the goals and purposes  set forth in section
101 and section 160.
  (d)  The regulations of the  Administrator under  subsection (a)
shall  provide specific measures  at least as effective as the incre-
ments established in section 163 to fulfill such goals and purposes,
and may contain air  quality increments, emission density require-
ments, or other measures.
  (e) With respect to any air pollutant  for which a national ambi-
ent air quality standard is established other than sulfur oxides or
particulate matter, an area classification plan shall not be required
under this section if the implementation plan adopted by the State
and submitted for the Administrator's approval or promulgated by
the Administrator  under section  110(c) contains other provisions
which when  considered as  a  whole, the  Administrator  finds will
carry out the purposes in section  160 at least  as effectively as an
area classification plan for such pollutant. Such other provisions
referred  to in the preceding sentence need not require the estab-
lishment of maximum allowable increases with respect to such pol-
lutant for any area  to which this section applies.
  (f) PM-10  INCREMENTS.—The Administrator is authorized to sub-
stitute, for the maximum allowable increases in particulate matter
specified in section  163(b) and section 165(dX2XCXiv), maximum al-
lowable increases in particulate matter with an aerodynamic diam-
eter smaller than or equal to  10 micrometers. Such substituted
maximum allowable increases shall be of equal stringency in effect

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143	CLEAN  AIR ACT	Sec. 169

as those specified in the provisions for which they are substituted.
Until the Administrator promulgates regulations under the author-
ity of this subsection, the current maximum allowable increases in
concentrations of particulate matter shall remain in effect.
[42 U.S.C. 7476]

                          ENFORCEMENT

  SEC. 167.  The Administrator shall, and a State  may, take such
measures, including issuance of an order,  or seeking injunctive
relief, as necessary to prevent the construction or modification of a
major emitting facility which does not conform to the requirements
of this part, or which is proposed to be constructed  in any area des-
ignated pursuant to section  107(d) as attainment or unclassifiable
and  which is not subject to  an  implementation plan  which meets
the requirements of this part.
[42 U.S.C. 7477]

                  PERIOD BEFORE PLAN APPROVAL

  SEC. 168,  (a) Until such time  as  an applicable  implementation
plan is in effect for any area, which plan meets the requirements
of this part  to prevent significant deterioration of  air quality with
respect to any air pollutant, applicable regulations under this Act
prior to  enactment of this part  shall remain  in effect to prevent
significant deterioration of air quality in any such area for any
such pollutant except as otherwise provided in subsection (b).
  (b) If any  regulation in effect prior to enactment of this part to
prevent significant deterioration  of air quality would  be  inconsist-
ent with  the requirements of section 162(a), section 163(b) or sec-
tion  164fa), then such regulations shall be deemed amended so as to
conform  with such requirements. In the case of a facility on which
construction was commenced (in  accordance with this definition of
"commenced" in  section 169(2)) after June 1, 1975, and prior to the
enactment of the Clean Air  Act Amendments of 1977, the review
and permitting of such facility shall be in accordance with the reg-
ulations  for  the  prevention  of  significant deterioration  in effect
prior to the enactment  of the Clean Air Act Amendments of 1977.
[42 U.S.C. 7478]

                          DEFINITIONS

  SEC. 169. For purposes of this part—
      (1) The term "major emitting facility" means any of the fol-
    lowing stationary sources of air pollutants  which emit, or have
    the potential to emit, one  hundred tons per  year or more of
    any  air  pollutant   from the  following  types of stationary
    sources: fossil-fuel fired steam electric plants of more than two
    hundred and fifty million British thermal  units per hour heat
    input, coal cleaning plants (thermal  dryers), kraft pulp mills,
    Portland Cement plants, primary zinc smelters, iron and steel
    mill  plants,  primary aluminum ore reduction  plants, primary
    copper smelters,  municipal  incinerators  capable of charging
    more than fifty tons of  refuse per day, hydrofluoric, sulfuric,
    and nitric acid plants, petroleum refineries, lime  plants, phos-

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Sec. 169	CLEAN AIR ACT	144

    phate rock processing plants, coke oven batteries, sulfur recov-
    ery plants, carbon black plants (furnace process) primary lead
    smelters,  fuel  conversion  plants, sintering plants,  secondary
    metal production facilities, chemical process plants, fossil-fuel
    boilers  of more than two hundred and fifty  million  British
    thermal units per  hour heat  input,  petroleum storage and
    transfer facilities with  a capacity exceeding  three hundred
    thousand  barrels,  taconite ore processing  facilities, glass fiber
    processing plants,  charcoal production facilities. Such term
    also includes any  other source with the potential to emit two
    hundred and fifty tons per year or more of any air pollutant.
    This term shall not include  new or modified  facilities which
    are nonprofit health or education institutions which  have been
    exempted by the State.
      (2XA) The term "commenced" as applied to construction of a
    major emitting facility means that  the owner or operator  has
    obtained all necessary preconstruction approvals or permits re-
    quired by Federal, State, or local air pollution emissions and
    air quality  laws  or regulations and either has (i)  begun, or
    caused to  begin, a continuous program of physical on-site con-
    struction of the facility or  (ii) entered into  binding agreements
    or contractual obligations, which cannot be canceled or modi-
    fied without substantial loss to the owner or operator, to un-
    dertake a  program of construction of the facility to be complet-
    ed within  a reasonable time.
      (B) The term "necessary preconstruction approvals or per-
    mits" means those permits or approvals required by the per-
    mitting authority as a precondition to undertaking any activity
    under clauses (i) or  (ii) of subparagraph (A) of  this paragraph.
      (C) The term "construction" when used in connection with
    any source or facility, includes the  modification (as  defined in
    section lll(a)) of any source or facility.
      (3) The  term "best available  control  technology"  means  an
    emission limitation based on the maximum degree of reduction
    of each pollutant subject to regulation under this Act emitted
    from or which results from any major emitting facility, which
    the permitting authority,  on a  case-by-case basis, taking into
    account energy,  environmental,  and  economic impacts and
    other costs,  determines is  achievable for such facility through
    application of production processes and available methods, sys-
    tems, and techniques, including fuel cleaning, ' clean fuels, or
    treatment or innovative fuel combustion techniques for  control
    of each such pollutant. In no event shall application of "best
    available control technology" result in  emissions of any pollut-
    ants which will exceed the emissions allowed by any  applicable
    standard established pursuant to section 111 or 112 of this Act.
    Emissions from any source utilizing clean fuels, or  any other
    means,  to comply  with this paragraph shall not be  allowed to
    increase above levels that would have been required  under this
  1 PL 101-549, sec. 403(d), 104 Stat 2631, amended section 169(3! by inserting ", clean fuels,"
after "including fuel cleaning,". The comma following "including fuel cleaning" did not exist.

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145	CLEAN AIR ACT	Sec. 169A

    paragraph as it existed  prior to enactment of the Clean Air
    Act Amendments of 1990.
      (4) The term "baseline concentration" means, with respect to
    a pollutant,  the ambient concentration levels which  exist at
    the time of the first application for a permit in an area subject
    to this part, based on air quality data available in the Environ-
    mental Protection Agency or a  State  air pollution control
    agency and on such monitoring data as the permit applicant is
    required to submit. Such  ambient concentration levels shall
    take into account  all  projected emissions  in, or which  may
    affect,  such area from  any major emitting facility on which
    construction  commenced prior to  January 6,  1975, but which
    has not begun operation by the date of the baseline air quality
    concentration determination.  Emissions of sulfur oxides and
    particulate matter from any major emitting facility on which
    construction commenced after January 6, 1975, shall not be in-
    cluded in  the baseline  and shall be counted against the maxi-
    mum allowable increases  in  pollutant  concentrations estab-
    lished under this part.
[42 U.S.C. 7479]

                           SUBPART 2

         VISIBILITY PROTECTION  FOR FEDERAL CLASS I AREAS

  SEC. 169A. (a)(l) Congress hereby declares as a national goal the
prevention of  any future, and  the remedying of any existing, im-
pairment of visibility in mandatory class I  Federal areas which im-
pairment results from manmade air pollution.
  (2) Not later than six months after the date of the enactment of
this  section,  the Secretary  of the Interior in consultation  with
other Federal land managers shall  review all  mandatory class  I
Federal areas and identify those where visibility  is an important
value of the area. From time to time the Secretary of the  Interior
may revise such identifications. Not later than  one year after  such
date of enactment, the Administrator shall, after consultation  with
the Secretary of the Interior, promulgate a  list of mandatory class I
Federal areas in which he determines visibility  is an important
value.
  (3) Not later than eighteen months after the date of enactment of
this section, the Administrator shall complete a study and report to
Congress on available methods  for implementing the national goal
set forth in paragraph (1).  Such report shall include recommenda-
tions for—
      (A)  methods for  identifying,  characterizing,  determining,
    quantifying, and  measuring visibility  impairment in  Federal
    areas referred to in paragraph (1), and
      (B) modeling techniques  (or other methods) for  determining
    the  extent to which manmade air  pollution may reasonably be
    anticipated to cause or contribute to such impairment, and
      (C) methods for preventing and remedying such  manmade
    air pollution and resulting visibility impairment.
Such report shall also identify  the classes  or categories of sources
and the types of air pollutants  which,  alone or in conjunction with

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 Sec. 169A
CLEAN AIR ACT
146
 other sources or pollutants, may reasonably be anticipated to cause
 or contribute significantly to impairment of visibility.
  (4) Not later than twenty-four months after  the date  of enact-
 ment of this section, and after notice and public hearing, the Ad-
 ministrator shall promulgate regulations to assure (A) reasonable
 progress toward meeting the national goal specified in paragraph
 (1), and (B) compliance with the requirements of this section.
  (b) Regulations under subsection (aX4) shall—
      (1) provide guidelines to the States, taking into account the
    recommendations under subsection (aX3) on appropriate tech-
    niques and methods for implementing this section (as provided
    in subparagraphs (A) through (C) of such subsection (aX3)), and
      (2) require each applicable implementation plan for a State
    in which any area listed by the Administrator under subsec-
    tion (aX2) is located (or for a State the emissions from which
    may reasonably be anticipated to cause or contribute to  any
    impairment of visibility  in any such  area) to contain  such
    emission limits, schedules of compliance and other measures as
    may be necessary to make reasonable progress  toward meeting
    the national goal specified in subsection (a), including—
          (A) except as otherwise provided pursuant to subsection
        (c), a requirement that each major stationary source which
        is in existence on the date of enactment of this section, but
        which has not been  in  operation  for more than fifteen
        years as of such date, and which, as determined by the
        State (or the Administrator in the case of a plan promul-
        gated under section ll(Kc)) emits any air pollutant which
        may reasonably be anticipated to  cause or contribute to
        any impairment of visibility in any such  area, shall pro-
        cure, install, and operate,  as expeditiously as practicable
        (and maintain thereafter) the best available retrofit tech-
        nology, as determined by the State (or  the Administrator
        in the case of a plan promulgated under section HCKc)) for
        controlling emissions from such source  for the purpose of
        eliminating or reducing any such impairment,  and
          (B) a long-term (ten to fifteen years) strategy for making
        reasonable progress toward meeting the national goal spec-
        ified in subsection (a).
In the case of a fossil-fuel  fired generating powerplant having a
total generating capacity in excess  of 750 megawatts, the  emission
limitations required under this paragraph shall be determined pur-
suant to guidelines, promulgated by the Administrator under para-
graph (1).
  (cXD The Administrator may, by rule, after notice and opportuni-
ty for public hearing, exempt any major stationary  source from the
requirement of subsection (bX2XA), upon  his determination  that
such source does not or  will not, by itself or in combination  with
other sources, emit any air pollutant which may reasonably be an-
ticipated to  cause or contribute to a significant impairment of visi-
bility in any mandatory class I Federal area.
  (2) Paragraph (1) of this subsection shall not be applicable to any
fossil-fuel fired  powerplant  with  total  design  capacity of  750
megawatts or more, unless the owner or operator of any such plant

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147	CLEAN AIR ACT	Sec. IMA

demonstrates to the  satisfaction of the Administrator that such
powerplant is located at such distance from all areas listed by the
Administrator under subsection (aX2) that such powerplant  does
not or will not, by itself or in combination with other sources, emit
any air pollutant which may reasonably be anticipated to cause or
contribute to significant impairment of visibility in any such area.
  (3)  An exemption under this subsection shall  be effective  only
upon  concurrence by the appropriate Federal land manager  or
managers with the Administrator's determination under  this sub-
section.
  (d) Before holding the public  hearing on the proposed revision of
an applicable implementation  plan to meet the requirements of
this section, the State (or the Administrator, in the case of a  plan
promulgated under section IKXc)) shall consult in person  with the
appropriate Federal land manager or managers and shall include a
summary of the conclusions and recommendations of the Federal
land managers in the notice to the public.
  (e) In promulgating regulations under this section, the Adminis-
trator shall  not require the use of any automatic or uniform buffer
zone or zones.
  (f) For purposes of section 304(aX2),  the meeting  of the national
goal specified in subsection (aXl) by any specific date or dates shall
not be considered a "nondiscretionary duty"  of the Administrator.
  (g) For the purpose  of this section—
      (1) in determining reasonable progress there shall be taken
    into consideration the costs of compliance, the time necessary
    for compliance,  and the energy and nonair quality  environ-
    mental impacts of compliance, and the remaining useful life of
    any existing source subject  to such requirements;
      (2)  in determining best  available retrofit technology  the
    State (or the  Administrator in determining emission  limita-
    tions which reflect such technology) shall take into consider-
    ation the costs of compliance,  the energy and nonair quality
    environmental  impacts  of  compliance, any existing pollution
    control  technology  in use at the source,  the  remaining useful
    life of the source, and the  degree  of improvement in  visibility
    which may reasonably be anticipated to result from the use of
    such technology;
      (3) the term "manmade  air  pollution" means  air pollution
    which results directly or indirectly from human activities;
      (4) the term "as expeditiously as practicable" means as expe-
    ditiously as practicable but in  no event  later than five years
    after the date of approval of a plan revision under this section
    (or the date of promulgation of such a plan revision in the case
    of action by the Administrator under section 110(c) for  pur-
    poses of this section);
      (5) the term "mandatory  class I Federal areas" means Feder-
    al areas which may  not be designated as other than  class I
    under this part;
      (6)  the terms "visibility impairment" and "impairment of
    visibility" shall  include reduction in visual range and atmos-
    pheric discoloration; and

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 Sec. 169B	CLEAN AIR ACT	148

       (7) the term "major stationary  source"  means the following
    types of stationary sources with the potential to emit 250 tons
    or more of any pollutant;  fossil-fuel fired steam electric plants
    of more than 250 million  British  thermal units per hour heat
    input, coal cleaning plants (thermal dryers), kraft pulp mills,
    Portland Cement plants, primary zinc smelters, iron and steel
    mill plants, primary aluminum ore reduction plants, primary
    copper  smelters,  municipal incinerators  capable  of charging
    more than 250 tons  of  refuse  per day, hydrofluoric, sulfuric,
    and nitric acid plants, petroleum  refineries, lime plants, phos-
    phate rock processing plants, coke oven batteries, sulfur recov-
    ery plants, carbon black plants (furnace process), primary lead
    smelters, fuel  conversion  plants, sintering plants, secondary
    metal production facilities, chemical process plants, fossil-fuel
    boilers of more than 250 million British thermal units per hour
    heat input, petroleum storage and transfer facilities with a ca-
    pacity exceeding  300,000 barrels, taconite  ore processing facili-
    ties, glass fiber  processing plants, charcoal  production  facili-
    ties.
[42 U.S.C. 7491]
SEC. 169B. VISIBILITY.
  (a) STUDIES.—(1) The Administrator, in conjunction with the Na-
tional  Park Service and other appropriate Federal agencies, shall
conduct research to  identify and evaluate sources  and source re-
gions of both visibility impairment and regions that provide pre-
dominantly  clean air  in class I areas. A total of $8,000,000 per year
for 5 years is authorized to be appropriated  for the Environmental
Protection Agency  and the other Federal agencies to conduct this
research. The research shall  include^-
      (A) expansion of current visibility related monitoring in class
    I areas;
      {B) assessment  of current sources of visibility impairing pol-
    lution and clean air corridors;
      (C) adaptation  of regional air quality models for the  assess-
    ment of visibility;
      (D) studies of atmospheric chemistry and physics of visibility.
  (2) Based on the findings available from the  research required in
subsection (aXD as well as other available  scientific and technical
data, studies, and other available information pertaining to visibili-
ty source-receptor  relationships, the Administrator  shall conduct
an assessment and evaluation that identifies, to the extent possible,
sources and source regions of visibility impairment including natu-
ral sources  as  well as source regions of clear air for class I areas.
The Administrator shall produce interim findings from this study
within 3 years after enactment of the Clean Air Act Amendments
of 1990.
  (b) IMPACTS OF OTHER PROVISIONS.—Within  24  months after en-
actment of  the Clean Air Act Amendments of 1990, the Adminis-
trator  shall  conduct  an assessment of the progress and improve-
ments  in visibility in  class I areas that are likely to result from the
implementation of the provisions of  the Clean  Air  Act Amend-
ments of 1990 other  than the provisions of this section. Every  5
years thereafter the Administrator  shall conduct an assessment of

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149	CLEAN AIR ACT	Sec. 169B

actual progress and improvement in visibility in class I areas. The
Administrator shall  prepare a written report on each assessment
and transmit copies of these reports to the appropriate committees
of Congress.
  (c) ESTABLISHMENT OF VISIBILITY  TRANSPORT REGIONS  AND  COM-
MISSIONS.—
      (1) AUTHORITY TO ESTABLISH VISIBILITY TRANSPORT REGIONS.—
    Whenever, upon the Administrator's motion or by  petition
    from the Governors of at least two affected  States, the Admin-
    istrator has reason to  believe that the current  or projected
    interstate transport of air  pollutants from one or more States
    contributes  significantly to  visibility impairment in class I
    areas located in  the affected States, the Administrator may  es-
    tablish a  transport region for such pollutants that includes
    such States. The Administrator, upon the Administrator's own
    motion or  upon petition from the  Governor of any  affected
    State, or upon the recommendations of a transport commission
    established under subsection (b) of this section may—
          (A)  add any  State or portion of a State to a visibility
        transport  region when the Administrator determines that
        the interstate transport of air pollutants from such State
        significantly contributes to visibility impairment in a class
        I area located within the transport region, or
          (B)  remove any State  or portion of a State from the
        region whenever the Administrator has reason  to believe
        that the control of emissions in that State or portion of the
        State  pursuant to this section will  not significantly con-
        tribute to the  protection or enhancement of visibility in
        any class I area in the  region.
      (2) VISIBILITY  TRANSPORT COMMISSIONS.—Whenever the Ad-
    ministrator  establishes  a  transport  region  under subsection
    (cKD, the Administrator shall establish a transport commission
    comprised of (as a  minimum) each of the following members:
          (A) the  Governor of each State in  the Visibility Trans-
        port Region, or the Governor's designee;
          (B) The Administrator or the Administrator's designee;
        and
          (C)  A representative of each  Federal agency charged
        with the direct management of each class I area or areas
        within the Visibility Transport Region.
      (3) All representatives of the Federal Government shall be ex
    officio members.
      (4) The visibility transport commissions shall be exempt from
    the requirements of the Federal  Advisory  Committee Act (5
    U.S.C. Appendix 2, Section  1).
  (d) DUTIES OF VISIBILITY TRANSPORT COMMISSIONS.—A Visibility
Transport Commission—
      (1) shall assess the scientific and technical data, studies, and
    other currently  available  information,  including studies con-
    ducted pursuant to subsection (aXD, pertaining to adverse im-
    pacts on visibility from potential or projected growth in emis-
    sions from sources  located in the Visibility Transport Region;
    and

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Sec. 171
CLEAN AIR ACT
150
      (2) shall, within 4 years of establishment,  issue a report to
    the  Administrator  recommending  what  measures,  if  any,
    should be taken under the Clean Air Act to remedy such ad-
    verse impacts. The report required by this subsection shall ad-
    dress at least the following measures:
          (A) the establishment of clean air corridors, in which ad-
        ditional restrictions on increases in emissions may be ap-
        propriate to protect visibility in affected class I areas;
          (B) the imposition of the requirements of part D of this
        title  affecting the construction of new  major stationary
        sources or major modifications to existing sources in  such
        clean  air  corridors specifically  including the alternative
        siting analysis provisions of section 173(aX5); and
          (C) the promulgation  of regulations under section  169A
        to  address long range strategies for addressing regional
        haze which impairs visibility in affected class I areas.
  (e) DUTIES OF THE  ADMINISTRATOR.—(1) The Administrator shall,
taking into account  the studies pursuant to subsection  (aXD and
the reports pursuant to subsection (dX2) and any other relevant in-
formation, within eighteen months of receipt of the report referred
to in subsection (dX2) of this section,  carry out the Administrator's
regulatory  responsibilities  under  section 169A, including criteria
for measuring "reasonable progress" toward the national goal.
  (2) Any regulations promulgated under section  169A of this title
pursuant to this subsection shall  require affected States to revise
within 12 months their implementation plans under section 110 of
this title to contain such emission limits, schedules of compliance,
and other measures  as may be necessary to carry out regulations
promulgated pursuant to this subsection.
  (f) GRAND CANYON VISIBILITY TRANSPORT COMMISSION.—The Ad-
ministrator pursuant to subsection (cXD shall, within 12 months,
establish a  visibility transport commission for the region affecting
the visibility of the Grand Canyon National Park.
(42 U.S.C. 7492]

    PART D—PLAN REQUIREMENTS  FOR NONATTAINMENT AREAS '

      Subpart 1—Nonattainment Areas in General

Sec. 171. Definitions.
Sec. 172. Nonattainment plan provisions [in general].'
Sec. 173. Permit requirements.
Sec. 174. Planning procedures.
[Sec. 175A. Maintenance plans.]'
Sec. 175. Environmental Protection Agency grants.
Sec. 176. Limitations on certain Federal assistance.
[Sec. 176A. Interstate transport commissions.]'
Sec. 177. New motor vehicle emission standards in nonattainment areas.
Sec. 178. Guidance documents.
[Sec. 179. Sanctions and consequences of failure to attain.]'
[Sec. 179B. International border areas.]'
  1 So in original. Table does not conform to section headings as noted in brackets.

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151	CLEAN AIR ACT	Sec. 172

                          DEFINITIONS

  SEC. 171. For l the purpose of this part—
      (1) REASONABLE  FURTHER  PROGRESS.—The term  "reasonable
    further progress"  means such  annual  incremental reductions
    in emissions of the relevant air pollutant as are  required by
    this part or may reasonably be required by the Administrator
    for the purpose  of ensuring attainment of the applicable na-
    tional ambient air quality standard by the applicable date.
      (2) NONATTAINMENT AREA.—The  term "nonattainment area"
    means, for any air pollutant, an area which is designated "non-
    attainment" with respect to that pollutant within the meaning
    of section 107(d).
      (3) The term "lowest achievable emission  rate" means for
    any source, that rate of emissions which reflects—
          (A) the most stringent emission limitation which is con-
        tained in the  implementation plan of any State for such
        class or category of source,  unless the  owner or operator  of
        the proposed source demonstrates that such limitations are
        not achievable, or
          (B)  the most  stringent  emission   limitation which  is
        achieved in  practice by such  class or category of source,
        whichever is more stringent.
    In no event  shall  the  application of this term permit a pro-
    posed new or modified source to emit any pollutant in excess  of
    the amount allowable  under applicable new  source standards
    of performance.
      (4) The  terms "modifications"  and "modified" mean the
    same as the term "modification" as used  in section lll(aX4)  of
    this Act.
[42 U.S.C. 7501]
SEC. 172. NONATTAINMENT PLAN PROVISIONS IN GENERAL.
  (a) CLASSIFICATIONS AND ATTAINMENT DATES.—
      (1) CLASSIFICATIONS.—(A) On  or after the date the Adminis-
    trator promulgates the designation of an  area as a nonattain-
    ment  area pursuant to section  107(d) with respect to any na-
    tional ambient air quality  standard (or any revised standard,
    including a revision of any standard in effect on the date of the
    enactment of the Clean Air Act Amendments of 1990), the Ad-
    ministrator may classify the area  for the purpose  of applying
    an  attainment date pursuant to paragraph (2), and for other
    purposes.  In determining the appropriate  classification, if any,
    for a nonattainment area, the Administrator  may consider
    such factors as the severity of nonattainment in such area and
    the availability and  feasibility  of  the  pollution  control meas-
    ures that the Administrator believes may be  necessary to pro-
    vide for attainment of such standard in such area.
      (B) The Administrator shall publish  a notice in  the Federal
    Register  announcing each classification   under  subparagraph
    (A), except the Administrator shall provide an opportunity for
  1 For related provisions, see sections 12*al and 129(c) of Public Law 95-95 in the appendix to
this Act.

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Sec. 172
CLEAN AIR ACT
152
    at least 30 days for written comment. Such classification shall
    not be subject to the provisions of sections 553 through 557 of
    title 5 of the United States Code (concerning  notice and com-
    ment) and  shall not be subject to judicial review until the Ad-
    ministrator takes final action under subsection (k) or (1) of sec-
    tion 110 (concerning action on plan submissions) or section 179
    (concerning sanctions) with respect to any plan submissions re-
    quired by virtue of such classification.
      (C) This paragraph shall not apply with respect to nonattain-
    ment areas for which  classifications are specifically provided
    under other provisions of this part.
      (2) ATTAINMENT DATES FOR NONATTAINMENT  AREAS.—(A) The
    attainment date for an area designated nonattainment with re-
    spect to a national primary ambient air quality standard shall
    be the date by which attainment can be achieved as expedi-
    tiously as practicable, but no later than 5 years from the date
    such area was designated nonattainment under section  107(d),
    except that the Administrator may extend the  attainment date
    to the extent the Administrator determines appropriate, for a
    period no greater than 10 years from the date of designation as
    nonattainment, considering the severity of nonattainment and
    the availability and feasibility of pollution control measures.
      (B) The attainment date for an area designated nonattain-
    ment with  respect to a secondary national ambient air quality
    standard shall  be  the  date  by  which  attainment can  be
    achieved as expeditiously as practicable after the date such
    area was designated nonattainment under section 107(d).
      (C) Upon application  by any State, the Administrator may
    extend for  1 additional  year  (hereinafter  referred to as the
    "Extension Year") the attainment date determined by the Ad-
    ministrator under subparagraph (A) or (B) if—
          (i)  the State  has complied  with  all requirements and
        commitments pertaining to the area in the applicable im-
        plementation plan, and
          (ii) in accordance with guidance published by the Admin-
        istrator, no more than a minimal number of exceedances
        of the relevant national ambient air quality standard has
        occurred in the area in the year preceding the Extension
        Year.
    No more than 2 one-year extensions  may be issued under this
    subparagraph for a single nonattainment area.
      (D) This paragraph shall not apply with respect to nonattain-
    ment areas for which attainment dates are specifically provid-
    ed under other provisions of this part.
  (b) SCHEDULE FOR PLAN SUBMISSIONS.—At  the time the Adminis-
trator promulgates the designation  of an area  as nonattainment
with respect to a national ambient air quality standard under sec-
tion I07(d), the Administrator shall establish a schedule according
to which the State containing such area shall  submit a plan  or
plan revision (including the plan items) meeting the applicable re-
quirements of subsection  (c) and section 110(aX2). Such schedule
shall  at a minimum, include a date or dates, extending no later
than  3 years from the date of the nonattainment designation,  for

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153
CLEAN AIR ACT
Sec. 172
the submission of a plan or plan revision (including the plan items)
meeting the applicable requirements of subsection (c) and section
110(aX2).
  (c) NONATTAINMENT PLAN PROVISIONS.—The plan provisions (in-
cluding plan items) required to be submitted under this part shall
comply with each of the following:
      (1) IN GENERAL.—Such plan provisions shall provide for the
    implementation of all reasonably available control measures as
    expeditiously as practicable (including such reductions in emis-
    sions  from existing sources in the area as may be obtained
    through the adoption, at a minimum, of reasonably available
    control technology) and shall provide for attainment of the na-
    tional primary ambient air quality standards.
      (2) RFP.—Such plan provisions shall require reasonable fur-
    ther progress.
      (3) INVENTORY.—Such plan provisions shal! include a compre-
    hensive, accurate, current inventory of actual emissions from
    all sources of the relevant pollutant or pollutants in such area,
    including such periodic revisions as  the Administrator may de-
    termine necessary to assure that the requirements of this part
    are met.
      (4) IDENTIFICATION  AND QUANTIFICATION.—Such plan provi-
    sions  shall expressly  identify and  quantify the emissions,  if
    any, of any such pollutant or pollutants which will be allowed,
    in accordance with section 173(aXlXB), from the construction
    and operation of major new or modified stationary  sources in
    each such area. The plan shall demonstrate to the satisfaction
    of the Administrator that the emissions quantified for this pur-
    pose will be consistent with the achievement of reasonable fur-
    ther progress and will not interfere  with attainment of the ap-
    plicable national ambient air quality  standard by the applica-
    ble attainment date.
      (5)  PERMITS  FOR NEW  AND  MODIFIED MAJOR STATIONARY
    SOURCES.—Such plan  provisions  shall require  permits  for the
    construction and operation of new  or  modified major station-
    ary sources anywhere in  the  nonattainment area,  in  accord-
    ance with section 173.
      (6) OTHER MEASURES.—Such plan provisions shall include en-
    forceable emission limitations, and such other control meas-
    ures, means or techniques (including economic incentives such
    as fees, marketable permits, and auctions of emission rights),
    as well as schedules and timetables for compliance, as  may be
    necessary  or  appropriate  to provide  for attainment of such
    standard in such area by the applicable attainment date speci-
    fied in this part.
      (7) COMPLIANCE WITH  SECTION iio (2).—Such plan provi-
    sions  shall also meet  the applicable provisions  of section
    ll
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Sec. 173
CLEAN AIR ACT
154
    the aggregate, less effective than the methods specified by the
    Administrator.
      (9) CONTINGENCY MEASURES.—Such plan shall provide for the
    implementation  of specific measures to  be  undertaken if the
    area fails to make reasonable further progress, or to attain the
    national primary ambient air quality standard by  the attain-
    ment date applicable under this part. Such measures shall be
    included in the plan revision as contingency measures to  take
    effect in any such case without further action by the State or
    the Administrator.
  (d) PLAN REVISIONS REQUIRED IN  RESPONSE TO FINDING OF PLAN
INADEQUACY.—Any plan revision for a nonattainment area which is
required to be submitted in response to a finding by the Adminis-
trator pursuant to section  110(kX5) (relating  to calls for plan  revi-
sions) must correct the plan deficiency (or deficiencies) specified by
the Administrator and meet all other applicable plan requirements
of section 110 and this part. The  Administrator may  reasonably
adjust the dates otherwise applicable under  such requirements to
such revision  (except for attainment  dates that have  not yet
elapsed), to the extent necessary to achieve a consistent  application
of such  requirements. In order to facilitate submittal by the States
of adequate and approvable plans consistent with the applicable re-
quirements of this Act, the Administrator shall, as appropriate and
from time to time, issue written guidelines, interpretations, and in-
formation to  the States which shall be available to  the public,
taking into  consideration any such guidelines, interpretations, or
information provided before the date of the enactment of the Clean
Air Act Amendments of 1990.
  (e) FUTURE MODIFICATION OF STANDARD.—If the Administrator re-
laxes a national  primary ambient  air quality  standard after the
date of the enactment of the Clean Air Act Amendments of 1990,
the Administrator shall, within  12 months  after the  relaxation,
promulgate requirements applicable to all areas which have not at-
tained  that  standard as of the  date  of such relaxation. Such re-
quirements shall  provide for controls which are not less stringent
than the  controls applicable  to  areas  designated  nonattainment
before such relaxation.
[42 U.S.C. 7502]
SEC. 173. PERMIT REQUIREMENTS.
  (a)  IN  GENERAL.—The  permit  program  required   by  section
172(bX6) shall provide that permits to construct and  operate  may
be issued if—
      (1) in  accordance with regulations issued  by the Administra-
    tor  for the determination of baseline emissions in a  manner
    consistent with the  assumptions underlying the applicable im-
    plementation plan approved under section  110 and this part,
    the permitting agency determines that—
          (A) by the time the source is to  commence operation, suf-
        ficient offsetting emissions  reductions have been obtained,
        such that total  allowable emissions  from existing sources
        in the region, from new or  modified sources which are not
        major emitting  facilities,  and from the proposed source
        will be sufficiently less than total emissions from existing

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155
CLEAN AIR ACT
Sec. 173
        sources (as determined in accordance with the regulations
        under this paragraph) prior to the application  for such
        permit to construct or modify so as to represent {when con-
        sidered together with the plan provisions required under
        section 172) reasonable further progress (as defined in sec-
        tion 171); or
          (B) in the case of a new or modified major stationary
        source which is located in a zone (within the nonattain-
        ment area) identified by the Administrator, in consultation
        with the Secretary of Housing and Urban Development, as
        a zone to which economic development should be targeted,
        that1 emissions of such pollutant resulting from the pro-
        posed new or modified major  stationary source  will  not
        cause or  contribute to emissions  levels which exceed  the
        allowance permitted for such pollutant for such area from
        new or modified major stationary sources  under section
        172(c);
      (2) the proposed source is required to comply with the lowest
    achievable emission rate;
      (3) the owner or  operator of the proposed new or  modified
    source has demonstrated that  all major  stationary  sources
    owned or operated by such person (or by any entity controlling,
    controlled by,  or under common control with such person) in
    such State are subject to emission limitations and are in com-
    pliance, or on a schedule for compliance,  with all applicable
    emission limitations and standards under this Act;
      (4) the Administrator has not determined that the applicable
    implementation plan is not being adequately implemented for
    the nonattatnment  area in which the proposed source is to be
    constructed or modified in accordance  with the requirements of
    this part; and
      (5) an analysis of alternative sites, sizes,  production  process-
    es, and environmental control techniques for such proposed
    source demonstrates that benefits of  the proposed source  sig-
    nificantly outweigh  the environmental and social costs imposed
    as a result of its location, construction, or modification.
Any emission reductions required as a precondition of the issuance
of a permit  under paragraph (1) shall be  federally  enforceable
before such permit may  be  issued.
  (b) PROHIBITION ON  USE OF OLD GROWTH ALLOWANCES.—Any
growth allowance included  in an applicable implementation plan to
meet the requirements of section  172(bK5)  (as in effect immediately
before the date of the enactment of the Clean Air Act Amendments
of 1990) shall not be valid  for use in any  area that received or re-
ceives a notice under section  110(aX2XHXii) (as in effect immediate-
ly before the date of the enactment of the Clean Air Act Amend-
ments of 1990) or under section 110(kXD that its applicable imple-
mentation  plan containing such  allowance is  substantially inad-
equate.
  (c) OFFSETS.—(1) The  owner or operator of a new or  modified
major stationary source may comply with any offset requirement
  1 So in original. The word "that" appears to be unnecessary.

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 Sec. 173
CLEAN AIR ACT
156
 in effect under this part for increased emissions of any air pollut-
 ant  only  by obtaining emission reductions of such air pollutant
 from the same source or other sources in the  same nonattainment
 area, except that the State may allow the owner or operator of a
 source to obtain such emission  reductions in another nonattain-
 ment area if (A) the other area has an equal  or  higher nonattain-
 ment classification than the area  in which the source  is located
 and  (B) emissions from such other area contribute to a violation of
 the  national ambient air quality standard in the nonattainment
 area in which the source is  located. Such emission reductions shall
 be, by the time a new or modified source commences operation, in
 effect and enforceable and shall assure that the total tonnage of in-
 creased emissions of the air pollutant from the new or modified
 source shall be offset by an equal or greater reduction, as applica-
 ble,  in the actual emissions  of such air pollutant from the same or
 other sources in the area.
  (2) Emission reductions otherwise required by this Act shall not
 be creditable  as emissions  reductions  for  purposes  of  any such
offset requirement. Incidental  emission  reductions which are  not
otherwise required  by this Act shall be  creditable as emission re-
ductions for such purposes if such emission reductions meet the re-
 quirements of paragraph (1).
  (d) CONTROL TECHNOLOGY INFORMATION.—The State shall provide
that control technology information from permits issued under this
section will  be promptly submitted  to the Administrator for pur-
poses of making such information available  through the RACT/
 BACT/LAER clearinghouse to  other  States  and to the  general
public.
  (e) ROCKET ENGINES OR MOTORS.—The  permitting authority of a
State shall allow a source  to offset by  alternative  or innovative
 means emission increases from  rocket engine and motor firing, and
cleaning related to such firing, at an existing or modified major
source that tests rocket engines or motors under the following con-
ditions:
      (1) Any modification proposed is solely for the purpose of ex-
    panding the testing of rocket engines or motors at an existing
    source that is permitted to  test such  engines on the date of en-
    actment of this subsection.
      (2) The source demonstrates to the satisfaction of the permit-
    ting authority  of the State that  it has  used all reasonable
    means to obtain  and  utilize  offsets, as  determined on an
    annual  basis,  for the emissions increases beyond  allowable
    levels, that all  available offsets are being  used, and that suffi-
    cient offsets are not available to the source.
      (3) The source has obtained a written finding from the  De-
    partment of Defense, Department  of Transportation,  National
    Aeronautics and Space Administration or  other  appropriate
    Federal agency, that the testing of rocket motors or engines at
    the facility is required for a program essential to the national
    security.
      (4) The source will comply with an alternative  measure,  im-
    posed by the permitting authority, designed to offset any emis-
    sion increases  beyond  permitted levels not directly offset by

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157
CLEAN AIR ACT
Sec. 174
    the source. In lieu of imposing any alternative offset measures,
    the permitting authority may  impose an emissions fee to be
    paid to such authority of a State which shall be an amount no
    greater  than 1.5 times the average cost  of stationary source
    control measures adopted in that area during the previous 3
    years. The permitting authority  shall utilize  the  fees in  a
    manner that maximizes the emissions reductions in  that area.
[42 U.S.C. 7503]
SEC. 174. PLANNING PROCEDURES.
  (a)  IN GENERAL.—For any  ozone, carbon monoxide, or PM-10
nonattainment area, the State containing such area and elected of-
ficials of affected local governments shall, before the date required
for submittal  of  the inventory  described  under  sections 182(aXD
and 187(aXD, jointly review and update as necessary the planning
procedures adopted pursuant to this subsection as in effect immedi-
ately  before  the date  of the enactment of  the Clean Air  Act
Amendments of 1990, or  develop new planning procedures pursu-
ant to this subsection, as appropriate.  In preparing such procedures
the State and local elected officials shall determine which elements
of a revised implementation plan will be developed, adopted, and
implemented (through means including enforcement) by the State
and which by local governments or regional agencies, or any combi-
nation of local governments, regional agencies, or the State. The
implementation plan required by this part shall be prepared by an
organization certified by the State, in consultation with elected offi-
cials of local governments and in accordance  with the determina-
tion under the second sentence of this subsection. Such organiza-
tion shall include elected officials of  local governments  in the af-
fected area, and  representatives of the State  air quality planning
agency, the State transportation planning agency, the metropolitan
planning organization designated to conduct the  continuing, coop-
erative and comprehensive transportation planning process for  the
area under section 134 of title 23, United States Code, the organiza-
tion responsible for  the air quality maintenance planning process
under regulations implementing this  Act, and any other organiza-
tion with responsibilities for developing, submitting, or implement-
ing the plan required by  this part. Such  organization may be  one
that carried out these functions before the date of the enactment of
the Clean Air Act Amendments of 1990.
  (b) COORDINATION.—The preparation of implementation plan pro-
visions and subsequent plan  revisions under the continuing trans-
portation-air quality planning process described in section  108(e)
shall  be coordinated with the continuing, cooperative and compre-
hensive transportation planning process required under section  134
of title  23, United States Code,  and such planning processes shall
take into account the requirements of this part.
  (c) JOINT PLANNING.—In the case of a nonattainment area that is
included within more than one State,  the affected States may joint-
ly, through interstate compact or otherwise, undertake and imple-
ment  all or part  of  the planning procedures described in this  sec-
tion.
[42 U.S.C. 7504]

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 Sec. 175
CLEAN AIR ACT
158
           ENVIRONMENTAL PROTECTION AGENCY GRANTS

  SEC. 175. (a) The Administrator shall make grants to any organi-
zation of local elected officials with transportation or air quality
maintenance  planning responsibilities  recognized  by the  State
under section 174(a) for payment of the reasonable costs of develop-
ing a plan revision under this part.
  (b) The amount granted to any organization under subsection (a)
shall be 100 percent of any additional costs of developing a plan re-
vision under this part for the first two  fiscal years following receipt
of the grant under this paragraph, and shall supplement any funds
available under Federal law to such organization for transportation
or air quality maintenance planning. Grants under  this section
shall not be used for construction.
[42 U.S.C. 7505]
SEC. 175A. MAINTENANCE PLANS.
  (a) PLAN REVISION.—Each State which submits a request under
section 107(d) for redesignation of a nonattainment area for any air
pollutant as an area which has attained the national primary  am-
bient air quality standard for that air pollutant shall also submit a
revision of the applicable State implementation plan to provide for
the  maintenance of  the  national primary ambient  air quality
standard for such air pollutant in the area concerned for at least
10 years after the redesignation. The plan shall contain such addi-
tional measures,  if any, as may be necessary to ensure such main-
tenance.
  (b) SUBSEQUENT PLAN REVISIONS.—8  years after redesignation of
any  area  as an  attainment area  under section  107(d),  the  State
shall submit to the Administrator an additional revision of the ap-
plicable State implementation  plan for maintaining the national
primary ambient air quality standard for 10 years after the expira-
tion  of the 10-year period referred to in subsection (a).
  (c) NONATTAINMENT REQUIREMENTS  APPLICABLE  PENDING  PLAN
APPROVAL.—Until such plan revision is approved and an area is re-
designated as attainment  for any area designated as a nonattain-
ment area,  the requirements of this part  shall continue in force
and effect with respect to such area.
  (d) CONTINGENCY  PROVISIONS.—Each  plan  revision submitted
under this section shall contain such contingency provisions as the
Administrator  deems  necessary  to assure  that the  State will
promptly correct any violation  of the  standard which occurs after
the  redesignation of the area as an attainment area.  Such provi-
sions shall include a requirement that  the State will implement all
measures with respect to the control of the air pollutant concerned
which were contained in  the State implementation plan for  the
area before  redesignation  of the area  as an attainment area. The
failure of any area redesignated as an attainment area to maintain
the   national ambient air quality  standard concerned  shall  not
result in a requirement that the State  revise its State implementa-
tion  plan  unless  the Administrator, in the Administrator's discre-
tion, requires  the State to submit  a revised State implementation
plan.
[42 U.S.C. 7505a]

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159	CLEAN AIR  ACT	Sec. 176

           LIMITATIONS ON CERTAIN FEDERAL ASSISTANCE

  SEC. 176. [Subsections (a) and (b), repealed by P.L. 101-549, sec.
110(4), 104 Stat. 2470.]
  (cXl) No department, agency, or instrumentality of the Federal
Government shall engage in, support in any way or provide finan-
cial assistance for, license or permit,  or approve, any activity which
does not conform to an implementation plan after it  has been ap-
proved or promulgated under section  110. No  metropolitan  plan-
ning organization designated under section  134 of title 23, United
States Code, shall give its  approval to any project, program, or plan
which does not conform  to an  implementation  plan approved or
promulgated  under  section  110. The assurance  of conformity to
such an implementation plan shall be an affirmative responsibility
of the head of such department, agency, or instrumentality. Con-
formity to an implementation plan means—
      (A) conformity to an implementation plan's purpose of elimi-
    nating or reducing the severity and number of violations of the
    national ambient air  quality standards  and achieving expedi-
    tious attainment of such standards; and
      (B) that such activities will not—
          (i) cause or contribute to any new  violation of any stand-
        ard in any area;
          (ii) increase the frequency or severity of any existing vio-
        lation of any standard in any area; or
          (iii) delay  timely attainment of any standard or any re-
        quired  interim emission reductions or other milestones in
        any area.
The determination of conformity shall be based on the most recent
estimates of  emissions, and  such estimates shall  be determined
from the most  recent population,  employment, travel and conges-
tion estimates as determined by the metropolitan planning organi-
zation or other agency authorized to make such estimates.
  (2) Any transportation  plan or  program developed pursuant to
title 23, United States Code, or the Urban Mass Transportation Act
shall implement the transportation provisions of any applicable im-
plementation plan approved under this Act applicable to all or part
of the area covered  by such transportation plan or program. No
Federal agency  may  approve, accept or fund any transportation
plan,  program or project unless  such plan, program or project has
been found to conform to any  applicable implementation plan in
effect under this Act. In particular—
      (A)  no transportation plan  or transportation improvement
    program may be adopted by a  metropolitan planning organiza-
    tion  designated  under title 23, United States Code,  or the
    Urban Mass Transportation Act, or be found to be in conformi-
    ty by a metropolitan planning organization until a final deter-
    mination has been made that emissions expected from imple-
    mentation of such plans and programs are consistent with esti-
    mates of emissions from motor  vehicles and necessary  emis-
   sions  reductions contained  in the applicable implementation
    plan, and that the plan or program will conform  to the  re-
   quirements of paragraph (1KB);

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Sec. 176
CLEAN AIR ACT
160
      (B) no metropolitan planning organization or other recipient
    of funds under title 23, United States Code, or the Urban Mass
    Transportation Act shall adopt or approve a transportation im-
    provement program of projects until  it determines that such
    program provides for timely implementation of transportation
    control  measures consistent with schedules included in the ap-
    plicable implementation plan;
      (C) a transportation project may be adopted or approved by a
    metropolitan planning organization or any recipient of funds
    designated under title 23, United States  Code, or the Urban
    Mass Transportation Act, or found in conformity by a metro-
    politan  planning organization or approved, accepted, or funded
    by  the  Department of  Transportation  only  if it  meets
    either the  requirements of  subparagraph (D) or  the follow-
    ing requirements—
          (i) such a project comes from a conforming plan and pro-
        gram;
          (ii) the design concept and scope of such project have not
        changed significantly since the conformity finding regard-
        ing the plan and program from which the project derived;
        and
          (iii) the design concept and scope of such project at the
        time of the conformity determination for the program was
        adequate to determine emissions.
      (D) Any project not referred to in subparagraph  (C) shall be
    treated  as  conforming to the applicable implementation plan
    only if  it is demonstrated that the projected emissions from
    such project, when considered together with emissions project-
    ed  for  the conforming  transportation plans and programs
    within the nonattainment area, do not cause  such plans and
    programs  to  exceed the emission  reduction  projections and
    schedules assigned to such plans and programs in the applica-
    ble  implementation plan.
  (3) Until such time as the implementation plan revision referred
to in  paragraph (4XC)  is approved,  conformity of such plans, pro-
grams, and projects will be demonstrated if—
      (A) the transportation plans and programs—
          (i) are consistent  with the  most  recent estimates of
        mobile source emissions;
          (ii) provide for the expeditious implementation of trans-
        portation control measures in the applicable implementa-
        tion plan; and
          (iii) with  respect to ozone and carbon monoxide nonat-
        tainment areas, contribute to annual emissions reductions
        consistent with sections 182(bXD and 187(aX7); and
      (B) the transportation projects—
          (i) come from a conforming transportation plan and pro-
        gram  as defined in subparagraph  (A) or for 12 months
        after  the date of the enactment of the Clean  Air Act
        Amendments  of 1990,  from  a  transportation program
        found to conform within 3 years prior to such date of en-
        actment; and

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 161	CLEAN AIR ACT	Sec. 176

          (ii) in carbon  monoxide nonattainment areas, eliminate
        or reduce  the severity and number of violations of the
        carbon monoxide standards in the  area  substantially af-
        fected by the project.
    With regard to subparagraph (BXii),  such determination may
    be made as part of either the conformity determination for the
    transportation  program or for  the individual project taken as
    a whole  during  the environmental  review  phase of  project
    development.
  (4XA) No later than one year after the  date of enactment of the
 Clean Air Act Amendments of 1990, the  Administrator shall pro-
 mulgate criteria and procedures for determining conformity (except
 in the case of transportation plans, programs, and projects) of, and
 for keeping  the Administrator informed  about,  the activities re-
 ferred to  in paragraph (1). No later than  one year after such date
 of enactment, the Administrator, with the concurrence of the Sec-
 retary of Transportation, shall promulgate criteria and procedures
 for demonstrating and assuring conformity in the case of transpor-
 tation plans,  programs, and projects. A suit may be brought against
 the Administrator  and the Secretary of Transportation under sec-
 tion 304 to compel promulgation of such criteria and procedures
 and the Federal district  court shall have jurisdiction to order such
 promulgation.
  (B) The procedures and criteria shall, at a minimum—
      (i) address the  consultation procedures to be undertaken by
    metropolitan planning organizations and  the Secretary  of
    Transportation with State and  local  air quality agencies and
    State departments of transportation before such organizations
    and the Secretary make conformity determinations;
      (ii)  address the appropriate frequency for making conformity
    determinations, but  in no case  shall  such determinations for
    transportation  plans and programs be less frequent than every
    three years; and
      (iii) address  how  conformity  determinations  will be made
    with respect to  maintenance plans.
  (C) Such procedures shall also include  a requirement that each
State shall submit to the Administrator and the Secretary  of
Transportation within 24 months of such date of enactment, a revi-
sion to  its implementation plan that includes criteria and proce-
dures for  assessing  the conformity of any  plan, program, or project
subject to the conformity requirements of this subsection.
  (d) Each department, agency, or  instrumentality of the  Federal
Government  having authority to conduct  or  support any program
with air-quality related transportation consequences shall give pri-
ority in the exercise of such authority, consistent with statutory re-
quirements for allocation among States or other jurisdictions, to
the implementation of those portions of plans prepared under this
section to achieve and maintain the national primary  ambient air
quality standard. This paragraph extends to, but is  not limited to,
authority  exercised under the  Urban  Mass Transportation Act,
title 23 of the United States Code, and the Housing and Urban De-
velopment Act.
[42 U.S.C. 7506]

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Sec. 176A
CLEAN AIR ACT
162
SEC. 176A. INTERSTATE TRANSPORT COMMISSIONS.
  (a) AUTHORITY To ESTABLISH INTERSTATE TRANSPORT REGIONS.—
Whenever, on the  Administrator's own motion or by petition from
the Governor of any State, the Administrator has reason to believe
that the interstate transport of air pollutants from one  or  more
States contributes  significantly to a violation of a national ambient
air quality standard in one or more other States,  the Administrator
may establish, by  rule, a transport region for such pollutant that
includes such States. The Administrator, on  the  Administrator's
own motion or upon petition from the Governor of any State, or
upon the  recommendation of a transport commission established
under subsection (b), may—
      (1) add any  State or portion of a State to any region estab-
    lished  under this subsection whenever the Administrator has
    reason to believe that the interstate transport of air pollutants
    from such State significantly contributes to a violation of the
    standard in the transport region, or
      (2) remove any State or portion of a State from the region
    whenever the Administrator has reason  to believe that the
    control of emissions in that State or portion of the State pursu-
    ant to this section will not significantly contribute to the at-
    tainment of the standard in any area in the region.
The  Administrator shall approve or disapprove  any such petition
or recommendation within 18 months of its receipt.  The Adminis-
trator shall establish appropriate proceedings for public participa-
tion  regarding  such petitions and  motions, including notice and
comment.
  (b) TRANSPORT COMMISSIONS.—
      (1)  ESTABLISHMENT.—Whenever  the  Administrator  estab-
    lishes a transport region under subsection (a), the Administra-
    tor shall establish a transport commission comprised of (at a
    minimum) each of the following members:
          (A) The  Governor of each State in the region or the des-
        ignee of each such Governor.
          (B) The  Administrator or the  Administrator's designee.
          (C) The  Regional Administrator (or the Administrator's
        designee) for each Regional Office for each Environmental
        Protection Agency Region affected by the transport region
        concerned.
          (D) An  air pollution control  official  representing each
        State in the region, appointed by the Governor.
    Decisions of, and recommendations and requests to, the Admin-
    istrator by each transport commission may be made only by a
    majority vote of all members other than the Administrator and
    the Regional Administrators (or designees thereof).
      (2)  RECOMMENDATIONS.—The  transport   commission  shall
    assess  the degree  of interstate transport of the pollutant or
    precursors to  the  pollutant throughout the transport region,
    assess  strategies for mitigating the  interstate pollution, and
    recommend to the Administrator such measures as  the Com-
    mission determines to be necessary to ensure that the plans for
    the  relevant   States  meet  the  requirements  of  section

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163	CLEAN AIR ACT	Sec. 178

    110(aX2XD). Such commission shall not be subject to the provi-
    sions of the Federal Advisory Committee Act (5 U.S.C. App.).
  (c) COMMISSION REQUESTS.—A transport  commission established
under subsection (b) may request the Administrator to issue a find-
ing under section 110(kX5) that the implementation plan  for one or
more of the States in the transport region  is substantially  inad-
equate to meet the requirements of section  110(aX2XD). The Admin-
istrator shall approve, disapprove, or partially approve and partial-
ly disapprove such a request within 18 months of its receipt and, to
the extent the Administrator approves such request, issue the find-
ing under section 110(kX5) at the time of such approval. In acting
on such request,  the Administrator shall  provide  an opportunity
for public participation and shall address each specific recommen-
dation made by the commission. Approval or disapproval of such a
request shall constitute final agency action within  the meaning of
section 307(b).
[42 U.S.C. 7506aJ

NEW MOTOR VEHICLE EMISSION STANDARDS IN NONATTAINMENT AREAS

  SEC. 177. Notwithstanding section  209(a),  any State which has
plan provisions approved under this part  may adopt and enforce
for any model year standards relating to control of emissions from
new motor vehicles or  new motor  vehicle engines and  take such
other actions as are referred to in section 209(a) respecting such ve-
hicles if—
      (1) such standards are identical to the California  standards
    for which a waiver has been granted for  such model year, and
      (2) California and such State adopt  such standards at least
    two years before commencement of such model year (as deter-
    mined by regulations  of the Administrator). Nothing in this
    section or in title II of this Act shall be construed as authoriz-
    ing any such State to  prohibit or limit,  directly or indirectly,
    the manufacture or sale of a new motor vehicle or motor vehi-
    cle engine that is certified in California  as meeting  California
    standards, or to take any action of any kind to create, or have
    the effect of creating, a motor vehicle or motor vehicle engine
    different than a motor vehicle or engine  certified in  California
    under  California standards (a "third vehicle")  or  otherwise
    create such a "third vehicle".
[42 U.S.C. 7507]

                     GUIDANCE DOCUMENTS

  SEC.  178. The  Administrator shall issue  guidance documents
under section  108 for purposes of assisting States in implementing
requirements of this part respecting the lowest achievable emission
rate.  Such a  document shall  be  published  not later  than nine
months after the date of enactment  of this  part and shall be re-
vised at least every two years thereafter.
[42 U.S.C. 7508]
SBC. 179. SANCTIONS AND CONSEQUENCES OF FAILURE TO ATTAIN.
  (a) STATE FAILURE.—For any implementation plan or  plan revi-
sion required under this part (or required  in response to a finding

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 Sec. 179
CLEAN AIR ACT
164
 of substantial inadequacy  as described in section 110(kX5)), if the
 Administrator—
      (1) finds that a State has failed, for an area designated non-
    attainment  under section 107(d), to submit a plan, or to submit
    1 or more of the elements (as determined by the Administra-
    tor) required by the provisions of this Act applicable to such an
    area, or has failed to make a submission for such an area that
    satisfies the minimum criteria established in relation to any
    such element under section 110(k),
      (2) disapproves a submission under section 110(k), for an area
    designated nonattainment under section 107,  based on  the sub-
    mission's failure to meet one or more of the elements required
    by the provisions of this Act applicable to such an area,
      (3XA) determines that a State has failed to make any submis-
    sion as may be required  under this Act, other  than  one de-
    scribed under paragraph (1) or (2), including an adequate main-
    tenance plan, or has failed to make any submission, as may be
    required under this Act, other than one described under para-
    graph (1) or (2), that  satisfies the minimum criteria established
    in relation to such submission under section HO(kXlXA), or
      (B) disapproves in whole or in part a submission described
    under subparagraph  (A), or
      (4) finds that any  requirement of an approved plan (or ap-
    proved part  of a plan) is not being implemented,
unless such deficiency has been corrected within  18  months after
the finding, disapproval, or determination  referred  to in  para-
graphs (1),  (2), (3),  and (4),  one  of the sanctions referred to in sub-
section (b)  shall  apply, as selected by the Administrator, until the
Administrator determines that the State has come into compliance,
except that if the  Administrator finds a  lack of good faith,  sanc-
tions under both paragraph (1) and paragraph (2) of subsection (b)
shall apply until the Administrator determines that the State has
come  into  compliance. If  the  Administrator  has selected one of
such sanctions and the deficiency has not been corrected within  6
months  thereafter, sanctions under both  paragraph (1) and  para-
graph (2) of subsection (b)  shall apply until the Administrator de-
termines that  the  State  has come into compliance. In addition to
any other sanction applicable as provided in this section,  the Ad-
ministrator may withhold  all or part of the grants for support of
air pollution planning and control programs that the Administra-
tor may award under section 105.
  (b) SANCTIONS.—The sanctions available to the  Administrator as
provided in subsection (a) are as follows:
      (1) HIGHWAY SANCTIONS.—(A) The Administrator may impose
    a prohibition,  applicable to a nonattainment area, on the ap-
    proval  by the  Secretary of Transportation of any projects or
    the awarding  by  the Secretary of any grants, under title 23,
    United States Code, other than projects or  grants for safety
    where  the Secretary  determines, based on accident or other ap-
    propriate data submitted by the State, that the principal pur-
    pose of the  project is  an  improvement in  safety to resolve  a
    demonstrated safety  problem and likely will result in a signifi-
    cant reduction in, or avoidance of, accidents.  Such prohibition

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165	CLEAN AIR ACT	Sec. 179

    shall become effective upon the selection by the Administrator
    of this sanction.
      (B) In addition to safety, projects or grants that may be ap-
    proved by the Secretary, notwithstanding the  prohibition in
    subparagraph (A), are the following—
          (i) capital programs for public transit;
          (ii)  construction  or restriction of certain roads or lanes
        solely for the use of passenger buses or high occupancy ve-
        hicles;
          (iii) planning for requirements for  employers to reduce
        employee work-trip-related vehicle emissions;
          (iv) highway ramp metering, traffic  signalization, and re-
        lated  programs that improve traffic flow and achieve a net
        emission reduction;
          (v) fringe and transportation corridor  parking facilities
        serving multiple occupancy vehicle programs or transit op-
        erations;
          (vi) programs  to  limit or restrict vehicle use in down-
        town  areas or other areas of emission concentration par-
        ticularly during periods of peak use, through road  use
        charges, tolls, parking surcharges, or  other pricing mecha-
        nisms, vehicle restricted zones or periods, or vehicle regis-
        tration programs;
          (vii) programs for breakdown and  accident scene man-
        agement, nonrecurring congestion, and vehicle information
        systems, to reduce congestion and emissions; and
          (viii) such other transportation-related programs as the
        Administrator,  in  consultation  with the Secretary  of
        Transportation, finds would improve air quality and would
        not encourage single occupancy vehicle capacity.
    In considering such measures, the State should seek to ensure
    adequate access to downtown,  other commercial, and  residen-
    tial areas, and avoid increasing or relocating emissions and
    congestion rather than reducing them.
  (2) OFFSETS.—In applying the emissions  offset  requirements of
section 173 to  new or modified sources or emissions units for which
a permit is required under part D, the ratio of emission reductions
to increased emissions shall be at least 2 to 1.
  (c) NOTICE OF FAILURE To ATTAIN.—(1) As expeditiously as practi-
cable after the applicable attainment date for any nonattainment
area, but not later than 6 months  after such date, the Administra-
tor shall determine, based on the area's air quality as of the attain-
ment date, whether the area attained the standard by that date.
  (2) Upon making the determination under paragraph (1), the Ad-
ministrator shall publish a notice  in the Federal Register  contain-
ing such determination  and identifying each area that  the Admin-
istrator has determined to have failed to attain. The Administrator
may revise or supplement such determination  at any time based on
more complete information or analysis concerning  the area's air
quality as of the attainment date.
  (d) CONSEQUENCES FOR FAILURE To  ATTAIN.—(1) Within 1  year
after the Administrator publishes the notice under subsection (cX2)
(relating to notice of failure to attain), each State  containing a non-

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 Sec. 179B
CLEAN AIR ACT
166
 attainment area shall submit a  revision to the  applicable imple-
 mentation plan meeting the requirements of paragraph (2) of this
 subsection.
  (2) The revision required under paragraph (1) shall meet the re-
 quirements of section 110 and section 172. In addition, the  revision
 shall include such additional measures as the  Administrator may
 reasonably  prescribe, including all measures that can  be  feasibly
 implemented in  the  area in light of technological achievability,
 costs, and any nonair quality and other air quality-related health
 and environmental impacts.
  (3) The attainment date applicable to the revision required under
 paragraph (1) shall be the same as provided in  the provisions of
 section 172(aX2), except that in applying such provisions the phrase
 "from the date of the notice under section 179(cK2)" shall be substi-
 tuted for the phrase "from the date such area was designated non-
 attainment under section 107(d)" and for the phrase "from the date
 of designation as nonattainment".
 [42 U.S.C. 7509]
 SEC. 179B.' INTERNATIONAL BORDER AREAS.
  (a) IMPLEMENTATION  PLANS  AND REVISIONS.—Notwithstanding
any other provision of law, an implementation plan or plan revi-
sion required under this Act shall be approved  by the Administra-
tor if—
      (1) such plan or revision meets all the requirements  applica-
    ble  to it under the Act other than a requirement that such
    plan or revision demonstrate attainment and maintenance of
    the relevant national  ambient air quality standards by the at-
    tainment date specified under the applicable provision of this
    Act, or in a regulation promulgated under such provision, and
      (2) the submitting State establishes to the satisfaction of the
    Administrator that the implementation plan of such State
    would be adequate to  attain and maintain the relevant nation-
    al ambient air quality standards by the attainment date speci-
    fied under  the applicable provision of this Act, or in a regula-
    tion  promulgated under such provision, but for emissions ema-
    nating from outside of the United States.
  (b) ATTAINMENT OF OZONE LEVELS.—Notwithstanding any other
provision of law, any State that  establishes to the satisfaction of
the Administrator that, with respect to an ozone nonattainment
area in such State, such  State would have attained the national
ambient  air quality  standard for ozone by the applicable attain-
ment date, but for emissions emanating from outside of the United
States, shall not be subject to the provisions of section  181(aX2) or
(5) or section 185.
  (c) ATTAINMENT OF CARBON MONOXIDE LEVELS.—Notwithstanding
any other provision of law, any State that establishes to the satis-
faction of the Administrator, with respect to a carbon monoxide
nonattainment  area in such State, that such State has attained the
national  ambient air quality standard for carbon  monoxide by the
applicable attainment date, but for emissions emanating from  out-
  1 There ia no section 179A.

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 167
CLEAN AIR ACT
            Sec. 181
side of the United States, shall not be subject to the provisions of
section 186(bX2) or (9).
   (d) ATTAINMENT OF PM-10 LEVELS.—Notwithstanding any other
provision of law, any State that establishes to the satisfaction of
the Administrator that, with respect to a PM-10 nonattainment
area in such State,  such State would have attained the national
ambient air quality  standard for carbon monoxide by the applica-
ble attainment date, but for emissions emanating from outside the
United States, shall not be subject  to  the provisions  of section
188(bX2).
[42 U.S.C. 7509a]

       Subpart 2—Additional Provisions for Ozone
                     Nonattainment Areas

Sec. 181- Classifications and attainment dates.
Sec. 182. Plan submissions and requirements.
Sec. 183. Federal ozone measures.
Sec. 184. Control of interstate ozone air pollution.
Sec. 185. Enforcement for Severe and Extreme ozone nonattainment areas for fail-
          ure to attain.
Sec. 185A. Transitional areas.
Sec. 185B. NOX and VOC study.
SEC. 181. CLASSIFICATIONS AND ATTAINMENT DATES.
   (a) CLASSIFICATION AND ATTAINMENT DATES FOR 1989 NONATTAIN-
MENT AREAS.—(1) Each area designated nonattainment for  ozone
pursuant to section  107(d) shall be classified at the  time of such
designation, under table 1, by operation of law, as a Marginal Area,
a  Moderate Area,  a Serious Area, a Severe Area, or  an Extreme
Area based on the design value for the area. The design value shall
be calculated according to the interpretation methodology issued by
the Administrator most recently before the date of the enactment
of the Clean Air Act Amendments of 1990. For each area classified
under this  subsection, the  primary standard attainment date  for
ozone shall be as expeditiously as practicable but not later than the
date provided in table 1.

                              TABLE 1
          Area class
    Design value*
Primary standard
attainment date**
Marginal	 0.121 up to 0.138 ....

Moderate	 0.138 up to 0.160 ....

Serious	 0.160 up to 0.180....

Severe	 0.180 up to 0.280...

Extreme	 0.280 and above	
                    3 years after
                    enactment
                    6 years after
                    enactment
                 ..  9 years after
                    enactment
                 .. 15 years after
                    enactment
                 .. 20 years after
                    enactment
  * The design value is measured in parts per million (pptn).
  •• The primary standard attainment date ia measured from the date of the enactment of the
Clean Air Amendments of 1990.

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 Sec. 181
CLEAN AIR ACT
168
  (2) Notwithstanding table 1,  in the case of a severe area with a
 1988 ozone design value between 0.190 and 0.280 ppm, the attain-
 ment date shall be 17 years (in lieu of 15 years) after the date of
 the enactment of the Clean Air Amendments of 1990.
  (3) At the time of publication of the notice under section 107(dX4)
 (relating to area designations) for each ozone nonattainment area,
 the Administrator shall publish a notice announcing the classifica-
 tion of such ozone nonattainment area. The provisions of section
 172(aXlXB) (relating to lack of notice  and comment  and judicial
 review) shall apply to such classification.
  (4) If an area classified under paragraph (1) (Table 1) would have
 been classified in another category if the design value in the area
 were 5 percent greater or 5 percent less than the level on which
 such classification was based, the Administrator may, in  the Ad-
 ministrator's discretion, within 90 days after the initial classifica-
 tion,  by  the procedure required under paragraph (3), adjust the
 classification to  place the area in such other category. In making
 such adjustment, the Administrator may consider the number of
 exceedances of the national primary ambient air quality standard
 for ozone in the area, the level of pollution transport  between the
 area and other affected areas, including both intrastate and inter*
 state transport,  and the mix of sources and air pollutants in the
 area.
  (5) Upon application by any State, the Administrator may extend
 for  1 additional year  (hereinafter  referred to as the "Extension
 Year") the date specified in  table 1 of paragraph (1) of this subsec-
 tion  if—
      (A) the State has complied with  all requirements and com-
    mitments pertaining to the area in  the applicable implementa-
    tion plan, and
      (B) no more than 1 exceedance of the national  ambient air
    quality standard level for ozone has occurred in the area in the
    year preceding the Extension Year.
No more than 2 one-year extensions may be issued under this para-
graph for a single nonattainment area.
  (b) NEW DESIGNATIONS AND RECLASSIFICATIONS.—
      (1) NEW DESIGNATIONS To NONATTAINMENT.—Any area that is
    designated attainment or unclassifiable for ozone under section
    107(dX4), and that is  subsequently  redesignated to nonattain-
    ment for ozone under section 107(dX3), shall, at the time of the
    redesignation, be classified by operation of law in accordance
    with table 1  under subsection (a). Upon its classification, the
    area shall be subject  to the same  requirements under section
    110, subpart 1 of this part, and this subpart that would have
    applied had the area been so classified at the time of the notice
    under subsection (aX3), except that any absolute, fixed date ap-
    plicable in connection with any such requirement is extended
    by operation of law by a period equal to the length of time be-
    tween the date of the enactment of the Clean Air  Act Amend-
    ments of  1990 and the  date  the area is classified under this
    paragraph.
      (2) RECLASSIFICATION UPON FAILURE TO ATTAIN.—(A) Within 6
    months  following  the applicable attainment  date (including

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169	CLEAN AIR ACT	Sec. 181

    any extension thereof) for an ozone nonattainment area, the
    Administrator shall determine, based  on the  area's design
    value (as of the attainment date), whether the  area attained
    the standard by that date. Except for any Severe or Extreme
    area, any area that the Administrator finds has not attained
    the standard by that date shall be reclassified by operation of
    law in accordance with table 1 of subsection (a)  to the higher
    of—
          (i) the next higher classification for the area, or
          (ii) the classification applicable to the area's design value
       as determined at the time of the notice  required under
       subparagraph (B).
    No area shall be reclassified as Extreme under clause (ii).
      (B) The Administrator shall publish a notice in the Federal
    Register, no  later than 6 months following the attainment
    date, identifying each area that the  Administrator  has deter-
    mined under subparagraph (A) as having failed  to attain and
    identifying  the reclassification, if any,  described under sub-
    paragraph (A).
      (3) VOLUNTARY RECLASSIFICATION.—The  Administrator shall
    grant the request of any State to reclassify a nonattainment
    area  in that State in accordance with table 1 of  subsection (a)
    to a  higher classification. The Administrator  shall publish a
    notice in the Federal  Register of any such  request and of
    action by the Administrator granting the request.
      (4) FAILURE OF SEVERE AREAS TO ATTAIN STANDARD.—(A) If
    any Severe  Area fails to achieve the national primary ambient
    air quality  standard for  ozone by the applicable attainment
    date (including any extension thereof), the fee provisions under
    section 185  shall apply within the area,  the percent  reduction
    requirements of section 182(cK2XB) and (C) (relating to reasona-
    ble further  progress demonstration and NO, control) shall con-
    tinue  to apply to the area, and the State shall demonstrate
    that such percent reduction has been achieved in each 3-year
    interval after such failure until the standard is attained. Any
    failure to make  such a demonstration shall  be subject to the
    sanctions provided under this part.
      (B) In addition to the requirements of subparagraph (A), if
    the ozone design value for a Severe  Area referred  to in sub-
    paragraph (A) is above 0.140 ppm for the year of the  applicable
    attainment  date, or if the area has failed to achieve its most
    recent milestone under section 182(g), the new source review
    requirements applicable under this subpart in  Extreme Areas
    shall apply  in the  area and the term  "major  source" and
    "major stationary source"  shall have the same meaning as in
    Extreme Areas.
      (C) In addition to the requirements of subparagraph (A) for
    those areas  referred to in subparagraph (A) and not covered by
    subparagraph (B), the provisions referred to in  subparagraph
    (B) shall apply after 3 years from the applicable attainment
    date unless the area has attained the standard by the end of
    such 3-year period.

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Sec. 182
CLEAN AIR ACT
170
      (D) If, after the date of the enactment of the Clean Air Act
    Amendments of 1990, the Administrator modifies the method
    of determining  compliance with the national primary ambient
    air quality standard, a design value or other indicator compa-
    rable to 0.140 in terms of its relationship to the standard shall
    be used in lieu  of 0.140 for purposes of applying the provisions
    of subparagraphs (B) and (C).
  (c) REFERENCES TO TERMS.—(1) Any reference in this subpart to a
"Marginal Area", a "Moderate Area", a "Serious Area", a "Severe
Area  , or an "Extreme Area" shall be considered a reference to a
Marginal Area, a Moderate Area, a Serious Area, a Severe Area, or
an Extreme Area as respectively classified under this section.
  (2) Any reference in this subpart to "next higher classification"
or comparable terms shall be considered a  reference to the classifi-
cation related to the next higher set of design values in table 1.
[42 U-S.C. 7511]
SEC. 182. PLAN SUBMISSIONS AND REQUIREMENTS.
  (a) MARGINAL AREAS.—Each State in which all or part of a Mar-
ginal  Area is located shall, with respect to the Marginal Area (or
portion thereof, to the extent specified in  this subsection), submit
to the Administrator the State implementation plan  revisions (in-
cluding the plan  items) described under this subsection except to
the extent the State has made such submissions as of the date of
the enactment of the Clean Air Act Amendments of 1990.
      (1) INVENTORY.—Within 2 years after the date  of the enact-
    ment of the  Clean  Air Act Amendments of  1990, the State
    shall submit  a  comprehensive, accurate, current inventory of
    actual emissions from  all sources, as described  in  section
    172(cK3), in accordance with guidance provided by the Adminis-
    trator.
      (2)  CORRECTIONS  TO THE  STATE  IMPLEMENTATION  PLAN.—
    Within the  periods prescribed in this paragraph, the  State
    shall submit a revision to the State implementation plan that
    meets the following requirements—
          (A)  REASONABLY AVAILABLE  CONTROL TECHNOLOGY  COR-
        RECTIONS.—For any Marginal Area (or, within the Admin-
        istrator's discretion,  portion  thereof)  the  State  shall
        submit, within 6 months of the date of classification under
        section 181(a), a revision that includes such  provisions to
        correct requirements in (or add requirements to) the plan
        concerning   reasonably  available  control  technology  as
        were required under section 172(b) (as in effect immediate-
        ly before the date of the enactment of the Clean Air  Act
        Amendments of 1990), as interpreted in guidance issued by
        the Administrator under section 108 before the date of the
        enactment of the Clean Air Act Amendments of 1990.
          (B) SAVINGS CLAUSE FOR VEHICLE  INSPECTION AND MAINTE-
        NANCE.—(i) For any Marginal Area (or, within the Admin-
        istrator's discretion, portion thereof), the plan for which al-
        ready includes, or was required by section  172(bXllXB) (as
        in effect immediately before the date of the  enactment of
        the Clean Air Act Amendments of 1990) to have included,
        a specific schedule for implementation of  a  vehicle emis-

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171	CLEAN AIR ACT	Sec. 182

        sion  control  inspection  and  maintenance  program,  the
        State shall submit, immediately after the date of the en-
        actment of the Clean Air Act Amendments of 1990, a revi-
        sion that includes any provisions necessary to provide for a
        vehicle inspection and  maintenance  program  of no less
        stringency  than that of either the program  defined  in
        House Report Numbered 95-294, 95th Congress, 1st Ses-
        sion, 281-291 (1977) as interpreted in guidance of the Ad-
        ministrator issued pursuant to section 172(bXHXB) (as in
        effect immediately before the date of the enactment of the
        Clean Air  Act  Amendments of 1990) or the program al-
        ready included in the plan,  whichever is more stringent.
          (ii) Within 12 months after the date of the enactment of
        the Clean Air Act Amendments of 1990, the  Administrator
        shall review, revise, update, and republish in the Federal
        Register  the guidance for the States for  motor vehicle in-
        spection  and maintenance  programs required by  this Act,
        taking into consideration  the Administrator's  investiga-
        tions and audits of such program. The guidance shall, at a
        minimum,  cover the frequency of inspections, the types of
        vehicles to be inspected (which  shall include leased vehi-
        cles that  are registered in the nonattainment area), vehicle
        maintenance by owners and operators, audits by the State,
        the test method and measures, including whether central-
        ized or decentralized,  inspection methods and procedures,
        quality of inspection,  components covered, assurance that
        a vehicle subject to a recall notice from a  manufacturer
        has complied with that notice, and effective implementa-
        tion and  enforcement, including ensuring that any retest-
        ing of a vehicle after a failure shall include proof of correc-
        tive action  and providing for denial of vehicle registration
        in the case  of ta  pering  or misfueling.  The guidance
        which shall be  incorporated in the applicable State imple-
        mentation  plans  by the States shall  provide  the States
        with continued reasonable  flexibility to  fashion effective,
        reasonable, and fair programs for the affected consumer.
        No later  than 2 years  after the Administrator promulgates
        regulations under section  202(mX3)  (relating to  emission
        control diagnostics), the State  shall submit a revision to
        such program to meet any requirements that the Adminis-
        trator may prescribe under that section.
          (C) PERMIT PROGRAMS.—Within 2 years after the date of
        the enactment of the  Clean Air Act Amendments of 1990,
        the State shall  submit a revision that includes each of the
        following:
              (i)  Provisions to require permits, in accordance with
            sections 172(c)(5) and 173, for the construction and op-
            eration of each  new  or modified  major stationary
            source  (with respect to  ozone) to be located in the area.
              (ii) Provisions to correct requirements in (or add re-
            quirements to) the plan concerning permit programs
            as were required under section 172(bX6) (as in  effect
            immediately before the date of the  enactment of the

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 Sec. 182
CLEAN AIR ACT
172
            Clean Air Act Amendments of 1990), as interpreted in
            regulations  of the  Administrator promulgated as of
            the  date  of the enactment of  the Clean  Air  Act
            Amendments of 1990.
      (3) PERIODIC INVENTORY.—
          (A) GENERAL HEQUIREMENT.—NO later than the end of
        each 3-year period after submission of the inventory under
        paragraph (1) until the area is redesignated to attainment,
        the State shall submit a revised inventory meeting the re-
        quirements of subsection (a)(l).
          (B) EMISSIONS STATEMENTS.—(i) Within 2 years after  the
        date of the enactment of the Clean Air Act Amendments
        of 1990, the State shall  submit  a revision to the State  im-
        plementation plan to require that the owner or operator of
        each stationary source of oxides of nitrogen or volatile or-
        ganic compounds provide the State with a statement, in
        such form as the Administrator may prescribe (or accept
        an  equivalent alternative developed  by the State),  for
        classes or categories of sources, showing the actual emis-
        sions of oxides of nitrogen and volatile organic compounds
        from that source. The first such statement shall be submit*
        ted within 3 years after the date of the enactment of  the
        Clean  Air Act Amendments of 1990.  Subsequent state-
        ments  shall  be submitted at least every  year thereafter.
        The statement shall contain a certification that  the infor-
        mation contained in the statement is  accurate to the best
        knowledge of the individual certifying the statement.
          (ii) The State may waive the  application of clause (i) to
        any class or category of stationary sources which emit less
        than 25  tons per year  of volatile organic compounds  or
        oxides  of nitrogen if  the State, in its submissions under
        subparagraphs (1) or (3XA), provides an inventory of emis-
        sions from such class  or category of sources, based on the
        use of the emission factors established by the  Administra-
        tor or other methods acceptable  to the Administrator.
      (4) GENERAL OFFSET REQUIREMENT.—For purposes of satisfy-
    ing the emission offset requirements of this part,  the ratio of
    total emission reductions of volatile organic compounds to total
    increased  emissions  of such  air pollutant shall be at  least
    1.1 to 1.
The Administrator may,  in the Administrator's discretion, require
States to submit a schedule for submitting any of the  revisions or
other items required  under this subsection. The requirements  of
this subsection shall  apply in lieu  of any requirement that the
State submit a demonstration that the  applicable implementation
plan provides for  attainment of the ozone standard by  the applica-
ble attainment  date in any Marginal Area. Section 172(cX9) (relat-
ing to contingency measures) shall not apply to Marginal Areas.
  (b) MODERATE AREAS.—Each State in which all or part of a Mod-
erate  Area is located shall, with respect to the Moderate Area,
make the submissions described  under  subsection (a)  (relating  to
Marginal Areas), and shall also submit the revisions to the applica-
ble implementation plan described under this subsection.

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173	CLEAN  AIR ACT	Sec. 182

      (1) PLAN PROVISIONS FOR REASONABLE FURTHER PROGRESS.—
          (A) GENERAL  RULE.—(i) By  no later than  3 years after
        the  date of the enactment of the Clean Air Act Amend-
        ments of 1990, the State shall submit a revision to the ap-
        plicable implementation plan  to provide  for volatile organ-
        ic compound emission reductions, within 6 years after the
        date of the enactment of the  Clean Air Act Amendments
        of 1990, of at least 15 percent from baseline  emissions, ac-
        counting for  any growth  in emissions  after the year in
        which the Clean Air Act Amendments of 1990 are enacted.
        Such plan shall  provide for such specific  annual reductions
        in emissions of  volatile  organic compounds  and  oxides of
        nitrogen as necessary to attain the national primary ambi-
        ent  air quality standard for ozone by the attainment date
        applicable  under  this Act. This subparagraph shall not
        apply  in the case of oxides of nitrogen for those  areas for
        which the Administrator determines (when  the  Adminis-
        trator approves  the  plan or plan revision) that additional
        reductions of oxides of nitrogen would not contribute to at-
        tainment.
          (ii) A percentage less  than  15 percent may be  used for
        purposes of clause (i) in  the case of any  State which dem-
        onstrates to the  satisfaction of the Administrator that—
              (I) new source review provisions  are  applicable in
            the nonattainment areas  in the same manner and to
            the same extent as required under  subsection (e) in
            the case of Extreme Areas (with the exception that, in
            applying  such provisions, the  terms  "major source"
            and "major stationary source" shall include  (in  addi-
            tion to the  sources described in section  302)  any sta-
            tionary source or group  of sources located  within a
            contiguous area and under common control that emits,
            or has the potential  to emit, at least 5 tons per year of
            volatile organic compounds);
              (II) reasonably available  control  technology is  re-
            quired for all  existing major sources (as defined in sub-
            clause (I)); and
              (III)  the plan reflecting a lesser percentage than 15
            percent includes all  measures that can feasibly be im-
            plemented in  the area, in light of technological achie-
            vability.
        To qualify  for  a  lesser percentage under this clause, a
        State must demonstrate  to the satisfaction of the  Adminis-
        trator that the  plan for the  area  includes  the measures
        that are achieved  in practice by sources in the same source
        category in nonattainment areas of the next higher catego-
        ry.
          (B) BASELINE  EMISSIONS.—For  purposes of  subparagraph
        (A),  the term "baseline emissions" means the total amount
        of actual VOC  or NO,  emissions from  all anthropogenic
        sources in the area during the calendar  year of the enact-
        ment of the Clean Air Act Amendments  of 1990, excluding

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Sec. 182
CLEAN AIR ACT
174
        emissions that would be eliminated under the regulations
        described in clauses (i) and (ii) of subparagraph (D).
          (C) GENERAL RULE  FOR CREDITABIUTY OF REDUCTIONS.—
        Except as provided under subparagraph (D), emissions re-
        ductions  are  creditable  toward the 15 percent required
        under subparagraph (A) to the extent they have actually
        occurred, as of 6 years after the date of the enactment of
        the Clean Air Act Amendments of 1990, from the imple-
        mentation of  measures  required under the applicable im-
        plementation  plan,  rules promulgated by the Administra-
        tor, or a permit under title V.
          (D) LIMITS ON  CREDITABIUTY  OF REDUCTIONS.—Emission
        reductions from the following measures are not creditable
        toward the 15 percent reductions required under subpara-
        graph (A):
             (i) Any measure relating to motor vehicle exhaust or
           evaporative emissions promulgated by the Administra-
           tor by January 1, 1990.
             (ii) Regulations concerning Reid Vapor Pressure pro-
           mulgated  by  the Administrator by the date of the en-
           actment of the Clean Air Act Amendments of 1990 or
           required to be promulgated  under section 211(h).
             (iii) Measures  required  under subsection (aX2XA)
           (concerning corrections to  implementation plans  pre-
           scribed under guidance by the Administrator).
             (iv) Measures required under subsection (aX2XB) to
           be submitted immediately after the date of the enact-
           ment of the Clean Air Act  Amendments of 1990 (con-
           cerning corrections to motor  vehicle inspection  and
           maintenance programs).
     (2) REASONABLY  AVAILABLE CONTROL TECHNOLOGY.—The State
   shall submit a revision to the applicable implementation plan
   to include provisions  to require the  implementation of reason-
   ably available control technology under  section  172(cXD with
   respect to each of the following:
         (A) Each category of VOC sources in the area covered by
       a CTG document issued by the  Administrator between the
       date of the enactment of the Clean Air Act Amendments
       of 1990 and the date of attainment.
         (B) All VOC sources  in the  area  covered by  any CTG
        issued before  the date of the enactment of the Clean Air
        Act Amendments of 1990.
         (C) All other major stationary sources of VOCs that are
        located in the  area.
   Each revision described in subparagraph (A) shall be submitted
   within the period set  forth by the Administrator in issuing the
   relevant CTG document. The revisions with respect to sources
   described in subparagraphs (B) and  (C) shall be submitted by 2
   years after the  date  of the enactment of the Clean Air Act
   Amendments of 1990, and shall provide for the implementation
   of the  required measures as expeditiously as practicable but no
   later than May 31, 1995.
     (3) GASOLINE VAPOR RECOVERY.—

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175	CLEAN AIR ACT	Sec. 182

          (A) GENERAL RULE.—Not later than 2 years after the
        date of the enactment of the Clean  Air  Act Amendments
        of 1990, the State shall submit a revision to the applicable
        implementation plan to require all owners or operators of
        gasoline dispensing systems to install and  operate, by the
        date prescribed under subparagraph  (B), a system for gaso-
        line vapor recovery of emissions from the fueling of motor
        vehicles. The Administrator shall issue guidance as appro-
        priate as to the effectiveness of such  system. This subpara-
        graph shall apply only  to  facilities  which  sell more than
        10,000  gallons of gasoline  per  month (50,000 gallons  per
        month in the case of an independent small business mar-
        keter of gasoline as defined in section 325).
          (B) EFFECTIVE  DATE.—The date required  under  subpara-
        graph (A) shall be—
              (i) 6 months after  the adoption date, in the case of
            gasoline  dispensing  facilities for which construction
            commenced  after the  date  of the  enactment  of  the
            Clean Air Act Amendments of 1990;
              (ii) one year after  the adoption date, in the case of
            gasoline dispensing facilities which  dispense at least
            100,000 gallons of gasoline  per month, based on aver-
            age monthly sales  for the  2-year  period  before  the
            adoption date; or
              (iii) 2 years after the adoption date, in the case of all
            other gasoline dispensing facilities.
        Any gasoline dispensing  facility described  under both
        clause  (i) and clause  (ii) shall  meet the requirements of
        clause (i).
          (C)  REFERENCE TO TERMS.—For purposes of this para-
        graph, any reference to the term "adoption date" shall be
        considered a reference to the date of adoption by the State
        of requirements for the installation and  operation of a
        system for  gasoline vapor  recovery of emissions from  the
        fueling of motor vehicles.
      (4) MOTOR VEHICLE INSPECTION AND MAINTENANCE.—For all
    Moderate Areas, the State shall submit,  immediately after the
    date of the enactment  of the Clean  Air Act Amendments of
    1990, a revision to the applicable implementation plan that in-
    cludes provisions necessary to provide for a vehicle inspection
    and maintenance program as described  in subsection (aX2XB)
    (without regard to whether or  not the area was required by
    section 172(bXHXB) (as in effect immediately  before the date of
    the enactment of the Clean Air Act  Amendments of 1990) to
    have included a specific schedule for implementation of such a
    program).
      (5) GENERAL OFFSET REQUIREMENT.—For purposes of satisfy-
    ing the emission offset  requirements  of this  part, the ratio of
    total emission reductions of volatile organic compounds to total
    increase emissions  of  such air pollutant  shall be at least
    1.15 to 1.
  (c) SERIOUS AREAS.—Except  as  otherwise specified in paragraph
(4), each State in which all or  part of a Serious Area is located

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Sec. 182
CLEAN AIR ACT
176
shall, with respect to the Serious Area (or portion thereof, to the
extent specified in this subsection), make the submissions described
under subsection  (b) (relating to Moderate Areas), and shall also
submit the revisions to the applicable implementation plan (includ-
ing the  plan items) described under this subsection. For any Seri-
ous Area, the terms "major source" and "major stationary source"
include (in addition to the sources described in section 302) any sta-
tionary source or group of sources located within a contiguous area
and under common control that emits, or has the potential to emit,
at least 50 tons per year of volatile organic compounds.
      (1) ENHANCED MONITORING.—In order to obtain more compre-
    hensive and representative data on ozone air  pollution, not
    later than 18 months after the date of the enactment of the
    Clean Air Act Amendments of 1990 the Administrator  shall
    promulgate rules, after notice and  public comment, for en-
    hanced monitoring of ozone, oxides of nitrogen, and volatile or-
    ganic compounds. The rules shall, among other things, cover
    the location and maintenance of monitors. Immediately follow-
    ing the promulgation of rules by the Administrator relating to
    enhanced monitoring, the State shall commence such actions
    as may be necessary to adopt and implement a program based
    on such rules, to improve monitoring for  ambient concentra-
    tions of ozone,  oxides of nitrogen and volatile organic  com-
    pounds and to improve monitoring of emissions of oxides of ni-
    trogen and volatile organic compounds. Each State implemen-
    tation plan for the area shall contain measures to improve the
    ambient monitoring of such air pollutants.
      (2) ATTAINMENT AND REASONABLE FURTHER PROGRESS DEMON-
    STRATIONS.—Within 4 years after the date of the enactment of
    the Clean Air Act Amendments of 1990, the State shall submit
    a revision  to the applicable implementation plan that includes
    each of the following:
          (A) ATTAINMENT DEMONSTRATION.—A demonstration that
       the plan, as revised, will provide for attainment of the
       ozone  national ambient air quality standard by the appli-
       cable  attainment  date.  This attainment demonstration
        must be  based  on  photochemical grid modeling or  any
       other analytical  method determined by the Administrator,
        in the Administrator's discretion, to  be at least  as effec-
       tive.
          (B) REASONABLE FURTHER  PROGRESS DEMONSTRATION.—A
       demonstration that the plan, as revised, will result in VOC
       emissions reductions from the baseline emissions described
        in subsection (bXIXB) equal to the following amount aver-
       aged over each consecutive 3-year period beginning 6 years
       after the date of the enactment of the  Clean  Air  Act
       Amendments of 1990, until the attainment date:
             (i) at least 3 percent of baseline emissions each year;
           or
             (ii)  an amount less than 3 percent of such baseline
           emissions each  year, if the State demonstrates to the
           satisfaction of the Administrator that  the plan reflect-
           ing such lesser amount includes all measures that can

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177	CLEAN AIR ACT	Sec. 182

           feasibly be implemented in the area, in light of tech-
           nological achievability.
        To lessen the 3 percent requirement  under clause  (ii), a
        State must demonstrate to the satisfaction of the Adminis-
        trator that  the  plan for the area includes the measures
        that are achieved in practice by sources in the same source
        category in  nonattainment areas of the next higher classi-
        fication. Any determination to lessen the  3  percent re-
        quirement shall be reviewed at each milestone under sec-
        tion 182(g)  and  revised to reflect such new measures (if
        any) achieved in practice by sources in the  same category
        in  any State, allowing a  reasonable  time  to  implement
        such  measures.  The emission reductions described in this
        subparagraph shall be calculated in accordance with sub-
        section (bXD (C) and (D) (concerning creditability of reduc-
        tions). The reductions creditable for the period beginning 6
        years after the date of the enactment of the Clean Air Act
        Amendments  of 1990, shall include reductions that oc-
        curred  before such period,  computed  in accordance with
        subsection (bXl), that exceed the 15-percent amount  of re-
        ductions required under subsection (bXIXA).
         (C) NO, CONTROL.—The revision may contain, in lieu of
        the demonstration  required under  subparagraph (B), a
        demonstration  to  the satisfaction  of  the  Administrator
        that the applicable implementation plan, as revised, pro-
        vides for reductions of emissions of VOC's and oxides  of ni-
        trogen (calculated according to  the creditability provisions
        of subsection (bXD (C) and (D)),  that would  result  in a re-
        duction in ozone concentrations  at least equivalent to that
        which would result from the amount of VOC emission re-
        ductions required under subparagraph (B). Within 1 year
        after the date  of the enactment of  the Clean Air Act
        Amendments of 1990, the Administrator shall  issue  guid-
        ance  concerning the conditions  under  which NO, control
        may be substituted for VOC control or may be combined
        with  VOC control in order to maximize the reduction in
        ozone air pollution. In accord with such guidance, a lesser
        percentage of VOCs may be accepted as an adequate dem-
        onstration for purposes of this subsection.
     (3) ENHANCED VEHICLE INSPECTION AND  MAINTENANCE PRO-
    GRAM.—
         (A) REQUIREMENT FOR SUBMISSION.—Within 2 years after
        the date of the  enactment of the Clean Air Act Amend-
        ments of 1990, the State shall submit a revision to the ap-
        plicable implementation  plan to provide for an enhanced
        program to reduce  hydrocarbon emissions and NO,  emis-
        sions from in-use motor vehicles registered in each urban-
        ized area (in the nonattainment area), as defined by  the
        Bureau of the Census, with a 1980 population of 200,000 or
        more.
         (B) EFFECTIVE  DATE OF  STATE PROGRAMS; GUIDANCE.—The
        State program required under subparagraph (A) shall take
        effect no later than 2 years from the date of the enactment

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Sec. 182	CLEAN AIR ACT	178

        of the Clean  Air Act  Amendments  of 1990,  and shall
        comply in all respects with guidance published in the Fed-
        eral Register (and from time to time  revised) by the Ad-
        ministrator for enhanced vehicle inspection  and mainte-
        nance programs. Such guidance shall include—
              (0 a performance standard achievable by a program
           combining emission testing, including on-road emis-
           sion testing, with inspection to detect tampering with
           emission control devices and misfueling for all light-
           duty  vehicles and  all light-duty  trucks subject  to
           standards under section 202; and
              (ii)  program administration  features  necessary  to
           reasonably  assure  that  adequate  management  re-
           sources, tools, and practices are in place to attain and
           maintain the performance standard.
        Compliance with  the performance  standard under clause
        (i) shall be determined using a method to be established by
        the Administrator.
         (C) STATE PROGRAM.—The State program required under
        subparagraph (A) shall include, at a minimum, each of the
        following elements-—
             (1) Computerized emission analyzers, including on-
           road testing devices.
             (ii) No waivers for vehicles and parts covered by the
           emission control performance  warranty  as provided
           for in section 207(b) unless a  warranty  remedy has
           been  denied in writing,  or for tampering-related re-
           pairs.
             (iii) In view of the air quality purpose of the pro-
           gram,  if,  for  any vehicle,  waivers are permitted for
           emissions-related repairs not covered by warranty, an
           expenditure to qualify for the waiver of an amount of
           $450 or more for such repairs (adjusted annually as de-
           termined  by the Administrator on the basis of the
           Consumer Price Index in the same manner as provid-
           ed in title V).
             (iv) Enforcement through denial of vehicle registra-
           tion (except for any program in operation before the
           date of the enactment of the Clean  Air  Act Amend-
           ments of 1990 whose enforcement mechanism is dem-
           onstrated to the Administrator to be more effective
           than the applicable vehicle registration program in as-
           suring that noncomplying vehicles are not operated on
           public roads).
             (v) Annual  emission testing  and  necessary  adjust-
           ment, repair, and maintenance, unless the State dem-
           onstrates to the satisfaction of the Administrator that
           a biennial inspection, in combination with other fea-
           tures  of the program which exceed  the  requirements
           of this Act, will  result in  emission  reductions which
           equal or exceed the reductions  which can be obtained
           through such annual inspections.

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179	CLEAN AIR ACT	Sec. 182

              (vi) Operation of the program on a centralized basis,
            unless  the State  demonstrates to the satisfaction of
            the Administrator that a decentralized program will
            be equally effective. An electronically connected test-
            ing system, a licensing system, or other measures (or
            any combination  thereof) may be considered, in ac-
            cordance with criteria established by the  Administra-
            tor, as equally effective for such purposes.
              (vii) Inspection  of emission control diagnostic sys-
            tems and the  maintenance or repair of malfunctions
            or system deterioration identified by or affecting such
            diagnostics systems.
        Each State shall biennially prepare a report to the Admin-
        istrator which assesses the emission  reductions  achieved
        by the program required  under this  paragraph based on
        data collected during inspection and repair of vehicles. The
        methods used to assess the emission reductions shall be
        those established by the Administrator.
      (4) CLEAN-FUEL VEHICLE PROGRAMS.—(A)  Except to the extent
    that substitute provisions have been approved by the Adminis-
    trator under subparagraph (B), the State shall submit to the
    Administrator, within 42 months of the date  of the enactment
    of the Clean Air Act Amendments of 1990, a revision to the ap-
    plicable implementation  plan  for each area  described under
    part C of title II to include such measures as may be necessary
    to ensure  the effectiveness of the applicable  provisions of the
    clean-fuel  vehicle program prescribed under part C of title II,
    including all measures necessary to make the use of clean al-
    ternative fuels  in clean-fuel vehicles  (as defined  in part C of
    title II) economic from the standpoint of vehicle owners. Such a
    revision shall also be submitted  for each area that opts into
    the clean fuel-vehicle program as provided in part C of title II.
      (B) The  Administrator shall  approve, as a  substitute for all
    or a portion of the clean-fuel vehicle program prescribed under
    part C of title II, any revision to the relevant applicable imple-
    mentation  plan that  in  the   Administrator's judgment will
    achieve  long-term reductions in ozone-producing and toxic air
    emissions  equal  to those achieved under part C of title II, or
    the percentage thereof attributable to the portion of the clean-
    fuel vehicle program for  which the revision  is to substitute.
    The Administrator may approve such revision only if it con-
    sists exclusively of provisions other than those required under
    this Act for the  area. Any State seeking approval of such revi-
    sion must submit  the revision  to the Administrator within 24
    months  of the  date of the enactment of the Clean Air Act
    Amendments of 1990. The  Administrator shall approve or dis-
    approve any such revision within 30 months of the date of the
    enactment of the Clean Air Act Amendments of 1990. The Ad-
    ministrator shall publish the revision submitted by a State in
    the Federal Register upon receipt. Such notice shall constitute
    a notice of proposed rulemaking on whether or not to approve
    such revision and shall be deemed to comply with the require-
    ments concerning notices of proposed rulemaking  contained in

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Sec. 182
CLEAN AIR ACT
180
    sections 553 through 557 of title  5 of the United States Code
    (related to notice and comment). Where the Administrator ap-
    proves such revision for any area, the State need not submit
    the revision required by subparagraph (A) for the area with re-
    spect to the portions of the Federal clean-fuel vehicle program
    for which the Administrator has approved the revision as a
    substitute.
      (C) If the Administrator determines, under section 179, that
    the State has failed to submit any portion of the program re-
    quired under subparagraph (A), then, in addition to  any sanc-
    tions available  under section 179, the State may not receive
    credit,  in any demonstration of attainment or reasonable fur-
    ther progress for the area, for any emission reductions from
    implementation  of the corresponding  aspects of the Federal
    clean-fuel vehicle requirements established in part C  of title II.
      (5) TRANSPORTATION CONTROL.—(A)' Beginning 6 years after
    the date of the enactment of the Clean Air Act Amendments of
    1990 and each third year thereafter, the State  shall submit a
    demonstration as to  whether current aggregate vehicle mile-
    age, aggregate vehicle  emissions,  congestion levels, and other
    relevant parameters are consistent with those used for the
    area's demonstration of attainment. Where such parameters
    and emissions levels exceed the levels projected  for purposes of
    the area's attainment demonstration, the State shall  within 18
    months develop and submit a revision of the applicable  imple-
    mentation plan that includes a  transportation control meas-
    ures program consisting of measures from, but  not limited to,
    section 108(f) that will reduce emissions to levels that are con-
    sistent with emission  levels projected in such  demonstration.
    In considering such  measures,  the  State should ensure ade-
    quate  access to downtown, other  "^mmercial, and residential
    areas  and should  avoid  measu.   that increase or relocate
    emissions and congestion rather than  reduce them. Such revi-
    sion shall be developed in accordance  with guidance  issued by
    the Administrator pursuant to section  108(e) and with the re-
    quirements  of section 174(b)  and shall include implementation
    and funding schedules that  achieve expeditious emissions re-
    ductions in  accordance with implementation plan projections.
      (6)  DE MINIMIS RULE.—The new  source  review  provisions
    under this part shall ensure that increased emissions of vola-
    tile organic compounds resulting from any physical change in,
    or change in the method of operation of, a stationary  source
    located in the area shall not be considered de minimis for pur-
    poses of determining the applicability of the permit require-
    ments established by this Act unless the increase in  net emis-
    sions of such air pollutant from such source does not  exceed 25
    tons when aggregated with all other net increases in  emissions
    from  the source  over  any period of 5  consecutive calendar
    years which includes the calendar year in which such increase
    occurred.
 1 So in law. Paragraph (5) was enacted without a subparagraph IB).

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181	CLEAN AIR ACT	Sec. 182

      (7) SPECIAL  RULE FOR MODIFICATIONS  OF SOURCES  EMITTING
    LESS THAN 100 TONS.—In  the  case of any  major stationary
    source of volatile  organic compounds located in the area (other
    than a source which emits or has the potential to emit 100 tons
    or more of volatile organic compounds per year), whenever any
    change (as described in section lll(aX4)) at that source results
    in any increase (other than a de minimis increase)  in emissions
    of volatile organic compounds  from any  discrete operation,
    unit, or other pollutant emitting activity at the source, such in-
    crease shall be considered  a modification for purposes of sec-
    tion 172(cX5) and  section 173(a), except that such increase shall
    not be considered a modification for such purposes  if the owner
    or operator  of the source  elects to offset the  increase by a
    greater reduction in emissions of volatile  organic compounds
    concerned from other operations, units, or activities within the
    source at  an internal  offset ratio of at least 1.3  to  1.  If the
    owner or  operator does not make such  election, such  change
    shall be considered a modification for such  purposes, but in ap-
    plying section 173(aX2) in the  case of any such modification,
    the best available control technology (BACT), as  defined in sec-
    tion 169, shall be substituted for the lowest achievable emis-
    sion rate (LAER). The Administrator shall establish  and pub-
    lish policies and procedures for implementing the provisions of
    this paragraph.
      (8) SPECIAL RULE FOR MODIFICATIONS OF SOURCES EMITTING 100
    TONS OR MORE.—In  the case of any major stationary  source of
    volatile organic compounds located  in the area which emits or
    has the  potential to emit 100 tons or more of volatile organic
    compounds per year, whenever any change (as described in sec-
    tion lll(aX4)) at that source results in any increase (other than
    a de minimis  increase) in  emissions of volatile organic com-
    pounds from  any discrete operation, unit, or other  pollutant
    emitting activity  at the source,  such increase shall be consid-
    ered a modification for purposes of section 172(cX5) and section
    173(a), except that if the owner or operator of the source elects
    to offset the  increase  by a greater  reduction in emissions of
    volatile organic compounds from other operations,  units, or ac-
    tivities within the source at an internal  offset ratio of at least
    1.3 to 1, the requirements  of section 173(aX2) (concerning the
    lowest achievable emission rate (LAER)) shall not apply.
      (9) CONTINGENCY PROVISIONS.—In addition to the contingency
    provisions required under  section 172(cX9), the plan revision
    shall provide for the implementation of specific measures to be
    undertaken if the area fails to  meet any applicable milestone.
    Such measures shall be included in the plan revision as contin-
    gency measures to take effect without  further  action by the
    State or the Administrator upon a failure by the State to meet
    the applicable milestone.
      (10) GENERAL OFFSET REQUIREMENT.—For purposes of satisfy-
    ing the emission  offset requirements of  this part, the ratio of
    total emission reductions of volatile organic compounds to total
    increase emissions of such air pollutant shall be at least 1.2 to
    1.

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Sec. 182	CLEAN AIR ACT	182

Any reference to "attainment date" in subsection (b), which is in-
corporated by reference into this subsection, shall refer to the at-
tainment date for serious areas.
  (d) SEVERE AREAS.—Each State in which all or part of a Severe
Area  is located  shall, with respect to the Severe Area, make the
submissions described under subsection (c) (relating to Serious
Areas), and shall also submit the revisions to the applicable imple-
mentation plan (including the plan items) described under this sub-
section. For any Severe Area, the terms "major source" and "major
stationary source" include (in addition to the sources described in
section 302)  any stationary  source  or group  of  sources  located
within a  contiguous area and under common control that emits, or
has the potential to emit, at least 25 tons per year of volatile or-
ganic compounds.
      (1) VEHICLE  MILES  TRAVELED.—(A) Within 2 years after the
    date  of enactment of the Clean Air Act Amendments of 1990,
    the State shall submit a revision that identifies and adopts spe-
    cific enforceable transportation control strategies and transpor-
    tation control measures to offset any growth in emissions from
    growth in vehicle miles traveled or numbers of vehicle trips in
    such area and to attain reduction in motor vehicle emissions as
    necessary, in combination  with  other  emission  reduction  re-
    quirements of this subpart, to comply with the requirements of
    subsection (bX2XB) and (cX2XB) (pertaining to periodic emis-
    sions reduction requirements). The State shall consider meas-
    ures specified in section 108(0, and choose from among and im-
    plement such  measures  as necessary to demonstrate attain-
    ment with the national ambient air quality standards; in con-
    sidering such  measures, the State  should ensure adequate
    access to downtown, other commercial, and residential areas
    and should avoid measures that increase or relocate emissions
    and congestion rather than reduce them.
      (B) Within 2 years after the date of enactment  of the Clean
    Air Act Amendments of 1990, the State shall submit a revision
    requiring employers  in  such area to implement  programs to
    reduce work-related  vehicle trips and  miles traveled by  em-
    ployees. Such revision shall be developed in accordance with
    guidance issued by the Administrator pursuant to section 108(f)
    and shall, at a minimum, require that each employer of 100 or
    more persons in such area increase average passenger occupan-
    cy per vehicle in commuting trips between home and the work-
    place during peak travel periods  by not less than 25 percent
    above the average vehicle occupancy for all such trips in the
    area  at the time the revision is submitted. The guidance of the
    Administrator may specify average vehicle occupancy rates
    which vary for locations  within a nonattainment area (subur-
    ban,  center city, business  district) or among nonattainment
    areas reflecting existing occupancy rates and the availability of
    high  occupancy  modes.  The  revision shall  provide  that each
    employer subject to a  vehicle occupancy  requirement shall
    submit a compliance plan within 2 years after the date the re-
    vision is submitted which shall convincingly demonstrate com-

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                         CLEAN AIR ACT                   Sec. 182
    pliance with the requirements of this paragraph not later than
    4 years after such date.
      (2)  OFFSET  REQUIREMENT. — For purposes  of satisfying the
    offset requirements pursuant to this part,  the ratio of total
    emission reductions of VOCs to total  increased  emissions  of
    such air pollutant shall be at least 1.3  to 1, except that if the
    State plan requires all existing major sources in the nonattain-
    ment area to  use best available control technology (as defined
    in section 169(3)) for the control of volatile organic compounds,
    the ratio shall be at least 1.2  to 1.
      (3)  ENFORCEMENT UNDES  SECTION 185. — By December 31,
    2000, the State shall submit a plan revision which includes the
    provisions required under section 185.
Any reference  to the term "attainment date" in subsection (b) or
(c), which is incorporated by reference into this subsection (d), shall
refer to the attainment date for Severe Areas.
  (e) EXTREME  AREAS. — Each State in which ail or part of an Ex-
treme Area is located shall,  with respect  to the Extreme Area,
make the submissions  described  under subsection (d) (relating to
Severe Areas), and shall also submit the revisions to the applicable
implementation plan (including  the plan items) described  under
this  subsection. The provisions of clause (ii) of subsection (cX2XB)
(relating to reductions of less than 3 percent), the provisions of par-
agaphs (6), (7) and (8) of subsection (c) (relating to de minimus rule
and modification of sources), and  the provisions of clause (ii) of sub-
section (bXIXA) (relating to reductions of less than 15 percent) shall
not apply in the case of an Extreme Area. For any Extreme Area,
the terms "major  source"  and "major stationary source"  includes
(in addition to the sources described in section 302) any stationary
source or group of sources located within  a contiguous area and
under common control  that emits, or has the potential to emit, at
least 10 tons per year of volatile organic compounds.
      (1)  OFFSET  REQUIREMENT. — For purposes  of satisfying the
    offset requirements pursuant to this part,  the ratio of total
    emission reductions of VOCs to total  increased emissions of
    such air pollutant shall be at least 1.5  to 1, except that if the
    State plan  requires all existing major sources in the nonattain-
    ment area to use best available control technology (as defined
    in section 169(3)) for the control of volatile organic compounds,
    the ratio shall be at least 1,2  to 1.
      (2)  MODIFICATIONS — Any  change  (as described in  section
    lll(aX4)) at a  major stationary source which results in any in-
    crease in emissions from any discrete operation, unit,  or other
    pollutant emitting activity at the source shall  be considered a
    modification for purposes of section 172(cX5) and section 173(a),
    except that for purposes of complying with the offset require-
    ment pursuant to section 173(aXD, any  such increase shall not
    be considered  a modification if the owner or  operator of the
    source elects to offset the  increase by  a greater  reduction in
    emissions of the air pollutant concerned from other discrete op-
    erations, units, or activities  within the source at an  internal
    offset ratio of  at least  1.3 to  1. The offset requirements of this
    part shall not  be applicable in Extreme  Areas to a modification

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Sec. 182
CLEAN AIR ACT
184
    of an existing source if such modification consists of installa-
    tion  of equipment required to comply with the applicable im-
    plementation plan, permit, or this Act.
      (3) USE  OF CLEAN FUELS OR ADVANCED  CONTROL TECHNOLO-
    GY.—For Extreme Areas,  a plan revision shall be submitted
    within 3 years after the date of the enactment of the Clean Air
    Act Amendments of 1990  to require, effective 8 years after
    such date, that each new, modified, and existing electric utility
    and industrial and commercial boiler which emits more than
    25 tons per year of oxides of nitrogen—
          (A) burn as its primary fuel natural gas, methanol, or
       ethanol (or a comparably low polluting fuel), or
          (B) use  advanced control technology (such  as  catalytic
       control technology  or other  comparably  effective control
       methods) for reduction of emissions of oxides of nitrogen.
    For  purposes  of  this  subsection,  the term  "primary fuel"
    means the fuel which is used 90 percent or more of the operat-
    ing time. This paragraph shall not apply during  any natural
    gas supply emergency (as defined  in title III of the  Natural Gas
    Policy Act of 1978).
      (4)   TRAFFIC CONTROL  MEASURES  DURING  HEAVY  TRAFFIC
    HOURS.—For Extreme Areas, each implementation plan revi-
    sion under this subsection  may contain provisions establishing
    traffic control  measures applicable during heavy traffic hours
    to reduce the use of high polluting vehicles or  heavy-duty vehi-
    cles, notwithstanding any other provision of law.
      (5)  NEW TECHNOLOGIES.—The Administrator may, in accord-
    ance  with section 110, approve provisions of an implementation
    plan  for an  Extreme Area which anticipate development of
    new  control techniques or improvement of  existing control
    technologies, and an attainment  demonstration based on such
    provisions, if the State  demonstrates to the satisfaction of the
    Administrator that—
          (A) such provisions are not necessary to achieve  the in-
       cremental emission reductions required during the first 10
       years after the date of the enactment of the Clean Air Act
       Amendments of 1990; and
          (B) the State has submitted enforceable commitments to
       develop and adopt contingency measures to be implement-
       ed as set forth herein if the anticipated technologies do not
       achieve planned reductions.
    Such contingency measures shall  be submitted to the Adminis-
    trator no later than 3 years before proposed implementation of
    the plan provisions  and approved  or disapproved by the  Ad-
    ministrator in accordance  with section  110. The  contingency
    measures shall be adequate to produce emission reductions suf-
    ficient, in conjunction with other approved plan provisions, to
    achieve the periodic emission reductions required by subsection
    (bXD or (cX2) and attainment by the applicable dates. If the
    Administrator determines  that an Extreme Area has failed to
    achieve an emission  reduction requirement set forth in subsec-
    tion (bXD or  (c)(2), and that such failure is due in whole or part
    to an inability to fully  implement  provisions  approved pursu-

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185	CLEAN AIR ACT	Sec. 182

    ant to this subsection, the  Administrator shall require the
    State to  implement the contingency measures to the extent
    necessary to assure  compliance with  subsections  (bXD  and
    (cX2).
Any reference to the term "attainment date" in subsection (b), (c),
or (d) which is incorporated by reference into this subsection, shall
refer to the attainment date for Extreme Areas.
  (f) NO,  REQUIREMENTS.—(1) The plan provisions required under
this subpart  for major stationary sources of volatile organic com-
pounds shall  also apply to major stationary sources (as defined in
section 302 and subsections (c), (d), and (e) of this section) of oxides
of nitrogen. This subsection shall not apply in the case of oxides of
nitrogen for those sources for which the Administrator determines
(when  the Administrator approves a plan or plan revision) that net
air quality benefits are greater in the absence  of reductions of
oxides of nitrogen  from  the  sources  concerned.  This subsection
shall also not apply in  the case of oxides of nitrogen for—
      (A)  nonattainment areas  not within  an  ozone  transport
    region under section  184  if the  Administrator determines
    (when the Administrator approves a plan or plan revision) that
    additional reductions  of oxides of nitrogen would not  contrib-
    ute to attainment  of the national ambient air quality standard
    for ozone in the area, or
      (B)  nonattainment  areas within such an  ozone  transport
    region if the  Administrator determines (when the Administra-
    tor approves a plan or plan revision) that additional reductions
    of oxides of nitrogen would not produce net ozone air quality
    benefits in such region.
The Administrator  shall, in the Administrator's determinations,
consider the study required under section 185B.
  (2KA) If the Administrator determines that excess reductions in
emissions  of  NOX would be achieved under paragraph (1),  the  Ad-
ministrator may limit the application of paragraph (1) to the extent
necessary to avoid achieving such excess reductions.
  (B) For  purposes  of this paragraph, excess reductions in emis-
sions of NOX  are  emission reductions for which the Administrator
determines that net air quality benefits are greater in the  absence
of such reductions.  Alternatively, for purposes of this paragraph,
excess reductions  in emissions of NO, are, for—
      (i) nonattainment areas  not within an ozone transport region
    under section 184, emission reductions that the Administrator
    determines would  not contribute to attainment of the national
    ambient air quality standard for ozone in the area, or
      (ii) nonattainment areas within such ozone transport region,
    emission  reductions that the Administrator determines would
    not produce net ozone air quality benefits in such region.
  (3) At any  time after the final report under section  185B is sub-
mitted to Congress, a person may petition the Administrator for a
determination under paragraph (1) or (2) with respect to any nonat-
tainment area  or any ozone  transport region under section  184.
The Administrator shall  grant or  deny such  petition within  6
months after  its filing with the Administrator.
  (g) MILESTONES.—

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Sec. 182	CLEAN AIR ACT	186

      (1) REDUCTIONS IN EMISSIONS.—6 years after the date of the
    enactment of the Clean Air Amendments of 1990 and at inter-
    vals  of  every 3 years thereafter,  the State shall determine
    whether each nonattainment  area  (other than an area classi-
    fied  as  Marginal or Moderate) has  achieved a reduction in
    emissions  during the preceding intervals equivalent  to  the
    total emission reductions required to be achieved by the end of
    such interval pursuant to subsection (bXD and the correspond-
    ing requirements of subsections (cX2)  (B) and (C), (d), and (e).
    Such reduction  shall be referred to in this section as  an appli-
    cable milestone.
      (2) COMPLIANCE DEMONSTRATION.—For  each  nonattainment
    area  referred to in paragraph (1), not later than 90 days after
    the date on which an applicable milestone occurs (not includ-
    ing an attainment date on which a milestone occurs in cases
    where the standard has been attained), each State in which all
    or part of such area is located shall submit to the Administra-
    tor a demonstration that the milestone has been met. A dem-
    onstration under this paragraph shall be submitted  in such
    form and  manner, and shall contain such  information and
    analysis, as the Administrator shall require,  by rule. The  Ad-
    ministrator shall determine whether or not  a  State's demon-
    stration  is adequate within 90 days after the Administrator's
    receipt of a demonstration which contains the information and
    analysis required by the Administrator.
      (3)  SERIOUS AND SEVERE  AREAS; STATE ELECTION.—If a State
    fails  to submit  a demonstration under paragraph (2) for any
    Serious or Severe Area within the required period or if the  Ad-
    ministrator determines that the area has not met any applica-
    ble milestone, the State  shall elect, within 90 days after such
    failure or determination—
          (A) to have the area reclassified to the next higher clas-
       sification,
          (B) to implement specific additional measures adequate,
       as determined by the Administrator, to meet the next
       milestone as provided in the applicable contingency plan,
       or
          (C) to adopt an economic incentive program as described
       in paragraph (4).
    If the State makes an election under subparagraph (B), the  Ad-
    ministrator shall, within 90  days  after  the election,  review
    such  plan and shall, if the Administrator finds the contingency
    plan  inadequate, require further measures necessary to meet
    such  milestone.  Once the State makes an election, it shall be
    deemed accepted by the Administrator as meeting the election
    requirement.  If the  State fails to make an  election  required
    under this  paragraph within the  required  90-day period or
    within 6 months thereafter, the area shall be  reclassified to
    the next higher  classification by operation of law at the expira-
    tion of such 6-month period. Within 12 months  after the date
    required for the State to  make an election, the State shall
    submit a revision of the applicable implementation  plan  for
    the area that meets the requirements of this paragraph. The

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187	CLEAN AIR ACT	Sac. 182

    Administrator shall review such plan revision and approve or
    disapprove the revision within 9 months after the date of its
    submission.
      (4) ECONOMIC INCENTIVE PROGRAM.—
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Sec. 182
CLEAN AIR ACT
188
Administrator, in  the Administrator's discretion, as a rural trans-
port area within the meaning of paragraph (2), shall be treated by
operation of law as satisfying the requirements of this section if it
makes the submissions required under subsection (a) of this section
(relating to marginal areas).
  (2) The Administrator may treat an ozone nonattainment area as
a rural transport  area if the Administrator  finds that sources of
VOC  (and,  where the Administrator determines  relevant,  NOX)
emissions within the area do not make a significant contribution to
the ozone concentrations  measured in the area or in other areas.
  (i) RECLASSIFIED  AREAS.—Each State containing an ozone nonat-
tainment area reclassified under section 181(bX2) shall  meet such
requirements of subsections (b) through (d) of this section as may
be applicable to  the area as reclassified, according to the schedules
prescribed in connection with such requirements, except that the
Administrator may adjust any applicable deadlines (other than at-
tainment dates)  to the extent such adjustment is necessary or ap-
propriate to assure consistency among the required submissions.
  (j) MULTI-STATE OZONE NONATTAINMENT AREAS.—
      (1) COORDINATION AMONG STATES.—Each State in which there
    is  located a portion  of a single ozone  nonattainment area
    which covers more than one State (hereinafter in this section
    referred  to  as a  "multi-State  ozone nonattainment area")
    shall—
          (A) take all reasonable steps to coordinate, substantively
        and  procedurally, the revisions  and  implementation of
        State  implementation  plans  applicable to  the  nonattain-
        ment area concerned; and
          (B) use photochemical grid modeling or any other analyt-
        ical method  determined by the Administrator,  in his dis-
        cretion,  to be at least as effective.
    The Administrator may not approve any revision of a State im-
    plementation plan submitted  under this  part  for a  State in
    which part of a multi-State ozone nonattainment area is locat-
    ed if the plan  revision for that State fails to comply with the
    requirements of this subsection.
      (2) FAILURE  TO DEMONSTRATE ATTAINMENT.—If any State in
    which there is located a portion of a multi-State ozone nonat-
    tainment area fails  to provide a demonstration  of attainment
    of the national ambient air quality  standard for ozone in that
    portion within the required period, the State may petition the
    Administrator to make a finding that the  State would have
    been able to make such demonstration but for the  failure of
    one or more other States in which  other portions of the area
    are located to commit to the implementation of all  measures
    required under section  182 (relating to  plan submissions and
    requirements for ozone nonattainment areas). If the Adminis-
    trator makes such finding, the provisions of section 179 (relat-
    ing to sanctions) shall not apply, by  reason of the failure to
    make such  demonstration, in the portion of the multi-State
    ozone nonattainment area within the State submitting such pe-
    tition.
[42 U.S.C. 751 la]

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189	CLEAN AIR ACT	Sec. 183

SEC. 183. FEDERAL OZONE MEASURES.
  (a) CONTROL TECHNIQUES GUIDELINES FOR VOC SOURCES.—Within
3 years after the date of the enactment of the Clean Air Act
Amendments of 1990,  the Administrator shall issue  control tech-
niques guidelines, in accordance with section 108, for  11  categories
of stationary sources of VOC emissions for which such guidelines
have not been issued as of such date of enactment, not including
the categories referred to  in paragraphs (3) and (4) of subsection (b)
of this section. The Administrator may issue such additional con-
trol techniques guidelines  as the Administrator deems necessary.
  (b) EXISTING AND NEW  CTGS.—(1) Within 36 months after the
date of the enactment of  the Clean  Air Act Amendments of 1990,
and  periodically thereafter, the Administrator shall review and, if
necessary, update control  technique  guidance issued  under section
108 before the date of the enactment of the Clean Air Act Amend-
ments of 1990.
  (2) In issuing the guidelines the Administrator shall give priority
to those categories which  the Administrator considers to make the
most significant contribution to the formation  of  ozone  air pollu-
tion  in ozone  nonattainment  areas,  including hazardous  waste
treatment,  storage,  and  disposal  facilities which  are  permitted
under subtitle C of the Solid Waste Disposal Act. Thereafter the
Administrator shall periodically  review and, if necessary,  revise
such guidelines.
  (3) Within 3 years after the date of the enactment  of the Clean
Air Act Amendments of 1990, the Administrator shall issue control
techniques guidelines in accordance with section 108 to reduce the
aggregate emissions of volatile organic compounds into the ambient
air from aerospace coatings and solvents. Such control techniques
guidelines shall, at a minimum, be  adequate to reduce  aggregate
emissions of volatile organic compounds into the ambient air from
the application of such coatings and solvents to such level as the
Administrator determines may be achieved through the adoption of
best available control measures. Such control technology guidance
shall provide for such  reductions in such increments and on such
schedules as the Administrator determines to be reasonable, but in
no event later than  10 years after the final issuance of such control
technology  guidance. In  developing control technology guidance
under  this subsection, the Administrator shall consult with the
Secretary of Defense, the  Secretary of Transportation, and the Ad-
ministrator of the National Aeronautics and Space Administration
with regard to the establishment of specifications for such coatings.
In evaluating VOC  reduction strategies,  the guidance shall take
into  account  the applicable requirements of section  112 and the
need to protect stratospheric ozone.
  (4) Within 3 years after the date of the enactment  of the Clean
Air Act Amendments of 1990, the Administrator shall issue control
techniques guidelines in accordance with section 108 to reduce the
aggregate emissions of volatile organic compounds  and PM-10 into
the ambient air from paints, coatings, and solvents used in  ship-
building operations and ship repair. Such control techniques guide-
lines shall, at a minimum, be adequate to reduce  aggregate  emis-
sions of volatile organic compounds and PM-10 into the ambient

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 Sec. 183
CLEAN AIR ACT
190
air from the removal or application of such paints, coatings, and
solvents to such level  as the  Administrator determines may be
achieved through the adoption of the best available control meas-
ures. Such control techniques guidelines shall provide for such re-
ductions in such increments and on such schedules as the Adminis-
trator determines to be reasonable, but in no event later than 10
years after the final issuance of such control technology guidance.
In developing control techniques guidelines  under this subsection,
the Administrator shall consult with the appropriate Federal agen-
cies.
  (c) ALTERNATIVE CONTROL TECHNIQUES.—Within 3 years after the
date of the enactment of the Clean Air Act Amendments of 1990,
the Administrator shall issue technical documents which identify
alternative controls for all categories of stationary sources of vola-
tile organic compounds and oxides of nitrogen which emit, or have
the potential to emit 25 tons per year or more of such air pollutant.
The Administrator shall revise and update such documents as the
Administrator determines necessary.
  (d)  GUIDANCE  FOR EVALUATING  COST-EFFECTIVENESS.—Within 1
year after the date of the enactment of the Clean Air Act Amend-
ments of 1990, the Administrator shall provide guidance to the
States to be  used in evaluating the relative cost-effectiveness of
various options for the control  of emissions  from existing station-
ary sources of air pollutants which contribute to nonattainment of
the national ambient air quality standards for ozone.
  (e) CONTROL OF EMISSIONS FROM CERTAIN SOURCES.—
      (1) DEFINITIONS.—For purposes of this subsection—
          (A) BEST AVAILABLE CONTROLS.—The term "best available
        controls" means the degree of emissions reduction that the
        Administrator determines, on  the  basis of technological
        and  economic  feasibility,  health,   environmental,  and
        energy impacts, is achievable through the application of
        the most effective  equipment, measures, processes, meth-
        ods, systems or techniques, including chemical reformula-
        tion, product or feedstock substitution, repackaging, and
        directions for use, consumption, storage, or disposal.
          (B) CONSUMER OR COMMERCIAL PRODUCT.—The term  "con-
        sumer or commercial product" means any substance,  prod-
        uct (including paints, coatings, and solvents), or article (in-
        cluding any container  or packaging) held by any person,
        the use, consumption, storage, disposal, destruction, or de-
        composition of which may result in  the release of volatile
        organic compounds. The term does not include fuels or fuel
        additives regulated  under section 211, or motor vehicles,
        non-road vehicles, and  non-road engines as defined under
        section 216.
          (C) REGULATED ENTITIES.—The term "regulated entities"
        means—
              (i) manufacturers, processors,  wholesale distributors,
           or importers of consumer or commercial products  for
            sale or  distribution  in  interstate commerce in the
            United States; or

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191	CLEAN AIR ACT	Sec. 183

              (ii) manufacturers,  processors, wholesale  distribu-
            tors, or importers that supply the entities listed under
            clause (i) with such products for sale or distribution in
            interstate commerce in the United States.
      (2) STUDY AND REPORT.—
          (A) STUDY.—The Administrator shall conduct a study of
        the emissions of volatile organic compounds into the ambi-
        ent air  from  consumer and  commercial products (or any
        combination thereof) in order to—
              (i) determine  their potential to contribute to ozone
            levels  which violate the national ambient air quality
            standard  for ozone; and
              (ii) establish  criteria for regulating  consumer and
            commercial products or classes  or  categories thereof
            which shall be subject to control under this subsection.
        The study shall be  completed and a report submitted to
        Congress not later than 3 years after  the date of the enact-
        ment of the Clean Air Act Amendments  of 1990.
          (B) CONSIDERATION OF CERTAIN  FACTORS.—In establishing
        the criteria under subparagraph  (AXii),  the Administrator
        shall take into consideration each of the  following:
              (i) The uses,  benefits, and commercial  demand of
            consumer and commercial products.
              (ii) The health or safety functions (if  any) served by
            such consumer and commercial products.
              (iii) Those consumer and commercial products which
            emit highly reactive volatile organic compounds into
            the  ambient air.
              (iv) Those consumer and commercial products which
            are  subject to the most cost-effective controls.
              (v) The availability of alternatives (if any) to  such
            consumer and commercial products  which are of com-
            parable costs, considering health, safety, and environ-
            mental impacts.
      (3) REGULATIONS TO REQUIRE EMISSION REDUCTIONS.—
          (A)  IN GENERAL.—Upon submission of the final report
        under paragraph (2), the Administrator shall list those cat-
        egories of consumer or commercial products that the Ad-
        ministrator determines, based on the study, account for at
        least 80 percent of the VOC emissions, on a reactivity-ad-
        justed basis,  from  consumer or commercial products in
        areas that violate  the NAAQS for ozone. Credit toward the
        80 percent emissions calculation shall be given for emis-
        sion reductions from consumer  or  commercial products
        made  after the  date of enactment of this section. At such
        time, the Administrator shall divide  the list into 4 groups
        establishing priorities for regulation  based on the criteria
        established in paragraph (2). Every 2 years after promul-
        gating  such  list,  the  Administrator shall  regulate one
        group of categories  until all 4 groups are  regulated. The
        regulations shall require best available controls as defined
        in this section.  Such regulations may exempt health use
        products for which  the Administrator determines there is

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Sec.
CLEAN AIR ACT
192
        no suitable substitute.  In  order to carry out this section,
        the Administrator may, by regulation, control or prohibit
        any activity,  including the manufacture  or introduction
        into commerce, offering for sale, or sale of any consumer
        or commercial product which results in emission of volatile
        organic compounds into the ambient air.
          (B) REGULATED ENTITIES.—Regulations under this subsec-
        tion may be imposed only with respect to regulated enti-
        ties.
          (C) USE OF  CTGS.—For any consumer or  commercial
        product  the Administrator may issue control techniques
        guidelines under this Act in lieu of regulations required
        under subparagraph (A) if the Administrator determines
        that such guidance will be  substantially as effective as reg-
        ulations in reducing emissions of  volatile  organic com-
        pounds which contribute  to ozone levels  in areas  which
        violate  the  national ambient  air  quality  standard  for
        ozone.
     (4) SYSTEMS OF REGULATION.—The regulations under this sub-
   section may include any system or systems of regulation as the
   Administrator may deem appropriate, including requirements
   for  registration and labeling,   self-monitoring and reporting,
   prohibitions,  limitations, or  economic  incentives (including
   marketable permits and auctions of emissions  rights) concern-
   ing  the  manufacture, processing, distribution, use, consump-
   tion, or disposal of the product.
     (5) SPECIAL FUND.—Any amounts collected by the Adminis-
   trator under such regulations  shall be deposited in a special
   fund in the United States Treasury for licensing and other
   services, which thereafter shall be available  until expended,
   subject to annual appropriation Acts, solely to carry out the ac-
   tivities of the  Administrator for which such fees, charges, or
   collections are established or made.
     (6) ENFORCEMENT.—Any  regulation established  under  this
   subsection shali be treated,  for purposes of enforcement of this
   Act, as a standard under section 111 and any violation of such
   regulation shall be treated  as  a violation  of a requirement of
   section lll(e).
     (7) STATE  ADMINISTRATION.—Each  State may develop  and
   submit to the  Administrator a procedure under State law for
   implementing  and enforcing  regulations  promulgated  under
   this subsection. If the Administrator finds the  State procedure
   is adequate,  the Administrator shall approve  such procedure.
   Nothing in this paragraph shall prohibit the Administrator
   from enforcing any applicable regulations under this subsec-
   tion.
     (8) SIZE, ETC.—No regulations regarding the size, shape, or la-
   beling of a product may be promulgated, unless the Adminis-
   trator determines such regulations to be useful in meeting any
   national ambient air quality standard.
     (9) STATE CONSULTATION.—Any State which proposes regula-
   tions other than those adopted under this subsection shall  con-
   sult with the Administrator regarding whether any other State

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193	CLEAN AIR ACT	Sec. 183

    or local subdivision has promulgated or is promulgating regu-
    lations on any products covered under this part. The Adminis-
    trator shall  establish a clearinghouse of information, studies,
    and regulations proposed and promulgated regarding products
    covered under this subsection and disseminate such informa-
    tion collected as requested by State or local subdivisions.
  (f) TANK VESSEL STANDARDS.—
      (1) SCHEDULE FOR STANDARDS.—(A)  Within 2 years after the
    date of the  enactment of the Clean  Air Act Amendments of
    1990, the Administrator, in consultation with the Secretary of
    the Department  in which  the Coast Guard is operating, shall
    promulgate standards applicable to the emission of VOCs and
    any other air pollutant from loading and unloading of tank
    vessels (as that term is defined in section 2101 of title 46 of the
    United States Code) which the Administrator finds causes, or
    contributes to, air pollution that may be reasonably anticipat-
    ed to endanger public health or welfare. Such standards shall
    require the application of reasonably  available control technol-
    ogy, considering costs, any nonair-quality benefits, environmen-
    tal impacts,  energy requirements and safety factors associated
    with alternative control techniques. To the extent practicable
    such standards shall apply to  loading and unloading facilities
    and not to tank vessels.
      (B) Any regulation prescribed under this subsection (and any
    revision thereof) shall take effect after such  period  as the Ad-
    ministrator finds  (after consultation with the Secretary  of the
    department  in which the Coast Guard  is operating) necessary
    to permit the development and application of the requisite
    technology, giving appropriate consideration to the cost of com-
    pliance within such period, except that the effective date shall
    not be more  than 2 years after promulgation of such regula-
    tions.
      (2) REGULATIONS ON EQUIPMENT  SAFETY.—Within 6 months
    after the date of  the enactment of the  Clean Air Act Amend-
    ments of 1990, the Secretary of the Department in which the
    Coast Guard is operating shall issue regulations to ensure the
    safety of the equipment and operations which  are to control
    emissions  from the  loading  and unloading  of tank vessels,
    under section 3703 of title 46 of the United States Code and
    section 6 of the Ports and Waterways Safety  Act  (33  U.S.C.
    1225). The standards promulgated by the Administrator  under
    paragraph (1) and the regulations issued by a State or political
    subdivision regarding emissions from the loading and unload-
    ing of tank vessels shall be consistent with the  regulations re-
    garding safety of  the Department in which the Coast Guard is
    operating.
      (3) AGENCY AUTHORITY.—(A) The  Administrator shall ensure
    compliance with the tank vessel emission standards prescribed
    under paragraph  (1XA). The  Secretary of the Department in
    which the Coast Guard is operating  shall  also  ensure compli-
    ance with the tank vessel standards prescribed under para-
    graph (1XA).

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 Sec. 184	CLEAN AIR ACT	194

      (B) The  Secretary  of the Department  in which the Coast
    Guard is operating shall  ensure compliance with the regula-
    tions issued under paragraph (2).
      (4) STATE OR LOCAL STANDARDS.—After the Administrator pro-
    mulgates standards  under this section, no State or  political
    subdivision thereof may adopt or attempt to enforce any stand-
    ard respecting  emissions from  tank vessels subject to regula-
    tion under paragraph (1) unless such standard is no less strin-
    gent than the standards promulgated under paragraph (1).
      (5) ENFORCEMENT.—Any standard established  under para-
    graph (1XA)  shall be treated,  for purposes of enforcement of
    this Act, as a standard under section 111  and any violation of
    such standard shall be treated as a violation of a requirement
    of section lll(e).
  (g) OZONE DESIGN VALUE  STUDY.—The Administrator shall  con-
duct a study of whether the methodology  in  use by the Environ-
mental Protection Agency as of the date of the enactment of the
Clean Air Act Amendments of 1990 for establishing a design value
for ozone provides a reasonable indicator of the ozone air quality of
ozone nonattainment areas. The Administrator shall  obtain input
from States, local subdivisions thereof, and others. The study shall
be completed and a report submitted to Congress not later than 3
years after the  date of the enactment of the Clean Air Act Amend-
ments of 1990. The  results of the study shall be subject to peer and
public review before submitting it to Congress.
[42 U.S.C. 751 Ib]
SEC. 184. CONTROL OF INTERSTATE OZONE AIR POLLUTION.
  (a) OZONE  TRANSPORT  REGIONS.—A single  transport region for
ozone (within the meaning of section 176A(a)), comprised  of the
States of Connecticut, Delaware, Maine, Maryland, Massachusetts,
New  Hampshire, New Jersey, New York, Pennsylvania,  Rhode
Island, Vermont, and the  Consolidated Metropolitan Statistical
Area that includes  the District of Columbia, is hereby established
by operation of law. The provisions of section 176A(a) (1) and (2)
shall apply with respect to the transport region established under
this section  and any other transport  region established for ozone,
except to the extent inconsistent with the provisions of this section.
The Administrator  shall convene the commission required (under
section 176A(b)) as a result of the establishment of such  region
within 6 months of the date of the enactment of the Clean Air Act
Amendments of 1990.
  (b) PLAN PROVISIONS FOR STATES IN OZONE TRANSPORT REGIONS.—
(1) In accordance with section  110,  not later than 2 years after the
date of the enactment of the Clean Air Act Amendments of 1990
(or 9 months after the subsequent inclusion of a State in a trans-
port region  established for  ozone), each State included  within a
transport region established for ozone shall submit a State imple-
mentation plan or revision thereof to the Administrator which re-
quires the following—
      (A) that each area in such State that is in an ozone transport
    region,  and  that  is a metropolitan statistical area  or part
    thereof with a  population of 100,000 or more comply with the

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135	CLEAN AIR ACT	Sec. 184

    provisions of section 182(cX2)(A) (pertaining to enhanced vehi-
    cle inspection and maintenance programs); and
      (B) implementation of reasonably available control technolo-
    gy with respect to all sources of volatile organic compounds in
    the State covered  by a control  techniques guideline  issued
    before or after the date of the enactment of the Clean Air Act
    Amendments of 1990.
  (2) Within 3 years after the date of the enactment of the Clean
Air Act Amendments of 1990, the Administrator shall complete a
study identifying control measures capable of achieving emission
reductions comparable to those achievable through vehicle refuel-
ing controls contained in section  182(bX3), and such measures or
such vehicle refueling controls shall be implemented in accordance
with the provisions of this section.  Notwithstanding other deadlines
in this section, the applicable implementation plan shall be revised
to reflect such measures within 1  year of completion of the study.
For purposes of this section any stationary source that emits or has
the potential to emit at least 50 tons per year of volatile organic
compounds shall  be considered a major stationary source and sub-
ject to the requirements which would be applicable to  major sta-
tionary sources if the area were classified as a Moderate nonattain-
ment area.
  (c) ADDITIONAL CONTROL MEASURES.—
      (1) RECOMMENDATIONS.—Upon petition of any State within a
    transport region established for ozone, and based on a majority
    vote of  the Governors on the Commission (or their designees),
    the Commission may, after notice and opportunity for public
    comment, develop  recommendations  for  additional  control
    measures to  be applied within all or a part of such transport
    region if the commission determines such measures are neces-
    sary to  bring any area in such region into attainment by the
    dates provided by this subpart. The commission shall transmit
    such recommendations to the Administrator.
      (2) NOTICE AND  REVIEW.—Whenever the  Administrator  re-
    ceives recommendations prepared by a commission pursuant to
    paragraph (1) (the date of receipt  of which shall hereinafter in
    this section be referred to as the  "receipt date"),  the Adminis-
    trator shall—
          (A) immediately publish in  the Federal Register a notice
        stating that the recommendations are available and pro-
        vide an opportunity for public hearing within 90 days be-
        ginning on  the receipt date; and
          (B) commence a review of the recommendations to deter-
        mine whether the control measures in the  recommenda-
        tions are necessary to bring  any area in such region into
        attainment by the dates provided by this subpart and  are
        otherwise consistent with this Act.
      (3)  CONSULTATION.—In  undertaking  the  review  required
    under paragraph (2XB), the Administrator shall consult with
    members of  the commission of the  affected States  and shall
    take into account the data, views, and comments received pur-
    suant to paragraph  (2XA).

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 Sec. 185
CLEAN AIR ACT
196
      (4) APPROVAL AND DISAPPROVAL.—Within 9 months after the
    receipt date, the Administrator shall (A) determine whether to
    approve, disapprove, or partially disapprove and  partially ap-
    prove the recommendations; (B) notify the commission in writ-
    ing of such approval, disapproval, or partial disapproval; and
    (C) publish such determination in the Federal Register. If the
    Administrator disapproves or partially disapproves the recom-
    mendations, the Administrator shall specify—
          (i) why any disapproved additional control measures are
        not necessary to bring any area in such region into attain-
        ment by the dates provided by this subpart or are other-
        wise not consistent with the Act; and
          (ii) recommendations concerning equal or more effective
        actions that could be taken by the commission to conform
        the disapproved portion of the recommendations to the re-
        quirements of this section.
      (5) FINDING.—Upon approval or partial  approval  of recom-
    mendations  submitted by  a commission,  the Administrator
    shall issue to  each State  which is included in the  transport
    region  and to  which a requirement  of the approved plan ap-
    plies, a finding under section 110(kX5j that the implementation
    plan for such State is inadequate to  meet the  requirements of
    section 110(aX2XD).  Such finding shall require each such  State
    to revise its  implementation plan to include the approved addi-
    tional  control  measures within one  year after the finding is
    issued.
  (d) BEST  AVAILABLE AIR QUALITY MONITORING AND MODELING.—
For purposes of this section, not later than 6 months after the date
of the enactment of the Clean Air Act Amendments of 1990, the
Administrator shall promulgate criteria  for purposes  of determin-
ing the contribution of sources in one area to concentrations of
ozone in another area which  is a nonattainment area for ozone.
Such criteria shall require that the best available air quality moni-
toring and modeling techniques be  used for purposes of making
such determinations.
[42 U.S.C. 751 Ic]
SEC. 185. ENFORCEMENT FOR SEVERE  AND EXTREME OZONE  NONAT-
           TAINMENT AREAS FOR FAILURE TO ATTAIN.
  (a) GENERAL RULE.—Each implementation plan revision required
under section 182  (d) and (e) (relating to the attainment plan  for
Severe and Extreme ozone nonattainment areas) shall provide that,
if the area to which such plan revision applies has failed to attain
the national primary ambient air quality standard  for ozone by the
applicable attainment date, each major stationary source of VOCs
located in the area shall, except as otherwise provided under sub-
section (c),  pay a fee to the State as a penalty for such failure, com-
puted in accordance with subsection (b), for each calendar year  be-
ginning after the attainment date, until the area is redesignated as
an attainment area for ozone. Each such plan revision should  in-
clude procedures for assessment and collection of such fees.
  (b) COMPUTATION OF FEE.—
      (1) FEE AMOUNT.—The fee shall equal $5,000, adjusted in ac-
    cordance with paragraph (3), per ton of VOC emitted  by the

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197	CLEAN AIR ACT	Sec. 185

    source during the calendar year in excess of 80 percent of the
    baseline amount, computed under paragraph (2).
      (2) BASELINE AMOUNT.—For purposes of this section, the base-
    line amount shall be computed, in accordance with such guid-
    ance as the Administrator may provide, as the  lower of the
    amount of actual VOC emissions ("actuals") or VOC emissions
    allowed under the permit applicable to the source (or, if no
    such permit  has been issued  for  the  attainment year, the
    amount of VOC  emissions allowed under the applicable imple-
    mentation plan  ("allowables")) during  the attainment  year.
    Notwithstanding the  preceding sentence,  the Administrator
    may issue guidance authorizing the baseline amount to be de-
    termined  in accordance with the lower of average actuals or
    average allowables, determined over a period of more than one
    calendar year. Such guidance may provide that such average
    calculation for a specific source may be used if that source's
    emissions are irregular, cyclical, or otherwise vary significant-
    ly from year to year.
      (3) ANNUAL ADJUSTMENT.—The fee amount under paragraph
    (1) shall be adjusted annually, beginning in the year beginning
    after  the year  of enactment, in  accordance  with  section
    502(bX3XBXv) (relating to inflation adjustment).
  (c) EXCEPTION.—Notwithstanding any provision of this section, no
source shall be required to pay any fee under subsection (a) with
respect to emissions  during any year that is treated as an Exten-
sion Year under section 181(aX5).
  (d) FEE COLLECTION BY THE ADMINISTRATOR.—If the Administrator
has found  that the fee provisions of the implementation plan do
not meet the requirements of this section, or if the Administrator
makes a finding that the State is not administering and enforcing
the fee required under this section, the Administrator shall, in ad-
dition to any other action authorized under this title, collect, in ac-
cordance with procedures promulgated by the  Administrator, the
unpaid fees required under  subsection  (a). If the Administrator
makes such a finding under section 179(a)(4), the Administrator
may collect fees for periods before the determination,  plus interest
computed in accordance with section 6621(aX2) of the Internal Rev-
enue Code of 1986 (relating to computation of interest on underpay-
ment of Federal taxes), to the extent the Administrator finds such
fees have not  been paid to the State.  The provisions of clauses (ii)
through (iii) of section  502(bX3XC) (relating to penalties and use of
the funds,  respectively) shall apply with respect to fees collected
under this subsection.
  (e) EXEMPTIONS  FOR  CERTAIN SMALL  AREAS.—For areas with  a
total population under 200,000 which fail to  attain the standard by
the applicable attainment  date, no sanction under this section or
under any  other provision  of this Act shall apply if the area can
demonstrate, consistent with guidance issued by the Administrator,
that attainment in the area is prevented because of ozone or ozone
precursors  transported from  other areas. The  prohibition applies
only in cases in which the area has met all requirements and im-
plemented all  measures applicable to the area under this Act.
[42U.S.C. 751 Id]

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Sec. 185A	CLEAN AIR ACT	198

SEC. 185A. TRANSITIONAL AREAS.
  If an area designated as an ozone nonattainment area as of the
date of enactment of the Clean Air Act Amendments of 1990 has
not violated the national primary ambient air quality standard for
ozone for the 36-month period commencing on January 1,1987, and
ending on December 31, 1989, the Administrator shall suspend the
application of the requirements of this subpart to such area  until
December 31, 1991. By June 30, 1992, the Administrator shall de-
termine by order, based on the area's design value as of the attain-
ment date, whether the area attained such standard by December
31,  1991. If the Administrator determines that the area attained
the standard, the Administrator shall require, as part of the order,
the State to submit a maintenance  plan for the area within 12
months of such  determination. If the Administrator  determines
that the area failed to attain the standard, the Administrator shall,
by June 30, 1992, designate the area as nonattainment under sec-
tion 107(dX4).
[42 U.S.C. 7511e]
SEC. 185B. NO, AND VOC STUDY.
  The Administrator, in conjunction with the National Academy of
Sciences, shall conduct a study on the role of ozone precursors in
tropospheric ozone formation and control. The study shall examine
the roles of NOX and VOC emission reductions, the extent to which
NO.  reductions   may  contribute  (or  be counterproductive)  to
achievement of attainment in  different  nonattainment areas, the
sensitivity  of ozone to the control  of NOX,  the availability and
extent of controls for NO,, the  role of biogenic VOC emissions, and
the basic information required for air quality models. The study
shall be completed and a proposed report made public  for 30 days
comment within 1 year of the  date of the enactment of the Clean
Air Act Amendments of 1990, and a final report shall be submitted
to Congress within 15  months after such date of enactment. The
Administrator shall utilize all available information and studies, as
well as develop additional information, in conducting the study re-
quired by this section.
[42 U.S.C. 751 lf|

      Subpart 3—Additional Provisions for Carbon
             Monoxide Nonattainment Areas

Sec. 186. Classifications and attainment dates.
Sec. 187. Plan submissions and requirements.
SEC. 186. CLASSIFICATION AND ATTAINMENT DATES.
  (a) CLASSIFICATION BY OPERATION OF LAW AND ATTAINMENT DATES
FOR NONATTAINMENT AREAS.—(1) Each  area designated nonattain-
ment for carbon  monoxide pursuant to section 107(d) shall be clas-
sified at the time of such designation under table 1, by operation of
law, as a Moderate Area or a Serious Area based on the design
value for the area. The design value shall be calculated according
to the interpretation  methodology  issued by the Administrator
most  recently  before the  date  of the enactment of the Clean Air
Act Amendments of 1990. For  each  area classified under this sub-

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199	CLEAN AIR ACT	Sec. 186

section, the primary standard attainment date for carbon monoxide
shall be as expeditiously as practicable but not later than the date
provided in table 1:

                            TABLE 3
      Area classification         Design value    rŁSŁ>ŁŁ%Ł


Moderate	 9.1-16.4 ppm	 December 31, 1995
Serious	 16.5 and above.... December 31, 2000

  (2) At the time of publication of the notice required under section
107 (designating carbon monoxide  nonattainment areas),  the  Ad-
ministrator shall publish a notice announcing the classification of
each such carbon monoxide nonattainment area. The provisions of
section 172{aXlXB) (relating to lack of notice-and-comment and judi-
cial review) shall apply with respect to such classification.
  (3) If an area  classified under paragraph (1), table 1, would have
been classified in another category if the design value in the area
were  5 percent  greater or 5 percent  less than the level on which
such classification was based, the Administrator may, in  the  Ad-
ministrator's discretion, within 90 days after the date of the enact-
ment of the Clean Air Act  Amendments of 1990 by the procedure
required under paragraph (2), adjust the classification of the area.
In making such adjustment, the Administrator  may consider  the
number of exceedances of the national primary ambient air quality
standard for carbon monoxide in the area,  the  level  of pollution
transport between the area and the other affected areas,  and  the
mix of sources and air pollutants in  the area. The  Administrator
may make the same adjustment for purposes of  paragraphs (2), (3),
(6), and (7) of section 187(a).
  (4) Upon application by any State, the Administrator may extend
for 1 additional  year (hereinafter in this  subpart referred to as the
"Extension Year") the date specified in table 1 of subsection (a)  if—
      (A) the State has  complied with all requirements and com-
    mitments pertaining to the area in the applicable implementa-
    tion plan, and
      (B) no more than one exceedance of the national ambient air
    quality  standard level for carbon monoxide has occurred in the
    area in  the year preceding the Extension Year.
No more than 2  one-year extensions may be issued under this para-
graph for a single nonattainment area.
  (b) NEW DESIGNATIONS AND RECLASSIPICATIONS.—
      (1) NEW DESIGNATIONS TO NONATTAINMENT.—Any area that is
    designated attainment  or unclassifiable for carbon monoxide
    under section  107(dX4), and that  is subsequently redesignated
    to nonattainment  for carbon monoxide under section 107(d)(3),
    shall, at the time of the redesignation,  be  classified by oper-
    ation of law in accordance with table 1 under subsections (a)(l)
    and (aX4). Upon its classification, the area  shall be subject to
    the  same requirements  under section 110,  subpart 1 of this
    part, and this subpart that would have applied had the area
    been so classified  at the time  of the notice under  subsection

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 Sec. 187
CLEAN AIR ACT
200
    (aX2), except that any absolute, fixed date applicable in connec-
    tion with any such  requirement is  extended by operation  of
    law by a period equal to the length of time between the date of
    the enactment of the Clean Air  Act Amendments of 1990 and
    the date the area is classified.
      (2) RECLASSIFICATION OF  MODERATE AREAS UPON FAILURE TO
    ATTAIN.—
          (A) GENERAL RULE.—Within 6 months  following the ap-
        plicable attainment date for a carbon monoxide nonattain-
        ment area,  the  Administrator  shall determine, based on
        the area's design value as of the attainment date, whether
        the area has attained the standard by that date. Any Mod-
        erate Area that  the Administrator finds has not attained
        the standard by that date shall be reclassified by operation
        of law in accordance with table 1  of subsection (aXD as a
        Serious Area.
          (B)  PUBLICATION OF  NOTICE.—The Administrator  shall
        publish a notice in the Federal Register, no later than 6
        months following  the  attainment date,  identifying each
        area that the Administrator has determined, under sub-
        paragraph (A), as  having  failed to attain and identifying
        the reclassification, if any, described under subparagraph
        (A).
  (c) REFERENCES TO TERMS.—Any reference in this  subpart to a
"Moderate Area" or a "Serious Area" shall be considered a  refer-
ence to  a Moderate  Area or a Serious Area, respectively, as classi-
fied under this section.
[42 U.S.C. 7512]
SEC. 187. PLAN SUBMISSIONS AND REQUIREMENTS.
  (a) MODERATE AREAS.—Each State  in which all or part of a Mod-
erate Area is  located shall, with respect to the Moderate Area (or
portion  thereof, to the extent specified in guidance of the Adminis-
trator issued before the date of  the enactment of the Clean Air Act
Amendments of 1990), submit to the Administrator the State imple-
mentation plan revisions  (including the plan items) described under
this subsection, within such periods as are prescribed under this
subsection, except to the extent the  State  has made such submis-
sions as of such date  of enactment:
      (1) INVENTORY.—No later than 2 years from the date  of the
    enactment of the Clean Air Act Amendments of 1990, the State
    shall submit a comprehensive, accurate, current inventory  of
    actual  emissions  from all  sources, as described  in section
    172(cK3), in accordance with guidance provided by the Adminis-
    trator.
      (2KA) VEHICLE MILES TRAVELED.—No  later than  2 years after
    the date of the enactment of the  Clean  Air Act Amendments of
    1990, for areas with a design value above 12.7 ppm at the time
    of classification, the  plan  revision shall contain  a forecast  of
    vehicle miles traveled in the nonattainment area concerned for
    each year before the year  in which the plan projects the na-
    tional ambient air quality standard  for carbon monoxide to be
    attained in the area. The forecast shall be based on guidance
    which shall be published by the Administrator, in consultation

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201	CLEAN AIR ACT	Sec. 187

    with the Secretary of Transportation,  within  6 months after
    the date of the enactment of the Clean Air Act  Amendments of
    1990. The plan revision shall provide for annual updates of the
    forecasts to be submitted to the Administrator together with
    annual reports  regarding the  extent to which such forecasts
    proved to be accurate. Such annual reports shall contain esti-
    mates of actual vehicle miles traveled in each year for which a
    forecast was required.
      (B) SPECIAL RULE FOR DENVER.—Within 2 years after the date
    of the enactment of the Clean Air Act Amendments of 1990, in
    the case of Denver, the State shall submit a revision that in-
    cludes the transportation control measures as required  in sec-
    tion 182(dXlXA) except that such revision shall be for the pur-
    pose of reducing  CO emissions  rather  than volatile organic
    compound emissions.  If the State fails to include  any such
    measure, the implementation  plan shall contain an explana-
    tion of why such measure was not adopted and what emissions
    reduction measure was adopted to provide a comparable reduc-
    tion  in emissions,  or reasons  why  such  reduction  is  not
    necessary  to attain the national primary ambient air qual-
    ity standard for carbon monoxide.
      (3) CONTINGENCY  PROVISIONS.—No later than 2 years after
    the date of the enactment of the Clean Air Act Amendments of
    1990, for areas with a design value above 12.7 ppm at the time
    of classification, the plan revision shall provide for the imple-
    mentation of specific  measures to be  undertaken if any esti-
    mate of vehicle miles traveled in  the area which is  submitted
    in an annual report under  paragraph (2) exceeds the number
    predicted in the most recent prior forecast or if the area fails
    to attain the national primary ambient air quality standard for
    carbon  monoxide  by the primary standard  attainment date.
    Such measures shall be included in the plan revision as contin-
    gency measures to take effect without further action by  the
    State or the Administrator if the  prior forecast has been ex-
    ceeded by an updated forecast or if the national standard is not
    attained by such deadline.
      (4) SAVINGS  CLAUSE FOR  VEHICLE INSPECTION AND MAINTE-
    NANCE PROVISIONS OF THE STATE IMPLEMENTATION PLAN.—Imme-
    diately after the date of the enactment of the  Clean Air Act
    Amendments of 1990, for any Moderate Area  (or, within  the
    Administrator's discretion, portion thereof), the plan for which
    is of the type described in section 182(aX2XB) any  provisions
    necessary to ensure that the applicable implementation plan
    includes the vehicle inspection and maintenance program de-
    scribed in section 182(aX2XB).
      (5) PERIODIC INVENTORY.—No later than  September 30, 1995,
    and no later than the end of each 3 year period thereafter,
    until the area is redesignated to attainment, a revised invento-
    ry meeting the requirements of subsection (a)(l).
      (6) ENHANCED VEHICLE INSPECTION AND MAINTENANCE.—No
    later than 2 years after the date of the enactment of the Clean
    Air Act Amendments of 1990  in  the case of Moderate Areas
    with a design value greater than 12.7 ppm at the time of classi-

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Sec. 187	CLEAN AIR ACT	202

    fication,  a  revision  that  includes  provisions  for an  en-
    hanced vehicle inspection and maintenance program as re-
    quired in section 182(cX3)  (concerning serious ozone nonattain-
    ment areas), except that such program shall be for the purpose
    of reducing carbon monoxide rather than hydrocarbon emis-
    sions.
      (7) ATTAINMENT  DEMONSTRATION AND SPECIFIC ANNUAL EMIS-
    SION REDUCTIONS.—In the case of Moderate Areas with a design
    value greater  than 12.7 ppm at the time of classification, no
    later than 2 years after the date of the enactment of the Clean
    Air Act Amendments of 1990, a revision to provide, and a dem-
    onstration that the plan as revised will provide, for attainment
    of the carbon monoxide NAAQS by the applicable attainment
    date and provisions for such specific annual emission reduc-
    tions as are necessary to attain the standard by that date.
The Administrator may, in the Administrator's discretion, require
States to submit a schedule  for submitting any of the revisions or
other items required under this subsection. In the case of Moderate
Areas with a design value of 12.7 ppm or lower at the time of clas-
sification, the requirements of  this subsection  shall apply  in lieu of
any requirement that  the State submit a demonstration that  the
applicable  implementation plan  provides for attainment of  the
carbon monoxide standard by the applicable attainment date.
  (b) SERIOUS AREAS.—
      (1) IN GENERAL.—Each State in which all or part of  a Serious
    Area is located shall,  with respect to the Serious Area, make
    the submissions (other than those required under subsection
    (aXIXB)) applicable under subsection (a) to Moderate Areas
    with a design value of 12.7 ppm or greater at the time of classi-
    fication, and shall also submit the revision and other  items de-
    scribed under this subsection.
      (2) VEHICLE MILES TRAVELED.—Within 2 years after the date
    of the enactment of the Clean  Air  Act Amendments of 1990
    the State shall submit a revision that includes the transporta-
    tion control measures as  required in section  182(dXD except
    that such revision  shall be for the purpose of reducing  CO
    emissions rather than volatile organic compound emissions. In
    the case of any such  area (other than an area in New York
    State)  which  is   a covered  area  (as  defined in section
    246(aX2XB))  for purposes  of the Clean  Fuel  Fleet  program
    under part C of title II, if the State fails to include  any such
    measure, the implementation plan  shall  contain an explana-
    tion of why such measure  was not adopted and what emissions
    reduction measure  was adopted to provide a comparable reduc-
    tion in emissions, or reasons why such reduction is not neces-
    sary to attain the national primary  ambient air quality stand-
    ard for carbon  monoxide.
      (3) OXYGENATED GASOLINE.—(A) Within 2 years after the date
    of the enactment  of the Clean  Air  Act Amendments of 1990,
    the State shall submit a revision to  require that gasoline sold,
    supplied, offered for sale or supply, dispensed, transported or
    introduced into commerce  in the larger of—

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203	CLEAN AIR ACT	Sec. 187

          (i) the Consolidated Metropolitan Statistical Area (as de-
        fined  by the United  States  Office of Management  and
        Budget) (CMSA) in which the area is located, or
          (ii) if the area is not located in a CMSA, the Metropoli-
        tan Statistical Area (as defined by the United States Office
        of Management and Budget) in which the area is located,
    be blended, during the portion  of the year in which the area is
    prone to high ambient concentrations of carbon monoxide (as
    determined by the Administrator), with fuels containing such
    level  of oxygen as  is necessary, in combination with other
    measures, to provide  for attainment of the carbon monoxide
    national ambient air quality standard by the applicable attain-
    ment date and maintenance of the national ambient air qual-
    ity standard thereafter in the area. The revision shall provide
    that such requirement shall take effect no  later than October
    1,  1993, and shall include a program for implementation  and
    enforcement of the requirement consistent with guidance to be
    issued by the Administrator.
      (B) Notwithstanding subparagraph (A), the revision described
    in this paragraph shall not  be required for an area if the State
    demonstrates to the satisfaction of the Administrator that the
    revision is not  necessary  to  provide  for  attainment of  the
    carbon monoxide national ambient air quality standard by the
    applicable attainment date and  maintenance  of the national
    ambient air quality standard thereafter in the area.
  (c) AREAS WITH SIGNIFICANT  STATIONARY SOURCE EMISSIONS OF
CO.—
      (1) SERIOUS AREAS.—In the case of Serious Areas in which
    stationary sources contribute significantly to carbon monoxide
    levels (as determined under rules issued by the Administrator),
    the State shall submit a plan revision within 2 years after the
    date of the enactment of the  Clean Air Act Amendments of
    1990, which provides that the  term "major stationary source"
    includes (in addition  to the sources  described in  section 302)
    any  stationary source which  emits, or has  the  potential to
    emit, 50 tons per year or more of carbon monoxide.
      (2) WAIVERS FOR CERTAIN AREAS.—The Administrator may, on
    a case-by-case basis, waive any requirements  that pertain to
    transportation controls, inspection and maintenance, or oxy-
    genated fuels where the Administrator determines by rule that
    mobile sources of carbon monoxide do not contribute signifi-
    cantly to carbon monoxide levels in the area.
      (3) GUIDELINES.—Within 6 months after the date of the en-
    actment of the Clean Air Act Amendments of 1990, the Admin-
    istrator shall issue guidelines for and rules determining wheth-
    er .stationary sources contribute significantly to carbon monox-
    ide levels in an area.
  (d) CO MILESTONE.—
      (1)  MILESTONE  DEMONSTRATION.—By  March 31, 1996, each
    State in which all or part  of  a Serious Area is located shall
    submit to the Administrator a demonstration that  the area has
    achieved a reduction in  emissions of CO equivalent to the total
    of the specific annual emission reductions required by Decem-

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Sec. 187	CLEAN AIR ACT	204

    her 31, 1995. Such reductions shall be referred to in this sub-
    section as the milestone.
      (2) ADEQUACY OF DEMONSTRATION.—A demonstration under
    this paragraph shall be submitted in such form and manner,
    and shall contain  such information  and analysis,  as the  Ad-
    ministrator  shall require. The Administrator shall  determine
    whether or not a State's demonstration is adequate within 90
    days after  the  Administrator's  receipt of a  demonstration
    which contains the information and analysis required by the
    Administrator.
      (3) FAILURE TO MEET EMISSION  REDUCTION MILESTONE.—If a
    State  fails to submit  a demonstration under paragraph  (1)
    within the required period, or if the Administrator notifies the
    State that the State has not met the milestone, the State shall,
    within 9 months after  such a failure or notification, submit a
    plan revision to implement an economic incentive and trans-
    portation  control program as described in section 182(gX4).
    Such revision shall be sufficient to achieve the specific annual
    reductions in carbon monoxide emissions set forth in the plan
    by the attainment date.
  (e) MULTI-STATE CO NONATTAINMENT AREAS.—
      (1) COORDINATION AMONG STATES.—Each State in which there
    is located  a  portion of a single nonattainment  area for carbon
    monoxide  which covers more than one State ("multi-State non-
    attainment area") shall take all reasonable steps to coordinate,
    substantively and procedurally, the revisions and implementa-
    tion of State implementation plans applicable to the nonattain-
    ment area concerned. The Administrator may not approve any
    revision of a State implementation plan submitted under this
    part for a State in which part of a multi-State  nonattainment
    area is  located  if the plan revision for  that State fails to
    comply with the requirements of this subsection.
      (2) FAILURE TO DEMONSTRATE ATTAINMENT.—If any State in
    which there  is located a  portion of a multi-State nonattain-
    ment area fails  to provide a demonstration of attainment of
    the national ambient air quality standard for carbon monoxide
    in that portion within the period required under this part the
    State may petition the Administrator to make a finding that
    the  State  would have been able  to make  such demonstration
    but for the failure  of one or more other States in which other
    portions of the area are located to commit to the implementa-
    tion of all measures required under section  187 (relating to
    plan submissions for carbon monoxide nonattainment areas). If
    the  Administrator makes such finding, in the portion of the
    nonattainment area within the State submitting such petition,
    no sanction  shall be imposed under section 179 or under any
    other provision of  this Act, by reason of the failure to make
    such demonstration.
  (f) RECLASSIFIED AREAS.—Each State containing a carbon monox-
ide nonattainment  area reclassified  under  section 186(bX2) shall
meet the requirements of subsection  (b) of this section, as may be
applicable to the area as reclassified,  according to the schedules
prescribed in connection with such requirements, except that the

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205	CLEAN AIR ACT	Sec. 188

Administrator may adjust any applicable deadlines (other than the
attainment date) where such deadlines are shown to be infeasible.
  (g) FAILURE OF SERIOUS AREA TO ATTAIN STANDARD.—If the Ad-
ministrator  determines under  section 186(bX2) that  the national
primary ambient air quality standard for carbon monoxide has not
been attained in a Serious Area by the applicable attainment date,
the State shali submit a plan revision for the area within 9 months
after the date of such  determination. The plan revision shall pro-
vide that a program of incentives and requirements as described in
section 182(g)(4) shall be applicable in the area, and such program,
in combination with other elements of the revised plan, shall be
adequate to  reduce the total tonnage of emissions of carbon monox-
ide in the area by at least 5 percent per year in each year after
approval of the plan revision and before attainment of the national
primary ambient air quality standard for carbon monoxide.
[42 U.S.C. 7512a]

    Subpart 4—Additional  Provisions for Particulate
               Matter Nonattainment Areas

Sec. 188. Classifications and attainment dates.
Sec. 189. Plan provisions and schedules  for plan submissions.
Sec. 190. Issuance of guidance.
SEC. 188. CLASSIFICATIONS AND ATTAINMENT DATES.
  (a) INITIAL CLASSIFICATIONS.—Every  area designated  nonattain-
ment for PM-10 pursuant to section 107(d) shall be classified at the
time of such designation, by operation of law, as a moderate PM-10
nonattainment area (also  referred to in this subpart as a "Moder-
ate Area") at the time of  such designation. At the time of publica-
tion of the notice under section 107(dX4) (relating to area designa-
tions) for each PM-10 nonattainment area, the Administrator shall
publish a notice announcing the classification of such area. The
provisions of section 172(aXlXB) (relating to lack of notice-and-com-
ment and judicial  review) shall apply with  respect to such classifi-
cation.
  (b) RECLASSIFICATION AS SERIOUS.—
      (1) RECLASSIFICATION BEFORE ATTAINMENT DATE.—The Admin-
    istrator  may reclassify as a Serious PM-10 nonattainment area
    (identified in this subpart also as a "Serious Area") any area
    that  the Administrator determines cannot practicably  attain
    the national ambient air quality standard for PM-10 by the at-
    tainment  date (as prescribed in  subsection (c)) for  Moderate
    Areas. The Administrator shall reclassify appropriate areas as
    Serious by the following dates:
          (A) For  areas  designated  nonattainment  for PM-10
        under section 107(dX4), the Administrator shall propose to
        reclassify  appropriate  areas by June  30, 1991,  and take
       final action by December 31, 1991.
          (B)  For  areas subsequently designated nonattainment,
       the  Administrator shall reclassify appropriate areas within
        18 months after the required date for the State's submis-
       sion of a SIP for the Moderate Area.

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Sec. 188
CLEAN AIR ACT
206
      (2)  RECLASSIFICATION  UPON  FAILURE TO ATTAIN.—Within  6
    months following the applicable attainment  date for a PM-10
    nonattainment area, the Administrator shall determine wheth-
    er the area attained the standard by that date. If the Adminis-
    trator finds that any Moderate Area is not in attainment after
    the applicable attainment date—
          (A) the area shall be reclassified by operation of law as a
        Serious Area; and
          (B) the Administrator shall publish a  notice in the Fed-
        eral  Register no later than 6 months following the attain-
        ment date, identifying the area as having failed to attain
        and  identifying  the  reclassification described  under sub-
        paragraph (A).
  (c) ATTAINMENT DATES.—Except as provided under subsection (d),
the attainment dates for PM-10 nonattainment areas shall be as
follows:
      (1) MODERATE AREAS.—For a Moderate Area, the attainment
    date shall be as expeditiously as practicable  but no  later than
    the end of the sixth calendar year after the area's designation
    as nonattainment, except that, for areas designated  nonattain-
    ment for PM-10  under section 107(dX4),  the attainment date
    shall not extend beyond December 31, 1994.
      (2) SERIOUS AREAS.—For a Serious Area, the attainment date
    shall be  as expeditiously as  practicable but  no later than the
    end of the tenth calendar year beginning after the area's desig-
    nation as nonattainment, except that, for  areas  designated
    nonattainment for  PM-10  under  section 107(dX4),  the  date
    shall.not extend beyond December 31, 2001.
  (d)  EXTENSION  OF  ATTAINMENT  DATE FOR  MODERATE  AREAS.—
Upon application by any State, the Administrator may extend for 1
additional year (hereinafter referred to as the "Extension Year")
the date specified in paragraph (cXD if—
      (1) the  State has complied with all requirements and commit-
    ments pertaining  to the area in the applicable  implementation
    plan; and
      (2) no more than one exceedance of the  24-hour national am-
    bient air quality standard level for PM-10 has occurred in the
    area in the year preceding the Extension Year, and the annual
    mean concentration of PM-10 in the area for such year is less
    than or equal to the standard level.
No more than 2  one-year extensions may be issued under the sub-
section for a single nonattainment area.
  (e) EXTENSION  OF ATTAINMENT DATE FOR SERIOUS AREAS.—Upon
application by any State, the Administrator may  extend the attain-
ment date for a Serious Area beyond the date specified under sub-
section (c), if attainment by the  date established under  subsection
(c) would be impracticable, the State has complied with all require-
ments and commitments pertaining to that area in the implemen-
tation plan, and the State  demonstrates to the satisfaction of the
Administrator that the plan for that area includes the most strin-
gent measures that are included in the implementation plan of any
State or are achieved in practice in any State, and can feasibly be
implemented in the area. At the time of such application, the State

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207	CLEAN AIR ACT	Sec. 189

must submit a revision to the implementation plan that includes a
demonstration of attainment by the most expeditious alternative
date practicable.  In determining whether to grant an extension,
and the appropriate length of time for any such extension, the Ad-
ministrator may consider the nature and extent of nonattainment,
the types and numbers of sources or other emitting activities in the
area (including the influence of uncontrollable natural sources and
transboundary  emissions  from  foreign countries), the population
exposed to concentrations in excess of the standard, the presence
and concentration of potentially toxic substances in the mix of par-
ticulate emissions in the area, and the technological and economic
feasibility of various control measures. The Administrator may not
approve an extension until the  State submits an attainment  dem-
onstration for the area. The Administrator may grant at most one
such extension for an area, of no more than 5 years.
  (f) WAIVERS FOR CERTAIN AREAS.—The  Administrator may,  on a
case-by-case basis, waive any requirement applicable to any Serious
Area under this subpart where  the Administrator determines that
anthropogenic sources of PM-10 do not contribute significantly to
the violation of the PM-10 standard in the area. The Administra-
tor may also waive a specific date for attainment of the standard
where  the  Administrator  determines   that  nonanthropogenic
sources of PM-10 contribute significantly  to the violation of the
PM-10 standard in the area.
[42 U.S.C. 7513]
SEC. 189. PLAN PROVISIONS AND SCHEDULES  FOR PLAN SUBMISSIONS.
  (a) MODERATE AREAS.—
      (1) PLAN  PROVISIONS.—Each State in which all or part ot a
    Moderate Area is located shall submit, according to the appli-
    cable schedule under  paragraph (2),  an implementation  plan
    that includes  each of the following:
         (A) For the purpose of meeting the requirements of sec-
       tion 172(cX5), a permit program providing  that  permits
       meeting the requirements of section  173  are required for
       the construction and operation of new and modified major
       stationary sources of PM-10.
         (B) Either (i) a demonstration (including air quality  mod-
       eling) that the plan  will provide for attainment by the ap-
       plicable attainment date; or (ii)  a  demonstration that at-
       tainment by such date is impracticable.
         (C) Provisions to assure that reasonably available control
       measures for the control of PM-10 shall  be  implemented
       no later than December 10, 1993, or 4 years after designa-
       tion in  the case of tin area classified as moderate after the
       date of the enactment of the Clean Air Act Amendments
       of 1990.
     (2)  SCHEDULE FOR PLAN SUBMISSIONS.—A State shall  submit
    the plan required under subparagraph (1) no later than the fol-
    lowing:
         (A) Within  1  year of the date of the enactment of the
       Clean Air Act Amendments of 1990, for areas designated
       nonattainment under section 107(dX4), except that the pro-

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 Sec. 189
CLEAN AIR ACT
208
        vision required under subparagraph (1)(A) shall be submit-
        ted no later than June 30, 1992.
          (B) 18 months after the designation as nonattainment,
        for those areas designated nonattainment after the desig-
        nations prescribed under section 107(dX4).
  (b) SERIOUS AREAS.—
      (1) PLAN PROVISIONS.—In addition to the provisions submitted
    to meet the requirements of paragraph (aXD (relating to Mod-
    erate Areas), each State in which all or part of a Serious Area
    is located shall submit an implementation plan for such area
    that includes each of the following:
          (A) A demonstration (including air quality  modeling)—
              (i) that  the plan  provides for attainment of the
            PM-10 national ambient air quality standard by the
            applicable attainment date, or
              (ii) for any area for which the State is seeking, pur-
            suant to section 188(e), an extension of the attainment
            date beyond the date set  forth in section 188(0), that
            attainment by that date would be impracticable, and
            that the plan  provides for attainment by the most ex-
            peditious alternative date practicable.
          (B) Provisions to assure that the best  available control
        measures for the control of PM-10 shall be implemented
        no later than  4 years after the date the area is classified
        (or reclassified) as a Serious Area.
      (2) SCHEDULE FOR PLAN  SUBMISSIONS.—A State shall submit
    the demonstration required for an  area under paragraph (1XA)
    no later than 4 years after reclassification  of the area to Seri-
    ous, except  that for areas reclassified under section  188(bX2),
    the State shall submit  the attainment demonstration within 18
    months after reclassification to Serious.  A State shall submit
    the provisions described under paragraph (1KB)  no later than
    18 months after reclassification of the area as a Serious Area.
      (3) MAJOR SOURCES.—For any Serious Area,  the terms "major
    source" and "major stationary source" include any stationary
    source or group of stationary sources located  within a contigu-
    ous area and under common control that emits,  or has the po-
    tential to emit, at least 70 tons per year of PM-10.
  (c)  MILESTONES.—(1)  Plan  revisions demonstrating attainment
submitted to the Administrator for approval  under this subpart
shall contain quantitative milestones which are to be  achieved
every 3 years until the area is redesignated attainment and which
demonstrate  reasonable further progress, as  defined  in section
171(1), toward attainment by the applicable date.
  (2) Not later than 90 days after the date on which a milestone
applicable to the area occurs,  each State in which  all or part of
such area is located shall  submit to the Administrator a demon-
stration that all measures  in the plan  approved under this section
have been implemented and that the  milestone  has been met. A
demonstration under this  subsection shall be  submitted in such
form and manner, and shall contain such information and  analysis,
as the Administrator shall require. The Administrator shall deter-
mine whether or not a State's demonstration under this subsection

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209	CLEAN AIR ACT	Sec. 190

is adequate within 90 days after the Administrator's receipt of a
demonstration  which  contains the  information  and  analysis re-
quired by the Administrator.
  (3) If a State fails to submit a demonstration under paragraph (2)
with respect to a milestone within the required period or if the Ad-
ministrator determines that the area has  not  met any applicable
milestone,  the  Administrator shall require the  State, within  9
months after such failure or determination to  submit a plan  revi-
sion that assures that the State will achieve the next  milestone (or
attain the  national ambient air quality standard for PM-10, if
there is no  next milestone) by the applicable date.
  (d) FAILURE To ATTAIN.—In the case  of a Serious PM-10 nonat-
tainment area in which the PM-10  standard is not attained by the
applicable attainment date, the State in which such area is located
shall,  after notice  and opportunity for public comment, submit
within 12 months  after the applicable attainment date, plan  revi-
sions which provide for attainment of the PM-10 air quality stand-
ard and, from the date of such submission until attainment, for an
annual reduction in PM-10 or PM-10 precursor  emissions within
the area of not  less than 5 percent of the amount of such emissions
as reported in  the  most recent inventory prepared for such area.
  (e)  PM-10 PRECURSORS.—The control requirements applicable
under plans in effect under this part for major stationary sources
of PM-10 shall  also apply to major stationary sources of PM-10
precursors, except  where  the Administrator determines that  such
sources do  not contribute  significantly to  PM-10  levels which
exceed the standard  in the area.  The Administrator shall  issue
guidelines regarding the application of the preceding sentence.
[42 U.S.C. 751Sa]
SEC. 190. ISSt ANCE OF RACM AND BACM GUIDANCE.
  The Administrator shall issue, in  the same manner and accord-
ing to the  same procedure  as guidance is issued under section
108(c), technical guidance on  reasonably available control measures
and best available  control measures for urban fugitive dust, and
emissions from  residential  wood combustion  (including  curtail-
ments and  exemptions from  such curtailments) and prescribed sil-
vicultural and agricultural  burning, no  later than 18 months fol-
lowing the date of the enactment  of the  Clean  Air  Act Amend-
ments of 1990. The Administrator shall  also examine  other catego-
ries of sources contributing  to nonattainment of the PM-10 stand-
ard, and determine whether additional guidance on  reasonably
available control measures and best available control measures is
needed, and issue any such guidance no  later than 3 years after the
date of the enactment of  the Clean  Air  Act Amendments of 1990.
In issuing  guidelines and making determinations under  this sec-
tion, the Administrator (in consultation  with the State) shall  take
into account emission reductions   achieved,   or  expected to be
achieved, under title IV and other provisions of this Act.
[42 U.S.C Toltfbj

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Sec. 191
CLEAN AIR ACT
210
Subpart 5—Additional Provisions for Areas Designated
   Nonattainment for  Sulfur Oxides, Nitrogen Dioxide,
   or Lead
Sec. 191. Plan submission deadlines.
Sec. 192. Attainment dates.
SEC. 191. PLAN SUBMISSION DEADLINES.
  (a) SUBMISSION.—Any State containing an area designated or re-
designated under section 107(d) as nonattainment with respect to
the national primary  ambient air quality  standards  for  sulfur
oxides, nitrogen dioxide, or lead subsequent to the date of the en-
actment of the Clean Air Act Amendments of 1990 shall submit to
the Administrator, within 18 months of the designation, an applica-
ble implementation plan meeting the requirements of this part.
  (b)  STATES LACKING  FULLY APPROVED STATE IMPLEMENTATION
PLANS.—Any State containing an area designated nonattainment
with respect to  national primary ambient air quality standards for
sulfur oxides or nitrogen dioxide  under section 107(dXlXCXi), but
lacking a  fully  approved implementation  plan complying with the
requirements of this Act (including part D) as in effect immediately
before the date of the enactment of the Clean Air Act Amendments
of 1990, shall submit to the Administrator, within 18 months of the
date of the enactment of the Clean  Air Act Amendments of 1990,
an  implementation plan meeting the requirements of subpart 1
(except as otherwise prescribed by section  192).
[42 U.S.C. 7514]
SEC. 192. ATTAINMENT DATES.
  (a)  PLANS  UNDER SECTION 191(a).—Implementation  plans  re-
quired under section 191(a) shall provide for attainment of the rele-
vant primary standard as expeditiously as practicable but no later
than 5 years from the date of the nonattainment designation.
  (b)  PLANS  UNDER SECTION 191(b).—Implementation  plans  re-
quired under section 19 Kb) shall provide for attainment of the rele-
vant primary national ambient air quality standard within 5 years
after the date of the enactment of the  Clean Air Act Amendments
of 1990.
  (cj  INADEQUATE  PLANS.—Implementation plans for  nonattain-
ment areas for sulfur oxides or nitrogen dioxide with  plans that
were approved by the Administrator before the date of the  enact-
ment of the Clean Air Act Amendments of 1990 but, subsequent to
such approval, were found by the Administrator to be substantially
inadequate, shall provide for attainment of the relevant primary
standard within 5 years from the date of such finding.
(42 U.S.C. 7514a]

             Subpart 6—Savings Provisions

Sec. 193. General savings clause.
SEC. 193. GENERAL SAVINGS CLAUSE.
  Each regulation, standard,  rule, notice, order and guidance  pro-
mulgated  or  issued by the  Administrator under this Act,  as in

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211	CLEAN AIR ACT	See. 202

effect before the  date  of the enactment of the Clean  Air Act
Amendments of 1990 shall remain in  effect according to its terms,
except to the extent otherwise provided  under this Act, inconsist-
ent with any provision of this Act, or revised by the Administrator.
No control requirement in effect, or required to be adopted by an
order, settlement agreement, or plan in effect before the date  of
the enactment  of the Clean Air Act  Amendments of 1990 in any
area which is a nonattainment area for  any air pollutant may be
modified after such enactment in any manner unless the modifica-
tion insures equivalent  or greater emission reductions of such air
pollutant.
[42 U.S.C. 7515]

  TITLE II—EMISSION STANDARDS FOR MOVING SOURCES

                          SHORT TITLE

  SEC.  201.  This title may be cited  as the  "National Emission
Standards Act."
[42 U.S.C. 7401 nt]

     PART A—MOTOR VEHICLE EMISSION AND FUEL STANDARDS

                  ESTABLISHMENT OF STANDARDS

  SEC. 202. (a) Except as otherwise provided in subsection (b)—
      (1) The  Administrator  shall by  regulation prescribe (and
    from time to time revise) in accordance with the  provisions  of
    this  section, standards applicable to the  emission  of any air
    pollutant from any class or classes  of new  motor vehicles or
    new motor vehicle  engines, which in  his judgment cause, or
    contribute to, air pollution which  may reasonably be anticipat-
    ed to endanger public health or welfare. Such standards shall
    be applicable to such  vehicles  and engines for their useful life
    (as determined under  subsection  (d), relating  to useful life  of
    vehicles for purposes  of certification), whether such vehicles
    and engines are designed as complete systems or incorporate
    devices to prevent or control such  pollution.
      (2) Any regulation  prescribed  under paragraph  (1) of this
    subsection  (and any  revision  thereof) shall  take effect after
    such period as the Administrator  finds necessary to permit the
    development and application of the requisite technology, giving
    appropriate consideration to the cost  of compliance within such
    period.
      (3XA)  IN GENERAL—(i) Unless  the standard is changed as
    provided in subparagraph (B), regulations under paragraph (1) of
    this subsection applicable to emissions of hydrocarbons, carbon
    monoxide,  oxides of  nitrogen, and  particulate matter from
    classes or  categories of heavy-duty vehicles or engines manu-
    factured during or after model year 1983 shall contain stand-
    ards which  reflect  the greatest degree of emission reduction
    achievable through the application of technology which the Ad-
    ministrator determines will be available for the model year to
    which such standards apply, giving  appropriate consideration

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Sec. 202
CLEAN AIR  ACT
212
    to cost, energy, and safety factors associated with the applica-
    tion of such technology.
      (ii) In establishing classes or categories of vehicles or engines
    for purposes of regulations under this paragraph, the Adminis-
    trator may base such classes or categories on gross vehicle
    weight, horsepower, type of fuel  used or other appropriate fac-
    tors.
      (B) REVISED STANDARDS FOR HEAVY DUTY TRUCKS.—(i) On
    the basis of information available  to the Administrator con-
    cerning the effects of air pollutants emitted from heavy-duty
    vehicles or engines and from other sources of mobile source re-
    lated pollutants  on the public health and welfare, and  taking
    costs into account, the Administrator may promulgate regula-
    tions under paragraph (1) of this  subsection revising any stand-
    ard promulgated under, or before the date of, the enactment of
    the Clean Air Act Amendments  of  1990 (or  previously revised
    under this subparagraph) and applicable to classes or catego-
    ries of. heavy-duty vehicles or engines.
      (ii) Effective for the model year 1998 and thereafter, the reg-
   ulations  under paragraph (1) of this subsection applicable  to
    emissions of oxides of nitrogen (NOx) from gasoline and diesel-
    fueled heavy  duty trucks shall contain standards which pro-
    vide that such emissions may  not exceed 4.0 grams per brake
    horsepower hour (gbh).
      (C) LEAD  TIME AND STABILITY.—Any  standard promulgated
    or revised under this paragraph and applicable to classes  or
    categories of heavy-duty vehicles or engines shall apply for a
    period of no less  than 3 model years beginning no earlier than
    the model year commencing 4 years after such  revised stand-
    ard is promulgated.
      (D) REBUILDING PRACTICES.—The Administrator  shall study
    the practice of rebuilding heavy-duty engines and the impact
    rebuilding has on engine emissions.  On the basis of that study
    and other information available to the Administrator, the Ad-
    ministrator may  prescribe requirements to control rebuilding
    practices, including standards applicable to emissions from any
    rebuilt heavy-duty engines (whether or not the engine is past
    its statutory useful life), which  in  the Administrator's judg-
    ment cause, or contribute to , air pollution which may reason-
    ably be anticipated to endanger public health or welfare taking
    costs  into  account. Any  regulation shall take  effect after a
    period the Administrator finds necessary to permit the devel-
    opment and  application of the  requisite  control measures,
    giving appropriate consideration to  the  cost  of compliance
    within the period and energy and safety factors.
      (E) MOTORCYCLES.—For purposes of this paragraph, motorcy-
    cles  and  motorcycle engines  shall  be  treated  in the  same
    manner as  heavy-duty vehicles and engines (except as other-
    wise permitted under section 206(f)(D) unless the the Adminis-
    trator promulgates a rule reclassifying motorcycles as  light-
    duty vehicles  within the meaning of this section or unless the
    Administrator promulgates regulations under subsection (a) ap-
    plying standards applicable to the  emission of  air pollutants

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213	CLEAN AIR ACT	Sec. 202

    from motorcycles as a separate class or category. In any case
    in which such  standards are  promulgated for such emissions
    from motorcycles as a separate class or category, the Adminis-
    trator, in promulgating such standards, shall consider the need
    to achieve  equivalency of emission reductions between motor-
    cycles and other motor vehicles to the maximum extent practi-
    cable.
      (4XA) Effective with respect to vehicles and engines manufac-
    tured  after model  year 1978, no emission control  device,
    system, or element of design shall be used in a new motor vehi-
    cle or new motor vehicle engine for purposes of complying with
    requirements prescribed  under this title if such device, system,
    or element of design will cause or contribute to  an unreason-
    able risk to public health, welfare, or safety in its operation or
    function.
      (B)  In determining whether  an  unreasonable  risk  exists
    under  subparagraph (A),  the Administrator shall  consider,
    among other factors, (i) whether and to what extent the use of
    any device, system, or element of design causes,  increases, re-
    duces,  or eliminates emissions of  any  unregulated pollutants;
    (ii) available methods for reducing or  eliminating any  risk to
    public  health, welfare, or safety which may be associated with
    the use of  such device, system, or element of design, and (,iii)
    the availability of other devices, systems, or elements of design
    which  may be  used to  conform  to requirements prescribed
    under this title without causing or contributing to such unrea-
    sonable risk. The Administrator shall  include in  the consider-
    ation required  by this paragraph  all relevant information de-
    veloped pursuant to section 214.
      (5XA) If  the  Administrator promulgates  final  regulations
    which define the degree of control required and the test proce-
    dures by which compliance could be determined for gasoline
    vapor recovery of uncontrolled emissions from the fueling of
    motor  vehicles, the  Administrator shall, after consultation
    with the Secretary of Transportation with respect to motor ve-
    hicle safety, prescribe,  by regulation,  fill pipe  standards for
    new motor vehicles in order to insure effective connection be-
    tween such fill  pipe  and any vapor recovery system which the
    Administrator  determines may be required to  comply with
    such vapor recovery regulations. In promulgating such  stand-
    ards the Administrator shall take into  consideration  limits on
    fill pipe diameter, minimum design criteria for nozzle retainer
    lips, limits on the location of the unleaded fuel  restrictors,  a
    minimum access zone surrounding a fill pipe, a minimum pipe
    or nozzle insertion angle, and such other factors as he deems
    pertinent.
      (B) Regulations  prescribing standards  under  subparagraph
    (A) shall not become effective  until the introduction of the
    model  year  for which it would be feasible to implement such
    standards,  taking into consideration the restraints of an ade-
    quate leadtime  for design and  production.
      (C) Nothing in subparagraph (A) shall (i) prevent  the Admin-
    istrator from specifying different nozzle and fill neck sizes for

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Sec. 202
CLEAN AIR ACT
214
    gasoline with additives and gasoline without additives or (ii)
    permit the Administrator to require a specific location, config-
    uration, modeling, or styling of the motor vehicle body with re-
    spect to the fuel tank fill neck or fill nozzle clearance envelope.
      (D) For the purpose of this paragraph, the term  "fill pipe"
    shall include the fuel tank fill pipe, fill neck, fill inlet, and clo-
    sure.
      (6) ONBOARD VAPOR RECOVERY.—Within 1 year after the date
    of the enactment of the Clean Air Act  Amendments of 1990,
    the Administrator shall, after consultation with the Secretary
    of Transportation regarding the safety  of vehicle-based ("on-
    board")  systems for the control of vehicle refueling emissions,
    promulgate standards under this section requiring that new
    light-duty  vehicles  manufactured beginning  in  the fourth
    model year after the model year  in which the standards are
    promulgated and thereafter shall be equipped with such sys-
    tems. The standards required under this  paragraph shall apply
    to a percentage of each manufacturer's fleet of new light-duty
    vehicles beginning with the fourth model year after the model
    year in which the standards are promulgated. The percentage
    shall be as specified in the following table:

    IMPLEMENTATION SCHEDULE FOR ONBOARD VAPOR RECOVERY
                         REQUIREMENTS
      Model year commencing after standards promulgated
                            Percentage *
Fourth	
Fifth	
After Fifth..
                                40
                                80
                                100
 * Percentages in the table refer to a percentage of the manufacturer's sales volume.
    The standards shall require that such systems provide a mini-
    mum  evaporative emission capture efficiency of 95 percent.
    The requirements of section 182(bX3) (relating to stage II gaso-
    line vapor recovery) for areas classified under section 181 as
    moderate  for ozone shall not apply after promulgation of such
    standards and the Administrator may, by rule, revise or waive
    the application of the requirements of such section 182(bX3) for
    areas classified under section  181  as Serious, Severe, or  Ex-
    treme for  ozone, as appropriate, after such time as the Admin-
    istrator determines that onboard emissions control systems re-
    quired under this paragraph are in widespread use throughout
    the motor vehicle fleet.
  (bXIXA) The regulations under subsection (a) applicable to emis-
sions  of carbon monoxide and hydrocarbons from  light-duty vehi-
cles and  engines manufactured during model years 1977 through
1979 shall contain standards which provide  that such  emissions
from such vehicles and engines may not exceed 1.5 grams per vehi-
cle mile of hydrocarbons and 15.0 grams per vehicle mile  of carbon
monoxide. The regulations under subsection (a) applicable to emis-
sions  of  carbon  monoxide  from light-duty vehicles and engines
manufactured during the model year 1980 shall contain  standards

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215	CLEAN AIR ACT	Sec. 202

which provide that such emissions may not exceed  7.0 grams per
vehicle mile. The regulations  under subsection (a) applicable  to
emissions of hydrocarbons  from tight-duty vehicles and  engines
manufactured during or after model year 1980 shall  contain stand-
ards which  require a reduction of at least  90 percent from emis-
sions of such pollutant allowable  under the standards  under this
section applicable to light-duty vehicles and engines  manufactured
in model year 1970. Unless waived as  provided in paragraph (5),
regulations  under subsection (a) applicable to emissions of carbon
monoxide from  light-duty  vehicles  and  engines  manufactured
during or after the model year 1981 shall contain standards which
require a reduction of at least 90 percent from emissions  of such
pollutant allowable under the standards under this section applica-
ble to light-duty vehicles and engines manufactured  in model year
1970.
  (B) The regulations under subsection (a) applicable to emissions
of oxides of  nitrogen  from light-duty vehicles and engines manufac-
tured during model years 1977 through 1980 shall contain stand-
ards which provide that such emissions from such vehicles  and en-
gines may not exceed 2.0 grams per vehicle mile. The regulations
under subsection (a) applicable to emissions of oxides of nitrogen
from light-duty vehicles  and  engines  manufactured  during the
model year  1981 and thereafter shall contain standards which pro-
vide that such emissions from such vehicles and engines may not
exceed  1.0  gram per vehicle  mile. The Administrator shall pre-
scribe standards in lieu of those required by the preceding sentence
which provide that emissions of oxides of nitrogen may not exceed
2.0 grams per vehicle mile for any light-duty vehicle  manufactured
during model years 1981 and 1982 by any manufacturer whose pro-
duction, by corporate identity, for calendar year 1976 was less than
three hundred thousand light-duty motor vehicles worldwide  if the
Administrator determines that—
      (i) the ability of such  manufacturer to meet emission stand-
    ards in  the 1975 and subsequent model years was, and is, pri-
    marily dependent upon  technology developed by other manu-
    facturers and purchased from such manufacturers; and
      (ii) such manufacturer lacks the financial resources and tech-
    nological ability to develop such technology.
  (C) The Administrator may promulgate regulations under subsec-
tion (aXl) revising any  standard prescribed or previously  revised
under this  subsection, as needed to protect public health  or wel-
fare,  taking costs, energy, and safety  into account. Any  revised
standard shall require a reduction  of emissions from the standard
that was previously applicable. Any such revision under this title
may provide for a phase-in of the standard. It is the  intent of Con-
gress that the  numerical emission standards  specified  in  subsec-
tions (aXSKBXii), (g), (h), and  (i) shall not be modified by the  Admin-
istrator after the enactment of the Clean Air  Act Amendments of
1990 for any model year before the model year 2004.
  (2) Emission standards  under paragraph  (1),  and measurement
techniques on which such standards are based (if not promulgated
prior to the date of the  enactment of the Clean Air Act  Amend-

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 Sec. 202
CLEAN AIR ACT
216
 ments of 1990), shall be promulgated by regulation within 180 days
 after such date.
  (3)' For purposes of this part—
      (A)(i)  The term  "model year" with reference to any specific
     calendar  year means the  manufacturer's  annual  production
     period  (as determined  by the Administrator) which includes
     January 1 of such calendar year. If the manufacturer has no
     annual  production period, the term "model year" shall  mean
     the calendar year.
      (ii) For the  purpose  of assuring  that vehicles and  engines
     manufactured before the beginning of a model year were not
     manufactured for  purposes of circumventing the effective date
    of a standard required to be prescribed by subsection (b), the
    Administrator   may  prescribe regulations defining  "model
    year" otherwise than as provided in clause (i).
      (C) 2 The term "heavy duty  vehicle" means a truck, bus, or
    other vehicle manufactured primarily for use on  the public
    streets,  roads, and highways (not including any vehicle operat-
    ed exclusively  on a  rail or rails) which has a gross vehicle
    weight  (as determined  under regulations promulgated by the
    Administrator) in excess of six  thousand pounds. Such term in-
    cludes any such vehicle  which has special features enabling
    off-street or off-highway operation and use.
  (3) * Upon the  petition of any manufacturer, the Administrator,
after notice and  opportunity for public hearing,  may  waive the
standard required under subparagraph (B) of paragraph (1) to not
exceed 1.5 grams of oxides of nitrogen per vehicle mile for any
class or category  of light-duty vehicles or engines manufactured by
such manufacturer during any period of up to four model years be-
ginning after  the  model year  1980  if  the manufacturer  demon-
strates that such waiver is necessary to permit the use of an inno-
vative power  train technology, or  innovative emission  control
device or system,  in such class or  category of vehicles  or  engines
and  that such technology or system was not utilized by  more than
1 percent of the light-duty vehicles sold in  the United States in the
1975 model  year.  Such waiver may be granted only if the Adminis-
trator determines—
      (A) that such waiver would not endanger public health,
      (B) that there is a substantial likelihood that the  vehicles or
    engines will  be able to comply with  the  applicable standard
    under this section at the expiration of the waiver, and
      (C) that the  technology or system has a potential for long-
    term air  quality  benefit and  has  the potential to  meet or
    exceed  the average fuel  economy standard applicable under
    the Energy Policy and Conservation Act upon the expiration of
    the waiver.
No waiver under this  subparagraph granted to any manufacturer
shall apply  to more than 5 percent of such manufacturer's produc-
  1 PL 101-549, section  230I4XCI,  104  Slat  2529, redesignaled section 2(iabd6) as section
202(bH3l without repealing or redesignating the preexisting section 202(b«3>.
  1 Subparagraph (Bl repealed by section 230(1 (of PL 101-549, (104 Stat 2529J.

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217	     CLEAN AIR ACT	Sec. 202

tion or more than fifty thousand vehicles or engines, whichever  is
greater.
  (cXD The Administrator shall undertake to enter into appropri-
ate arrangements with the National Academy of Sciences  to con-
duct a comprehensive  study and investigation of the technological
feasibility of meeting the emissions standards required to be pre-
scribed by the Administrator by subsection (b) of this section.
  (2) Of the funds authorized to be appropriated to the Administra-
tor by this Act, such amounts as are required shall be available to
carry out the study and investigation  authorized by paragraph (1)
of this subsection.
  (3) In entering into any arrangement with the National Academy
of Sciences  for conducting the study and investigation authorized
by paragraph (1) of this subsection, the Administrator shall request
the National Academy of Sciences to submit semiannual reports on
the progress of its study and investigation  to  the  Administrator
and the Congress, beginning not later than July 1,  1971,  and con-
tinuing until such study and investigation is completed.
  (4) The Administrator shall  furnish to such Academy at its re-
quest any information  which the Academy deems necessary  for the
purpose of conducting  the  investigation and study  authorized by
paragraph (1) of this subsection. For the purpose of furnishing such
information, the Administrator may  use any authority  he  has
under  this Act (A) to obtain information from any person, and (B)
to require such person to  conduct  such tests, keep such records,
and make such reports respecting research or other activities con-
ducted by such person  as may be reasonably necessary to carry out
this subsection.
  (d) The Administrator shall prescribe regulations under which
the useful life of vehicles and  engines  shall be determined for pur-
poses of subsection (aXD of this section and section 207. Such regu-
lations shall provide that except where a different useful life period
is specified in this title useful life shall—
      (1) in the case of light duty vehicles and light duty vehicle
    engines and light-duty trucks up to 3,750 Ibs. LVW and up to
    6,000 Ibs. GVWR,  be a period of  use of five years or of fifty
    thousand miles (or the equivalent), whichever first occurs,
    except that in the case  of any requirement of  this section
    which  first becomes applicable after the  enactment  of  the
    Clean Air Act Amendments  of  1990 where the useful  life
    period is not otherwise specified for such vehicles and engines,
    the period shall be  10  years or 100,000  miles (or the equiva-
    lent), whichever first occurs, with testing for purposes of in-use
    compliance under section 207 up to (but not beyond) 7 years or
    75,000 miles (or the equivalent), whichever first occurs;
      (2) in the case of any other motor  vehicle or  motor vehicle
    engine (other than motorcycles or motorcycle  engines) be  a
    period of use set forth in paragraph (1) unless the Administra-
    tor determines that a period of use of greater duration or mile-
    age is appropriate;  and
      (3) in  the case of any motorcycle or motorcycle engine, be  a
    period of use the Administrator shall determine.

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 Sec. 202	CLEAN AIR ACT	218

   (e) In the event a new power source or propulsion system for new
 motor vehicles or new motor vehicle engines is submitted for certi-
 fication pursuant to section 206(a)f the Administrator may postpone
 certification until he has prescribed standards for any air pollut-
 ants emitted by such vehicle or engine which in his judgment cause
 or contribute to, air pollution which may reasonably be anticipated
 to endanger the public health or welfare but for which standards
 have not been prescribed under subsection (a).
  (f) HI) The high altitude regulation in  effect with  respect to
 model year 1977 motor vehicles shall not apply to the manufacture,
 distribution, or sale  of 1978 and later model year motor vehicles.
 Any future regulation affecting the sale or distribution of motor ve-
 hicles or engines manufactured before the model  year  1984 in high
 altitude  areas of  the country shall  take  effect  no earlier  than
 model year 1981.
  (2) Any such  future regulation applicable to high altitude vehi-
 cles or engines  shall not require a percentage of reduction in the
 emissions of such vehicles which is greater than the required per-
 centage of reduction in emissions from  motor vehicles as set forth
 in section 202(b). This percentage reduction shall  be determined by
 comparing any  proposed high altitude emission standards to high
 altitude emissions from  vehicles manufactured during model year
 1970, In no event shall regulations applicable to high altitude vehi-
 cles manufactured before the model year 1984 establish a numeri-
 cal standard which is more stringent than that applicable to vehi-
 cles certified under non-high altitude conditions.
  (3) Section 307(d) shall apply to any high altitude regulation re-
 ferred to in paragraph (2) and before  promulgating any such  regu-
 lation, the Administrator shall consider and make a finding with
 respect to—
      (A) the economic  impact upon consumers, individual high al-
    titude dealers, and the automobile industry of any  such regula-
    tion, including the economic impact which was experienced as
    a result of the regulation imposed during model year 1977 with
    respect to high altitude certification requirements;
      (B)  the present and  future availability of  emission control
    technology  capable   of  meeting  the applicable  vehicle  and
    engine  emission  requirements  without reducing model  avail-
    ability; and
      (C) the likelihood  that the adoption  of such a high altitude
    regulation will result in any significant improvement in  air
    quality in any area to which it shall apply.
  (f) * MODEL YEARS  AFTER 1990.—For model years prior to model
year 1994, 2 the regulations under section 202(a) applicable to buses
other than those subject  to standards under section 219 shall con-
tain a standard which provides that emissions of particulate matter
(PM) from such buses may not exceed the standards set forth in the
following table:
  1 P.L 101-54H, sec. ai7(b), 104 Stat. *MH2 amended section 2ffi! by adding a new subsection (II
without repealing or redesignating the preexisting (f),
  2 The phrase "prior to model year 1WM" is inconsistent with the table and with the subsection
heading.

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219	CLEAN AIR ACT	Sec. 202

                        PM STANDARD FOR BUSES


                         Model year                           Standard *
1991	     0.25
1992	     0.25
1993 and thereafter	     0.10

  * Standards are expressed in grains per brake horsepower hour (g/bhp/hr).
  (g)  LIGHT-DUTY TRUCKS UP TO 6,000 LBS. GVWR AND LIGHT-DUTY
VEHICLES; STANDARDS FOR MODEL YEARS AFTER 1993.—
       (1) NMHC, co, AND NO,.—Effective with respect to the model
    year 1994 and thereafter, the  regulations  under subsection  (a)
    applicable to emissions of nonmethane hydrocarbons  (NMHC),
    carbon monoxide (CO), and oxides of nitrogen (NOX) from light-
    duty  trucks  (LDTs) of up  to  6,000  Ibs. gross vehicle weight
    rating  (GVWR)  and  light-duty  vehicles  (LDVs) shall contain
    standards which provide that  emissions from a percentage of
    each manufacturer's  sales  volume  of such vehicles and trucks
    shall comply with the levels specified in table G. The percent-
    age shall be as specified in the implementation schedule below:

  TABLE G—EMISSION STANDARDS FOR NMHC, CO, AND NOX  from light-
     duty trucks of up to 6,000 Ibs. gvwr and light-duty vehicles
                                  Column A              Column B
        Vehicle type             (5 yrs/50,000 mi)         (10 yre/100,000 mi)
                            NMHC   CO     NO,    NMHC   CO     NOX
LDTs (0-3,750 Ibs. LVW) and
  light-duty vehicles	    0.25    3.4     0.4*      0.31    4.2     0.6*
LDTs (3,751-5,750 Ibs. LVWt	    0.32    4.4     0.7*'     0.40    5.5     097
  Standards are expressed in grams per mile igpmJ.
  For standards under column A, Tor purposes of certification under section 206, the applicable
useful life shall be 5 years or 50,000 miles (or the equivalent), whichever first occurs.
  For standards under column B, for purposes of certification under section 206, the applicable
useful life shall be 10 years or 100,000 miles (or the equivalent), whichever first occurs.
  • In the case of diesel-fueled LDTs (0-3,750 Ivwt and light-duty vehicles, before the model year
2004, in lieu of the 0.4 and 0.6 standards for NO,, the applicable standards for NO. shall be 1.0
gpm for a useful  life of 5 years or 50,000 miles (or the equivalent), whichever first occurs, and
1.25 gpm for a useful life of 10 years or 100,000 miles (or the equivalent) whichever first occurs.
  •'This standard does not apply to diesel-fueled LDTs (3.751-5,750 Ibs. LVW).

        IMPLEMENTATION SCHEDULE FOR TABLE G STANDARDS
                         Model year                           Percentage '
1994	      40
1995	      80
after 1995	      100
  ' Percentages in the table refer to a percentage of each manufacturer's sales volume.

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Sec. 202
CLEAN AIR ACT
220
       (2) PM STANDARD.—Effective with respect to model year 1994
     and thereafter in the case of light-duty vehicles, and  effective
     with respect to the model year 1995 and thereafter in the case
     of light-duty trucks  '.—Effective with respect to the
model year  1996 and thereafter, the regulations under  subsection
(a) applicable to emissions of nonmethane hydrocarbons (NMHC),
carbon  monoxide (CO), oxides of nitrogen (NO,), and particulate
matter  (PM) from  light-duty trucks (LDTs) of  more than 6,000 Ibs.
gross vehicle weight rating (GVWR) shall contain standards which
provide that emissions  from a specified  percentage of each  manu-
facturer's sales volume  of such trucks shall comply with the levels
specified in table H. The specified percentage shall be 50 percent in
model year 1996 and 100 percent thereafter.

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221	CLEAN  AIR  ACT	Sec. 202

TABLE H—EMISSION STANDARDS FOR NMHC AND CO FROM GASOLINE
  AND DIESEL FUELED LIGHT-DUTY TRUCKS OF MORE THAN 6,000 LBS.
  GVWR
                                    Column A           Column B

         LDT Test weight            (5 yrs/50,000 mi)    (11 yrs/120,000 mi)

                                NMHC  CO  NO,  NMHC  CO   NO,  PM
3,751 -5,750 Ibs. TW	   0.32   4.4  0.7'   0.46   6.4  0.98  0.10
Over 5,750 Ibs. TW	   0.39   5.0  1.1"   0.56   7.3  1.53  0.12
  Standards are expressed in grams per mile (GPMl.
  For standards under column A, for purposes of certification under section 20f>, the applicable
useful life shall be 5 years or 50,000 miles (or the equivalent I whichever first occurs.
  For standards under column B, for purposes of certification under section 20B, the applicable
useful life shall be 11 years or 120,000 miles lor the equivalent), whichever first occurs,
  * Not applicable to diesel-fueled LDTs.
  (i) PHASE II STUDY FOR CERTAIN LIGHT-DUTY VEHICLES AND LIGHT-
DUTY TRUCKS.—(1) The Administrator, with the participation of the
Office of Technology Assessment, shall study whether or  not fur-
ther reductions in  emissions from light-duty vehicles and light-duty
trucks  should be required  pursuant to this title. The study shall
consider whether  to establish with respect  to  model years com-
mencing after January 1, 2003, the standards and useful life period
for gasoline   and  diesel-fueled light-duty  vehicles and  light-duty
trucks with a loaded vehicle weight  (LVW) of 3,750 Ibs. or less spec-
ified in the following table:

TABLE 3—PENDING EMISSION  STANDARDS FOR  GASOLINE AND DIESEL
  FUELED  LIGHT-DUTY VEHICLES AND LIGHT-DUTY TRUCKS  3,750 LBS.
  LVW OR LESS
                      Pollutant                         Emission level
NMHC	 0.125 GPM
NO,	 0.2 GPM
CO	 1.7 GPM
  ' Emission levels are expressed in grams per mile (GPMl. For vehicles and engines subject to
this subsection for purposes of section iOidl and any reference thereto, the useful life of such
vehicles and engines shall be a period of lit years or lOO.lHX) milt's (or the equivalent>. whichever
first occurs.
Such study shall also consider other standards and useful life peri-
ods which are more stringent or less stringent than  those set forth
in table 3 (but more stringent than  those referred  to in subsections
(g)and(h)).
  (2)(A) As part of the study under paragraph (1). the Administra-
tor shall examine the need for further reductions in emissions in
order to attain or maintain the national ambient air quality stand-
ards, taking into  consideration  the waiver provisions of section
209(b).  As  part  of such study,  the Administrator  shall  also exam-
ine—

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 Sec. 202
CLEAN AIR ACT
222
      (i) the availability of technology (including the costs thereof),
    in the case of light-duty vehicles and light-duty trucks with a
    loaded vehicle weight (LVW) of 3,750 Ibs. or less, for meeting
    more stringent emission standards than those provided in sub-
    sections (g) and (h) for model years commencing not  earlier
    than after January 1,  2003, and not later than model year
    2006, including the lead time and safety and energy impacts of
    meeting more stringent emission standards; and
      (ii) the need for,  and cost effectiveness of, obtaining further
    reductions  in emissions from such light-duty vehicles and light-
    duty trucks, taking into consideration alternative means of at-
    taining or maintaining the national primary ambient air qual-
    ity  standards pursuant  to State implementation plans and
    other requirements of this Act, including their feasibility and
    cost effectiveness.
  (B) The Administrator shall submit a report to Congress no later
than June 1, 1997,  containing the results of the study under this
subsection, including the  results of the examination  conducted
under subparagraph (A). Before submittal of such report  the  Ad-
ministrator shall provide a reasonable opportunity for public com-
ment and shall include  a summary of such comments in  the report
to Congress.
  (3XA) Based on the study under paragraph (1) the Administrator
shall determine, by rule, within 3 calendar years after the report is
submitted  to Congress, but not later  than  December 31, 1999,
whether—
      (i) there is a need for further reductions in emissions as pro-
    vided in paragraph  (2XA);
      (ii) the  technology  for meeting  more  stringent  emission
    standards will be available, as provided in paragraph  (2XAXi),
    in the case of light-duty vehicles and light-duty trucks with a
    loaded vehicle  weight  (LVW) of 3,750 Ibs.  or less,  for model
    years commencing  not earlier than  January  1, 2003 and  not
    later than  model year 2006, considering the  factors listed in
    paragraph (2XAXi); and
      (iii) obtaining further reductions in emissions  from such ve-
    hicles will  be needed and cost effective, taking  into consider-
    ation alternatives as provided in paragraph (2XAXU).
The rulemaking  under this paragraph shall  commence within  3
months after submission of the report to Congress under paragraph
(2KB).
  (B)  If the Administrator determines  under  subparagraph  (A)
that—
      (i) there  is no need  for further reductions in emissions as
    provided in paragraph (2XA);
      (ii) the  technology  for  meeting  more  stringent  emission
    standards  will  not be available  as provided  in paragraph
    (2XA)(i), in  the case of light-duty vehicles and light-duty trucks
    with a loaded vehicle  weight (LVW) of 3,750 Ibs. or less, for
    model years commencing not earlier than January 1, 2003, and
    not later than model year 2006, considering the factors listed
    in paragraph (2XAXi); or

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223	CLEAN  AIR ACT	Sec. 202

      (iii) obtaining further reductions in emissions from such ve-
    hicles will not be needed or cost effective, taking into consider-
    ation alternatives as provided in paragraph (2)(A)(ii),
the Administrator shall not promulgate  more stringent  standards
than those in effect  pursuant to subsections (g) and (h). Nothing in
this paragraph  shall prohibit the Administrator  from exercising
the Administrator's authority under subsection  (a) to promulgate
more stringent  standards  for light-duty vehicles  and  light-duty
trucks with a loaded vehicle weight (LVW) of 3,750 Ibs.  or less at
any other time thereafter in accordance with subsection (a).
  (C)  If the  Administrator determines  under  subparagraph  (A)
that—
      (i) there is a need for further reductions in emissions as pro-
    vided in paragraph (2)(A);
      (ii) the technology for meeting   more stringent emission
    standards will be available, as provided in paragraph (2XAXi),
    in the case  of light-duty vehicles and light-duty trucks with a
    loaded vehicle  weight (LVW) of 3,750 Ibs. or less, for  model
    years commencing  not  earlier than January 1, 2003, and not
    later than model year  2006,  considering the factors listed  in
    paragraph (2XA)(i);  and
      (iii) obtaining  further reductions in emissions from such ve-
    hicles will be needed and cost effective, taking into consider-
    ation alternatives as provided in paragraph (2XAXii),
the Administrator   shall either  promulgate the  standards (and
useful life periods) set forth in Table 3 in paragraph (1) or promul-
gate alternative standards (and useful life periods)  which are more
stringent than those referred to in subsections (g) and (h). Any such
standards (or useful  life periods) promulgated by the Administrator
shall take  effect with respect  to any such vehicles or engines no
earlier  than the model year  2003 but  not later than model year
2006, as determined  by the Administrator in the rule.
  (D) Nothing in this paragraph shall be construed  by the Adminis-
trator or by a court  as a presumption that any standards (or useful
life period; set forth in Table 8 shall be promulgated in the rule-
making required under this paragraph. The action required of the
Administrator in accordance with this paragraph  shall be treated
as a nondiscretionary duty for purposes of section 304(a)(2) (relating
to citizen suits).
  (E) Unless the Administrator determines not to promulgate more
stringent standards as provided in subparagraph (B) or to postpone
the effective date of standards referred to in Table 3 in paragraph
(1) or to establish alternative standards as provided in subpara-
graph (C), effective with respect  to model years commencing after
January 1, 2003, the regulations under subsection  (a)  applicable to
emissions of nonmethane hydrocarbons (NMHC), oxides of nitrogen
(NO,), and carbon monoxide (CO) from  motor vehicles and motor
vehicle  engines in the classes specified in Table 3 in paragraph  (1)
above shall contain  standards which provide  that emissions  may
not exceed the pending emission levels specified in  Table 3 in para-
graph (1).
  (j) COLD CO STANDARD.—

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Sec. 202	CLEAN AIR ACT	224

      (1) PHASE i.—Not later than 12 months after the date of the
    enactment of the Clean Air Act Amendments of 1990, the Ad-
    ministrator shall promulgate regulations under subsection (a)
    of this section applicable to emissions of carbon monoxide from
    1994 and later model  year light-duty  vehicles and light-duty
    trucks when operated  at  20 degrees Fahrenheit. The  regula-
    tions shall contain standards which provide that emissions of
    carbon monoxide from  a manufacturer's vehicles when operat-
    ed at 20 degrees Fahrenheit may not exceed, in the  case of
    light-duty vehicles, 10.0 grams  per mile, and in the  case of
    light-duty  trucks, a level comparable in stringency  to the
    standard applicable to  light-duty vehicles. The standards shall
    take effect after model  year 1993 according to a phase-in sched-
    ule which requires a percentage of each manufacturer's sales
    volume of  light-duty vehicles and light-duty trucks to  comply
    with applicable standards after model year 1993.  The percent-
    age shall be as specified in the following table:

         PHASE-IN SCHEDULE FOR COLD START STANDARDS

                     Model Year                       Percentage
1994	     40
1995	     80
1996 and after	    100

      (2) PHASE n.—(A) Not later than June 1, 1997, the Adminis-
   trator shall complete a study assessing the need for further re-
   ductions in emissions of carbon monoxide  and the maximum
   reductions in such emissions achievable from model year 2001
   and later model year  light-duty vehicles and light-duty trucks
   when operated at 20 degrees Fahrenheit.
      (B)(i) If as of June  1, 1997, 6 or more nonattainment areas
   have a carbon  monoxide design value of 9.5 ppm or greater,
   the regulations under  subsection (aXD of this section applicable
   to emissions of carbon  monoxide from  model year  2002  and
   later model year light-duty vehicles and light-duty trucks shall
   contain standards which provide that emissions of carbon mon-
   oxide from such vehicles and trucks when operated at 20 de-
   grees Fahrenheit may not exceed 3.4 grams per mile (gpm) in
   the case of light-duty  vehicles and 4.4 grams per mile (gpm) in
   the case of light-duty trucks up to 6,000  GVWR and a level
   comparable in stringency in the case of light-duty trucks 6,000
   GVWR and above.
      (ii) In determining for purposes of this subparagraph wheth-
   er 6 or more  nonattainment areas have  a carbon  monoxide
   design value of 9.5 ppm or greater, the Administrator shall ex-
   clude the areas of Steubenville, Ohio, and Oshkosh, Wisconsin.
      (3) USEFUL-LIFE FOR  PHASE i AND PHASE n STANDARDS.—In the
   case of the standards  referred to in paragraphs (1) and (2), for
   purposes of certification under section 206 and in-use compli-
   ance under section  207, the applicable useful life period shall
   be 5 years or 50,000 miles, whichever first occurs,  except that

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225	CLEAN AIR ACT	Sec. 202

    the Administrator may extend such useful life period (for pur-
    poses of section 206, or section 207, or both) if he determines
    that it  is  feasible  for vehicles and engines subject to such
    standards to meet such standards for a longer useful life. If the
    Administrator extends such useful life period, the Administra-
    tor may make  an appropriate adjustment of applicable stand-
    ards for such extended useful life. No such extended useful life
    shall extend  beyond the  useful life period provided in regula-
    tions under subsection (d).
      (4) HEAVY-DUTY VEHICLES AND ENGINES.—The Administrator
    may also promulgate regulations under subsection (a)(l) appli-
    cable to emissions of carbon monoxide from heavy-duty vehi-
    cles and engines when operated at cold temperatures.
  (k)  CONTROL OF  EVAPORATIVE EMISSIONS.—The  Administrator
shall promulgate (and from time to time revise) regulations appli-
cable to  evaporative emissions of hydrocarbons  from all gasoline-
fueled motor vehicles—
      (1) during operation; and
      (2) over 2 or more days  of nonuse;
under ozone-prone summertime conditions (as  determined by regu-
lations of the  Administrator). The regulations shall take effect as
expeditiously as possible and shall  require the greatest  degree of
emission reduction  achievable by means reasonably expected to be
available for production during any model year to which the regu-
lations apply,  giving appropriate consideration  to  fuel volatility,
and to cost,  energy, and safety factors associated with the applica-
tion of the appropriate technology. The Administrator shall com-
mence a rulemaking under this subsection within 12 months after
the date of  the enactment of the Clean Air Act Amendments of
1990. If final regulations are not promulgated under this subsection
within 18 months after the date of the enactment of the Clean Air
Act Amendments of 1990, the Administrator shall submit a state-
ment to the Congress containing an explanation of the reasons for
the delay and a date certain for promulgation  of such final regula-
tions in accordance with this Act. Such date  certain shall not be
later than 15 months after the expiration of such 18 month dead-
line.
  (1) MOBILE SOURCE-RELATED  AIR Toxics.—
      (1) STUDY.—Not later than 18 months after the date of the
   enactment  of the Clean Air Act Amendments of 1990, the Ad-
   ministrator shall complete a study of the need for, and feasibil-
    ity of, controlling emissions of  toxic air pollutants  which are
   unregulated under this Act and associated with motor vehicles
   and  motor vehicle fuels,  and the need for,  and feasibility of,
   controlling such emissions and the means  and  measures for
   such controls.  The  study shall  focus on  those categories of
   emissions that pose the greatest risk to human health or about
   which significant uncertainties  remain, including emissions of
   benzene, formaldehyde,  and 1,  3 butadiene.  The  proposed
   report shall be available for  public review and comment  and
   shall include a summary of all comments.
      (2) STANDARDS.—Within 54  months after the date of the en-
   actment of the Clean Air  Act Amendments of 1990, the Admin-

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Sec. 202	CLEAN AIR ACT	226

    istrator shall, based on the study under paragraph (1), promul-
    gate (and from time to time revise) regulations under subsec-
    tion (a)(l) or section 211(c)(l)  containing reasonable require-
    ments to control hazardous air pollutants from motor vehicles
    and motor vehicle fuels. The regulations shall contain stand-
    ards for such fuels or vehicles,  or both, which the Administra-
    tor determines reflect the greatest degree of emission reduction
    achievable through the application of technology which will be
    available, taking into consideration  the standards established
    under subsection (a), the availability and costs of the technolo-
    gy, and  noise, energy, and safety factors, and lead time. Such
    regulations shall not be inconsistent with standards under sec-
    tion  202(a).  The regulations shall,  at  a  minimum,  apply to
    emissions of  benzene and formaldehyde.
  (m) EMISSIONS CONTROL DIAGNOSTICS.—
     (1) REGULATIONS.—Within  18  months after the enactment of
    the  Clean Air  Act  Amendments of 1990, the Administrator
    shall promulgate regulations  under subsection  (a)  requiring
    manufacturers to install on all new light duty  vehicles and
    light duty trucks diagnostics systems capable of—
         (A) accurately identifying for the vehicle's  useful life as
        established  under this section, emission-related systems de-
        terioration  or malfunction, including, at a minimum,  the
        catalytic converter and oxygen sensor, which could  cause
        or result in failure of the vehicles to comply with emission
        standards established under this section,
         (B) alerting the vehicle's  owner or operator to the  likely
        need for emission-related components or systems mainte-
        nance or repair,
         (C) storing and retrieving fault codes specified by the Ad-
        ministrator, and
         (D) providing  access to stored information  in a manner
        specified by the  Administrator.
    The Administrator may, in the  Administrator's discretion, pro-
    mulgate regulations requiring  manufacturers to install such
    onboard diagnostic  systems on heavy-duty vehicles  and  en-
    gines.
     (2) EFFECTIVE DATE.—The  regulations required under  para-
    graph (1)  of this subsection shall take effect  in model year
    1994, except  that the Administrator may waive the application
    of such regulations for model year 1994 or 1995 (or both) with
    respect to any class or category  of motor vehicles if the Admin-
    istrator determines that it would be infeasible to apply the reg-
    ulations to that class or category in such model year or years,
    consistent with  corresponding regulations or policies adopted
    by the California Air Resources  Board for such systems.
     (3) STATE  INSPECTION.—The Administrator shall by regula-
    tion require  States that have implementation plans containing
    motor vehicle inspection and maintenance programs  to amend
    their plans within 2 years after promulgation of such regula-
    tions to  provide for inspection  of onboard diagnostics systems
    (as prescribed by regulations under paragraph  (1) of this sub-
    section)  and  for the maintenance or repair of malfunctions or


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227	CLEAN  AIR ACT	Sec. 203

    system deterioration identified by or affecting such diagnostics
    systems. Such  regulations shall  not be inconsistent with the
    provisions for warranties promulgated under section 207(a) and
    (b).
      (4)  SPECIFIC  REQUIREMENTS.—In  promulgating  regulations
    under this subsection, the Administrator shall require—
          (A) that any connectors through which the emission con-
        trol  diagnostics  system is  accessed for inspection, diagno-
        sis, service, or repair shall be standard and uniform on all
        motor vehicles and motor vehicle engines;
          (B) that access to the emission control diagnostics system
        through  such connectors shall  be unrestricted and shall
        not  require any access code or any  device which is  only
        available from a vehicle manufacturer; and
          (C) that the output of the data from the emission control
        diagnostics system through such connectors shall be usable
        without  the need  for any unique decoding  information  or
        device.
      (5) INFORMATION AVAILABILITY.—The Administrator, by regu-
    lation, shall  require (subject to the provisions of section 208(c)
    regarding the  protection of methods or  processes entitled  to
    protection as trade secrets) manufacturers to provide promptly
    to any person engaged in  the  repairing or servicing of motor
    vehicles  or motor vehicle  engines, and the Administrator for
    use by any such persons, with  any and all information needed
    to make use of the emission control diagnostics system pre-
    scribed  under this subsection and such other information in-
    cluding instructions for making emission  related diagnosis and
    repairs.  No such information may be withheld  under section
    208(c) if  that information is provided (directly or indirectly) by
    the manufacturer to franchised  dealers  or other  persons en-
    gaged in the repair, diagnosing, or servicing of motor vehicles
    or motor vehicle engines. Such information shall also be avail-
    able to the Administrator, subject to section 208(c), in carrying
    out the Administrator's responsibilities under this section.
(42 U.S.C. 7521]

                        PROHIBITED ACTS

  SEC. 203. (a) The following acts and the causing thereof are pro-
hibited—
      (1) in  the case of a  manufacturer  of new motor vehicles  or
    new motor vehicle engines for distribution in  commerce, the
    sale, or the offering for sale, or the introduction, or delivery for
    introduction, into commerce, or (in the  case of any person,
    except as provided by regulation of the Administrator), the im-
    portation into the United  States, of any new motor vehicle or
    new motor  vehicle  engine,  manufactured after  the  effective
    date of  regulations  under this part which are applicable  to
    such vehicle  or engine unless such vehicle or engine is covered
    by a certificate of conformity issued (and in effect) under regu-
    lations prescribed under this  part  or part C  in  the case of
    clean-fuel vehicles (except as provided in subsection (b));

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Sec. 203	CLEAN AIR ACT	228

      (2)(A) for any person to fail or refuse to permit access to or
    copying of records or to fail to make reports or provide infor-
    mation required under section 208;
      (B) for any person to fail or refuse to permit entry, testing or
    inspection authorized under section 206(c) or section 208;
      (C) for any person to fail or refuse to perform tests, or have
    tests performed as required under section 208;
      (D) for any manufacturer to fail to make information avail-
    able as provided by regulation under section 202(m)(5);
      (3XA) for any  person  to remove or  render inoperative any
    device or element  of design installed on or in a motor vehicle
    or motor vehicle engine in compliance with regulations under
    this title prior to its sale and delivery to the ultimate purchas-
    er, or for  any person knowingly to remove or render inoper-
    ative any such device or element of design after such sale and
    delivery to the ultimate purchaser; or
      (B) for any person  to manufacture or sell, or  offer to sell, or
    install, any  part  or  component intended for use with,  or as
    part of, any motor vehicle or motor vehicle engine, where a
    principal effect of the part or component is to bypass, defeat,
    or render inoperative any  device or element of design installed
    on or in a  motor vehicle or motor vehicle engine in compliance
    with regulations  under this title, and where the person knows
    or should  know that such part or component is being offered
    for sale or installed for such use or put to such use; or
      (4) for any manufacturer of a  new motor vehicle or new
    motor vehicle engine subject to standards prescribed under sec-
    tion 202 or Part C—
         (A)  to sell  or  lease any such vehicle or engine unless
        such manufacturer has complied with (i) the requirements
        of section  207 (a) and (b) with respect to such vehicle or
        engine, and unless a label or tag is affixed  to such vehicle
        or  engine  in  accordance  with  section 207(c)(3), or (ii)  the
        corresponding requirements of part C in the case of clean
        fuel vehicles  unless the manufacturer has complied with
        the corresponding requirements of part C
         (B) to  fail or refuse  to comply with the requirements of
        section 207 (c) or (e), or the corresponding requirements of
        part C in the case of clean fuel vehicles
         (C) except  as provided in subsection (c)(3) of section  207
        and the  corresponding requirements of part C in the case
        of clean fuel  vehicles, to provide directly or indirectly in
        any communication to the ultimate purchaser or any sub-
        sequent  purchaser  that  the  coverage  of  any  warranty
        under this Act is conditioned upon use of any part, compo-
        nent,  or system manufactured by such manufacturer or
        any person acting for such manufacturer or under his con-
        trol, or  conditioned upon service performed by any such
        person, or
         (D) to  fail or refuse  to comply with the terms and condi-
        tions of the  warranty under section 207 (a) or  (b) or  the
        corresponding requirements of part C in the case of clean
        fuel vehicles with respect to any vehicle; or

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229	CLEAN AIR ACT	Sec. 203

      (5) for any person to violate section 218, 219, or part C of this
    title or any regulations under section 218, 219, or part C.
No action with respect to any element oAdesign referred to in para-
graph (3) (including any adjustment or alteration of such element)
shall  be treated as a prohibited act under  such paragraph (3) if
such  action is in  accordance with section 215.  Nothing in para-
graph (3) shall be construed to  require  the use of manufacturer
parts in maintaining  or repairing any motor vehicle or motor vehi-
cle engine. For  the purposes of the preceding sentence,  the term
"manufacturer parts"  means, with  respect to  a  motor  vehicle
engine,  parts  produced or sold by the manufacturer of the motor
vehicle  or motor  vehicle engine. No action  with  respect  to  any
device or element of design  referred to in paragraph  (3) shall be
treated  as a prohibited act under that paragraph if (i) the action is
for the  purpose of repair  or replacement of the device or element,
or is a necessary and  temporary procedure to repair or replace  any
other item and the device or element is replaced upon completion
of the  procedure, and  (ii) such  action  thereafter results  in  the
proper  functioning of the device or  element referred  to in para-
graph (3). No action with respect to any device or element of design
referred to  in paragraph (3) shall  be treated as a prohibited act
under that paragraph if the  action is for the purpose of a  conver-
sion of  a motor vehicle for  use of a  clean alternative  fuel (as de-
fined in this title) and if such vehicle complies with the applicable
standard under section  202 when operating on such fuel,  and if in
the case of a  clean alternative fuel vehicle (as defined by rule by
the Administrator), the device or element is replaced upon comple-
tion of the conversion procedure  and such action results in proper
functioning  of the device or element when the motor vehicle oper-
ates on  conventional fuel.
  (bXD  The Administrator may exempt  any new motor vehicle or
new motor vehicle engine from subsection (a), upon  such terms  and
conditions as he may  find necessary for the purpose of research, in-
vestigations, studies, demonstrations,  or  training, or for reasons of
national security.
  (2) A  new motor vehicle or new motor vehicle engine offered for
importation or imported by any person in violation of subsection (a)
shall  be refused admission into the United States, but the Secre-
tary of  the Treasury  and the Administrator may, by joint  regula-
tion, provide for deferring final determination as to admission  and
authorizing  the delivery of such a motor vehicle  or engine  offered
for import to the owner or consignee thereof upon such terms  and
conditions (including  the  furnishing of a bond) as  may appear to
them appropriate to insure that any  such motor  vehicle or engine
will be  brought into conformity with the standards, requirements,
and limitations applicable to it under this  part.  The  Secretary of
the Treasury shall, if a motor  vehicle or engine  is finally refused
admission under this paragraph, cause disposition  thereof in ac-
cordance with the  customs laws unless it is exported, under regula-
tions  prescribed  by such Secretary, within ninety days of the date
of notice of such refusal or such additional time as may be  permit-
ted pursuant to such  regulations, except that disposition in  accord-
ance with the customs  laws  may not be made in such manner as

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 Sec. 204	CLEAN AIR ACT	230

 may result, directly or indirectly, in the sale, to the ultimate con-
 sumer, of a  new motor vehicle or new motor vehicle engine that
 fails  to comply  with applicable  standards of  the  Administrator
 under this part.
  (3)  A new motor vehicle or new  motor vehicle engine intended
 solely for export, and so labeled or tagged on the outside of the con-
 tainer and on the vehicle or engine itself,  shall be subject to the
 provisions of subsection (a), except that if the country which is to
 receive such vehicle or engine has emission standards which differ
 from  the standards prescribed under section 202, then such vehicle
 or engine shall comply with the standards of such country which is
 to receive such vehicle or engine.
 [42 U.S.C. 7522]

                    INJUNCTION PROCEEDINGS

  SEC. 204. (a) The district courts of the United States shall have
jurisdiction to restrain violations of section 203(a).
  (b) Actions to restrain such violations shall be brought by and in
the name  of the United States. In  any such  action, subpenas for
witnesses who are required to attend a district court in any district
 may run into any other district.
 [42 U.S.C. 7523]
 SEC. 205. CIVIL PENALTIES.
  (a)  VIOLATIONS,—Any  person  who  violates  sections  203(aXl),
203(aX4), or 203(aX5) or any manufacturer  or dealer who violates
section 203(aX3XA) shall be subject to a civil  penalty of  not  more
than $25,000. Any person other than a manufacturer or dealer who
violates section  203(aX3XA) or any person who violates section
203(aX3XB) shall be subject to a civil penalty of not more  than
$2,500. Any such violation with respect to paragraph (1), (3)(A),  or
(4) of section 203(a) shall constitute  a separate offense with respect
to each motor  vehicle or motor vehicle engine. Any such violation
with respect to section  203(a)(3)(B)  shall constitute  a separate of-
fense with respect  to each part or component.  Any person who vio-
 lates section 203(aX2) shall be subject to a civil penalty of not  more
than $25,000 per day of violation.
  (b)  CIVIL ACTIONS.—The  Administrator may commence a  civil
action to assess and recover any civil penalty under subsection (a)
of this section, section 211(d), or  section 213(d). Any action under
this subsection may be brought in the district court of the United
 States for  the district in which the  violation is  alleged to have oc-
 curred or  in which the defendant resides or  has the Administra-
 tor's principal place of business, and the court shall have jurisdic-
 tion to assess  a  civil penalty. In determining the amount of any
civil penalty to be assessed under this subsection, the court  shall
 take into account the gravity of the violation,  the economic benefit
 or savings (if any) resulting from the violation, the size of the viola-
 tor's business, the violator's history of compliance  with  this title,
 action taken to remedy the violation,  the effect of the penalty on
 the violator's ability to  continue in business,  and such other mat-
 ters as justice  may require. In any  such action, subpoenas for wit-

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231	CLEAN AIR ACT	Sec. 205

nesses who are required to attend a district court in any  district
may run into any other district.
  (c) ADMINISTRATIVE ASSESSMENT OF CERTAIN PENALTIES.—
      (I) ADMINISTRATIVE  PENALTY AUTHORITY.—In  Heu of  com-
    mencing  a civil action under subsection (b), the Administrator
    may assess any civil penalty prescribed in subsection (a) of this
    section, section 211(d), or section 213(d), except that the maxi-
    mum amount of penalty sought against each violator in a pen-
    alty  assessment proceeding shall  not exceed $200,000, unless
    the Administrator and the Attorney General jointly determine
    that a matter involving a larger penalty amount is appropriate
    for administrative penalty assessment. Any such  determina-
    tion  by the Administrator and the Attorney General  shall not
    be subject to  judicial  review. Assessment of a  civil penalty
    under this subsection  shall be by an order made on the record
    after opportunity for a hearing in accordance with sections 554
    and 556 of title 5 of the United States Code, The Administrator
    shall issue reasonable rules for discovery and other procedures
    for hearings under this paragraph. Before issuing  such an
    order,  the Administrator  shall  give  written notice  to  the
    person to be assessed  an administrative penalty of the Admin-
    istrator's proposal to issue such order and provide such person
    an opportunity to  request such a hearing on the  order, within
    30 days of the date the notice is received by such person. The
    Administrator may compromise, or remit, with or without con-
    ditions,  any administrative  penalty which  may be imposed
    under this section.
      (2) DETERMINING AMOUNT.—In determining the  amount of
    any civil penalty assessed under this subsection,  the  Adminis-
    trator shall take into account the gravity of the violation, the
    economic  benefit or savings (if any) resulting from the viola-
    tion, the  size of the violator's business, the violator's history of
    compliance with this  title, action taken to  remedy the viola-
    tion, the effect of the penalty on the violator's ability to  contin-
    ue in business, and such other matters as justice may require.
      (3) EFFECT  OF ADMINISTRATOR'S  ACTION.—(A) Action  by the
    Administrator under  this subsection shall not affect or limit
    the Administrator's authority to enforce any provision  of this
    Act;  except that any violation,
          (i)  with respect to which the Administrator has  com-
        menced and is diligently prosecuting an  action under this
        subsection, or
          (ii) for which the Administrator has issued a  final order
        not subject to further judicial review and the violator has
        paid  a penalty assessment under this subsection,
    shall not be the subject of civil penalty action under subsection
    
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 Sec. 206	CLEAN AIR ACT	232

       (5) JUDICIAL REVIEW.—Any person against whom a civil pen-
    alty is assessed in accordance with this subsection may seek
    review of the assessment in the United States District Court
    for the District of Columbia, or for the district in which the
    violation is alleged to have occurred, in which such person re-
    sides, or where such person's principal place  of business is lo-
    cated,  within the 30-day period beginning on the date a civil
    penalty order is issued. Such person shall simultaneously send
    a  copy  of the filing by certified mail to the Administrator and
    the Attorney General. The Administrator shall file in the court
    a certified copy, or certified index, as appropriate, of the record
    on which the order was issued within  30 days. The court shall
    not set aside or remand any order issued in accordance with
    the requirements of this subsection unless there is not substan-
    tial evidence in the record, taken as  a whole, to support the
    finding of a violation or unless the Administrator's assessment
    of the penalty constitutes an abuse of discretion, and the court
    shall not impose additional civil penalties unless the Adminis-
    trator's assessment of the penalty constitutes an abuse of dis-
    cretion. In  any proceedings, the United States may seek to re-
    cover civil penalties assessed under this section.
      (6) COLLECTION.—If any person fails  to pay an assessment of
    a civil  penalty imposed  by the Administrator as provided in
    this subsection—
          (A) after the order making the assessment has become
        final, or
          (B) after a court in an action  brought under paragraph
        (5) has entered a final judgment in favor of the Adminis-
        trator,
    the Administrator shall request the Attorney  General to bring
    a civil action in an appropriate district court to recover the
    amount assessed (plus interest at rates established pursuant to
    section  6621(aX2) of the  Internal Revenue Code of 1986 from
    the date of the final order or the date of the final judgment, as
    the case may be). In such an action, the validity, amount,  and
    appropriateness  of the penalty shall not be subject to  review.
    Any  person who fails  to pay on a timely basis the amount of
    an assessment of a civil  penalty as described in the first sen-
    tence of this paragraph shall be required to pay, in addition to
    that  amount and interest,  the  United States' enforcement ex-
    penses,  including  attorneys fees and  costs  for collection pro-
    ceedings, and a quarterly nonpayment  penalty for each quarter
    during  which such failure  to  pay persists. The nonpayment
    penalty shall be in an amount equal to 10 percent of the aggre-
    gate  amount of that person's penalties and nonpayment penal-
    ties which are unpaid as of the beginning of such quarter.
[42 U.S.C. 7524]

  MOTOR VEHICLE AND MOTOR VEHICLE ENGINE COMPLIANCE TESTING
                       AND CERTIFICATION

  SEC.  206.  
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 233	CLEAN AIR ACT	Sec. 206

 determine whether such vehicle or engine conforms with the regu-
 lations prescribed under section 202 of this Act. If such vehicle or
 engine conforms to such regulations, the Administrator shall issue
 a  certificate of conformity upon such terms, and for such period
 (not in excess of one year) as he may prescribe. In the case of any
 original equipment manufacturer (as defined by the Administrator
 in regulations promulgated before the date of the enactment of the
 Clean Air Act  Amendments  of 1990) of vehicles or vehicle engines
 whose projected sales in the United States for any model year (as
 determined by  the Administrator) will not exceed 300, the Adminis-
 trator shall  not require,  for purposes  of determining compliance
 with  regulations under section 202 for the  useful life of the vehicle
 or engine, operation of any vehicle or engine manufactured during
 such  model year for more than 5,000 miles or 160 hours, respective-
 ly, unless the  Administrator, by regulation, prescribes otherwise.
 The Administrator shall apply any adjustment  factors  that the Ad-
 ministrator  deems appropriate to  assure that each vehicle or
 engine will comply during its useful life (as determined under  sec-
 tion 202(d)) with the regulations  prescribed under section 202.
  (2)  The Administrator shall test any emission control system in-
 corporated in a motor vehicle or motor vehicle  engine submitted to
 him by any person, in order  to determine whether such system en-
 ables such vehicle or engine to conform to the standards required
 to be  prescribed under section 202(b) of this Act. If the Administra-
 tor finds on the basis of such tests that  such vehicle or engine con-
 forms to such standards,  the Administrator shall issue a verifica-
 tion of compliance with emission standards for such system when
 incorporated in vehicles of a class of which the tested vehicle is
 representative. He shall  inform manufacturers and the  National
 Academy of Sciences, and make  available to the public, the results
 of such tests. Tests under this paragraph shall  be conducted under
 such terms and conditions (including requirements for preliminary
 testing by qualified independent laboratories) as the Administrator
 may prescribe by regulations.
  (3)(A) A certificate of conformity may be issued  under this  sec-
 tion only if the Administrator determines that the manufacturer
 (or in the case of a vehicle or engine for import, any person)  has
 established to the satisfaction of the Administrator that any emis-
 sion control device, system, or element of design installed on, or in-
 corporated in,  such vehicle  or engine  conforms to applicable re-
 quirements of section 202(a)(4).
  (B)  The Administrator may conduct such tests and  may require
 the manufacturer (or any such  person) to conduct such tests  and
 provide such information as is necessary to carry out subparagraph
 (A) of this paragraph. Such  requirements  shall include a require-
 ment  for prompt reporting of the emission of any unregulated  pol-
 lutant from a system, device, or element of design if such pollutant
 was not  emitted, or was  emitted  in significantly lesser  amounts,
from the vehicle or engine without use of the system, device, or ele-
 ment  of design.
  (4)1 A) Not later than 12 months after the date of the enactment
of the Clean  Air Act Amendments of 1990, the  Administrator shall
 revise the regulations promulgated under this subsection  to  add

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 Sec. 206	CLEAN AIR ACT	234

 test procedures capable  of determining whether model year 1994
 and later  model year light-duty  vehicles and  light-duty trucks,
 when properly maintained and used, will pass the inspection meth-
 ods and procedures established under section 207(b) for that model
 year, under conditions reasonably likely to be encountered  in the
 conduct of inspection and maintenance programs, but which those
 programs cannot reasonably influence or  control. The conditions
 shall include fuel characteristics, ambient  temperature, and short
 (30 minutes or less) waiting periods before tests are conducted. The
 Administrator shall not grant a certificate of conformity under this
 subsection  for any 1994 or later model year vehicle or engine that
 the Administrator concludes cannot pass the test procedures estab-
 lished under this paragraph.
  (B) From time to time, the Administrator may revise the regula-
 tions promulgated under subparagraph (A), as the Administrator
 deems appropriate.
  (bXl) In order to determine whether new motor vehicles or new
 motor vehicle engines being manufactured by a manufacturer do in
 fact conform with the regulations with respect to which the certifi-
 cate of conformity was issued, the  Administrator is authorized to
 test such vehicles or engines. Such tests may be conducted by the
 Administrator directly or, in accordance with conditions specified
by the Administrator, by the manufacturer.
  (2XAXi) If, based  on tests  conducted under paragraph  (1) on a
 sample of new vehicles or engines covered by a certificate of con-
 formity, the Administrator determines that all or part of the vehi-
 cles or engines so covered do not conform with the regulations with
 respect to which the certificate of conformity was issued and with
 the requirements of section  202(aX4),  he may suspend or revoke
 such certificate in whole or in part, and shall so notify the  manu-
 facturer. Such suspension or revocation shall apply in the case of
any  new motor vehicles or new motor vehicle  engines  manufac-
tured after the date of such notification (or  manufactured  before
such date if still in the hands of the manufacturer), and shall apply
until  such  time as the Administrator  finds that vehicles and en-
gines manufactured by the manufacturer do conform to such regu-
lations and requirements. If, during any period of suspension or
revocation, the Administrator finds that a vehicle or engine actual-
ly conforms to such regulations and  requirements, he shall issue a
certificate of conformity applicable to such vehicle or engine.
  (ii) If, based on tests conducted under paragraph (1) on any new
 vehicle or engine, the Administrator determines that such vehicle
 or engine does not conform with such regulations, he may suspend
 or revoke such certificate insofar as it applies to such vehicle or
engine until such time as he finds such vehicle or engine actually
so conforms with such regulations, and  he shall so notify the  manu-
 facturer.
  (BXi) At the  request of any manufacturer the Administrator shall
grant such manufacturer a  hearing as to  whether  the tests have
been properly  conducted  or any sampling methods have been prop-
 erly applied, and make a determination on the record with respect
 to any suspension or revocation under subparagraph  (A); but sus-


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235	CLEAN AIR ACT	Sec. 206

pension or revocation under subparagraph (A) shall not be stayed
by reason of such hearing.
  (ii) In any case of actual controversy as to the validity of any de-
termination under clause (i), the  manufacturer  may  at any time
prior to the 60th day after such determination is made file a peti-
tion with the United States court of appeals for the circuit wherein
such manufacturer resides or has his principal place of business for
a judicial review of such determination. A copy of the petition shall
be forthwith transmitted by the clerk of the court to the Adminis-
trator or other officer designated by him for that purpose.  The Ad-
ministrator thereupon shall file in the court the  record of the pro-
ceedings on which the  Administrator  based his  determination, as
provided in section 2112 of title 28 of the United States Code.
  (iii) If the petitioner applies to the court for leave to  adduce addi-
tional evidence, and shows to the satisfaction of the court that such
additional  evidence  is  material and that there were reasonable
grounds for the failure to adduce  such evidence  in the proceeding
before the Administrator, the court may order such additional evi-
dence (and evidence in rebuttal thereof) to be taken before the Ad-
ministrator, in such manner and  upon such terms and conditions
as the court may deem proper. The Administrator may modify his
findings as to the facts, or make new findings, by reason of the ad-
ditional evidence so  taken and he shall file such modified or new
findings, and  his recommendation, if any, for the  modification or
setting aside of his original determination, with the return of such
additional evidence.
  (iv) Upon the filing of the petition referred to in clause (ii), the
court shall have jurisdiction to review the order in accordance with
chapter 7 of title 5,  United States Code,  and to  grant appropriate
relief as provided in such chapter.
  (c) For  purposes of enforcement of  this section, officers or em-
ployees duly designated by the Administrator, upon presenting ap-
propriate credentials to the manufacturer or person in charge, are
authorized (1) to  enter, at reasonable times, any  plant or other es-
tablishment of such  manufacturers, for the purpose of conducting
tests of vehicles of engines in the hands of the manufacturer, or (2)
to inspect at reasonable times, records,  files, papers, processes, con-
trols, and facilities used by such manufacturer in conducting tests
under regulations of the Administrator. Each such inspection shall
be commenced and completed with reasonable promptness.
  (d) The Administrator shall by regulation establish methods and
procedures for making tests under this section.
  (e) The Administrator shall make available to  the public the re-
sults of his tests  of any motor vehicle or motor vehicle engine sub-
mitted by a manufacturer under subsection (a) as promptly as pos-
sible  after the enactment of the  Clean Air Amendments of  1970
and at the beginning of each model year which  begins thereafter.
Such  results shall $e described in  such nontechnical manner as
will reasonably disclose to prospective  ultimate purchasers of new
motor vehicles and new motor vehicle engines the comparative per-
formance of the vehicles and engines tested in meeting the stand-
ards prescribed under section 202 of this Act.

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 Sec. 206
CLEAN AIR  ACT
236
  (f) All light duty vehicles and engines manufactured during or
after model year 1984  and  all light-duty  trucks  manufactured
during  or  after model year 1995 shall  comply with the require-
ments of section 202 of this Act regardless of the altitude at which
they are sold.
  (gXl)  In the case of any class or category of heavy-duty vehicles
or engines  to which a standard promulgated under section 202(a) of
this Act applies, except as provided in paragraph (2), a certificate of
conformity shall be  issued under subsection  (a)  and shall not be
suspended  or revoked under subsection (b) for such vehicles or en-
gines manufactured by a manufacturer notwithstanding the failure
of such  vehicles or engines to meet such  standard if such manufac-
turer pays a nonconformance penalty as provided  under regula-
tions promulgated by the Administrator after notice and opportuni-
ty for public hearing. In the  case of motorcycles to which such a
standard applies, such a certificate may  be issued notwithstanding
such failure if the manufacturer pays such a penalty.
  (2) No certificate of conformity may be  issued under paragraph
(1) with respect to any class or category  of vehicle or engine  if the
degree by which the manufacturer fails to meet any standard pro-
mulgated under section 202(a) with respect to such class or catego-
ry exceeds the percentage determined under regulations promul-
gated by the Administrator  to be  practicable.  Such regulations
shall require such testing of vehicle or engines being produced as
may be  necessary to determine the percentage of the classes or cat-
egories of vehicles or engines which are not in compliance with the
regulations with  respect to which a certificate of conformity was
issued and  shall be promulgated not later than one year after the
date of enactment of the Clean Air Act Amendments of 1977.
  (3) The regulations promulgated under paragraph (1) shall,  not
later than  one  year after the date of  enactment of the Clean  Air
Act Amendments of 1977, provide for nonconformance penalties in
amounts determined under a formula  established by the Adminis-
trator. Such penalties under such formula—
      (A) may vary from pollutant-to-pollutant;
      (B) may vary by class or category or vehicle or engine;
      (C) shall take into account the extent  to which actual  emis-
    sions of any air pollutant exceed allowable emissions under the
    standards promulgated under section 202;
      (D) shall  be increased periodically in order to create incen-
    tives for the development of production vehicles  or engines
    which  achieve the required degree of emission reduction; and
      (E) shall  remove any competitive  disadvantage to manufac-
    turers whose engines or vehicles  achieve the required degree of
    emission reduction (including any such disadvantage arising
    from the application of paragraph (4)).
  (4) In  any case in  which a certificate of conformity has been
issued under this subsection, any warranty required under section
207(b)(2) and any action under section 207(c) shall be required to be
effective only for the emission levels which the Administrator de-
termines that such certificate was issued and not for the emission
levels required under the applicable standard.

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237	CLEAN AIR ACT	Sec. 207

  (5) The authorities of section 208(a) shall  apply, subject to the
conditions of section 208(b), for purposes of this subsection.
  (h) Within 18 months after the enactment of the Clean  Air Act
Amendments of 1990, the Administrator shall review and revise as
necessary the regulations under subsection (a)  and (b) of this sec-
tion regarding  the testing of motor vehicles and motor vehicle en-
gines  to insure that vehicles are tested under circumstances which
reflect the actual current driving conditions under which motor ve-
hicles are used, including conditions  relating to fuel, temperature,
acceleration, and altitude.
[42 U.S.C. 7525)

       COMPLIANCE BY VEHICLES AND ENGINES IN ACTUAL USE

  SEC. 207.  (aXl) Effective with respect to  vehicles  and  engines
manufactured in model years beginning more  than 60 days  after
the date of  the enactment of the Clean Air Amendments  of  1970,
the manufacturer of each new motor vehicle and new motor  vehi-
cle engine shall warrant to the ultimate purchaser and each subse-
quent purchaser that such vehicle or engine  is  (A) designed,  built,
and equipped so as to conform  at the time of sale with applicable
regulations  under section 202, and (B) free from defects in materi-
als and workmanship which cause such vehicle  or engine to fail to
conform  with applicable regulations  for its  useful life  (as deter-
mined under section 202(d). In  the  case  of  vehicles  and  engines
manufactured in the model year 1995 and thereafter such  warran-
ty shall require that the vehicle or  engine  is free  from any  such
defects for the warranty period provided under subsection (i). '
  (2) In the case of a motor vehicle  part  or  motor vehicle engine
part, the  manufacturer or rebuilder  of such part may certify that
use of such part will not result in a failure of the  vehicle or engine
to comply with emission standards promulgated under section 202.
Such  certification shall be made only under such regulations  as
may be promulgated by the  Administrator  to  carry  out the pur-
poses  of subsection (b). The Administrator shall  promulgate  such
regulations no later than two years following the date of the enact-
ment  of this paragraph.
  (3) The cost of any part, device, or component  of any  light-duty
vehicle that is  designed for emission  control and which  in the in-
structions issued  pursuant to  subsection (cX3) of  this  section is
scheduled for replacement during the useful life  of the  vehicle in
order to maintain compliance with regulations under section 202 of
this Act,  the failure of which shall not interfere with the normal
performance of the vehicle, and the expected retail price of which,
including installation  costs,  is greater than 2 percent of the sug-
gested retail price of such vehicle, shall be borne  or reimbursed at
the time of  replacement by the vehicle manufacturer and  such re-
placement shall be provided without cost to the ultimate purchas-
er, subsequent  purchaser, or dealer.  The term  "designed for emis-
sion control" as used  in the preceding sentence means  a catalytic
converter, thermal reactor, or other component  installed on or in a
  1 Pursuant to P.L. 101-M9. sec. 20!K4>. 104 Slut. 24&r>, the last sentence of 207taKl> is effective
beginning with cars manufactured in the l!W.r> model yi-ur.

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Sec. 207	CLEAN AIR ACT	238

vehicle for  the sole or primary purpose of reducing vehicle emis-
sions (not including those vehicle components which were in gener-
al use prior to model year 1968 and the primary function of which
is not related to emission control).
   (b)  If the Administrator determines that (i) there are available
testing methods  and  procedures to ascertain whether, when in
actual use  throughout its l the warranty  period  (as determined
under subsection (i)), each vehicle and  engine to which regulations
under section 202  apply complies  with the emission standards of
such  regulations, (ii) such methods and procedures are  in accord-
ance  with good engineering practices,  and (iii)  such methods  and
procedures  are reasonably  capable of being correlated  with  tests
conducted under section 20(HaXl), then—
      (1) he shall establish such methods and procedures by regula-
    tion, and
      (2) at such time  as he determines that inspection facilities or
    equipment are available for purposes of carrying out testing
    methods and procedures established  under paragraph (1), he
    shall prescribe regulations  which shall  require manufacturers
    to warrant the emission control device or system of each new
    motor vehicle or new motor vehicle engine to which a regula-
    tion under section 202 applies and  which is manufactured in a
    model year beginning after the Administrator first  prescribes
    warranty regulations  under this paragraph.  The  warranty
    under  such regulations shall  run to the ultimate  purchaser
    and each subsequent purchaser and shall provide that if—
          (A) the vehicle or engine is  maintained and operated in
        accordance with instructions under subsection (cX3),
          (B) it fails to conform at any time during its  l the war-
        ranty period (as determined  under subsection  (i)) to the
        regulations prescribed under section 202, and
          (C) such nonconformity results in the ultimate  purchaser
        (or  any subsequent  purchaser) of such vehicle  or engine
        having to  bear any penalty or  other sanction  (including
        the denial of the right to use such vehicle or engine) under
        State or Federal law,
    then such manufacturer  shall remedy such nonconformity
    under such warranty with the cost thereof to be borne by the
    manufacturer. No such warranty shall be invalid on the basis
    of any part used in the maintenance or repair of a  vehicle or
    engine if such  part was certified as provided under  subsection
    (aX2). [For purposes of the  warranty under this subsection, for
    the period after twenty-four months  or twenty-four thousand
    miles {whichever  first  occurs) the  term  "emission control
    device  or system" means a catalytic converter, thermal reac-
    tor, or other component installed on or in a vehicle for the sole
    or primary purpose of reducing vehicle emissions. Such terms
  1 PL 101-549, sec. 209(1), 104 Stat. 2484 amended section 207(b) by striking out "useful life (as
determined under section 202
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239	CLEAN AIR ACT	Sec. 207

    shall not include those vehicle components which were in gen-
    eral use prior to model year 1968. l]
  (c) Effective with respect to vehicles and engines manufactured
during model years beginning more than 60 days after the date of
enactment of the Clean Air Amendments of 1970—
      (1) If the  Administrator  determines  that  a substantial
    number of  any class  or category  of vehicles  or engines, al-
    though properly  maintained and used, do not  conform  to the
    regulations  prescribed under section 202,  when in  actual use
    throughout  their useful  life  (as  determined  under section
    202(d)), he shall immediately notify the manufacturer thereof
    of such nonconformity, and he shall require the manufacturer
    to submit a  plan  for remedying the nonconformity of the vehi-
    cles or engines with respect to which such notification is given.
    The plan shall provide that the nonconformity of any such ve-
    hicles or engines which are properly used and maintained will
    be remedied at the expense of the manufacturer. If the manu-
    facturer disagrees with  such determination of nonconformity
    and so advises the Administrator,  the Administrator  shall
    afford the manufacturer and other interested  persons an op-
    portunity to present their views and evidence in support there-
    of at a public hearing. Unless, as a  result of such hearing the
    Administrator withdraws  such determination of nonconform-
    ity, he shall, within 60 days after the completion of such hear-
    ing, order the manufacturer to provide prompt notification of
    such nonconformity in accordance with paragraph (2).
      (2) Any notification required by paragraph (1) with respect to
    any class  or category  of vehicles or engines shall be given  to
    dealers, ultimate  purchasers,  and subsequent purchasers  (if
    known) in such manner and containing such  information  as
    the Administrator may by regulations require.
  (3XA) 2 The manufacturer shall furnish with each new motor ve-
hicle or motor vehicle  engine written instructions  for the proper
maintenance and  use of the vehicle or engine by the ultimate pur-
chaser and such instructions shall correspond to regulations which
the Administrator shall promulgate. The  manufacturer  shall pro-
vide in  boldface type  on the first page of the written maintenance
instructions notice that maintenance, replacement, or repair of the
emission control devices and  systems may be performed by any
automotive  repair establishment or individual  using any automo-
tive part which  has been certified as provided in subsection  (aX2).
  (B) The  instruction under  subparagraph  (A) of this  paragraph
shall not include any condition on the ultimate purchaser's using,
in connection with such vehicle or engine, any component or serv-
ice (other than  a component  or service provided without charge
under the terms of the purchase agreement) which  is identified by
brand, trade, or corporate name;  or directly or  indirectly  distin-
guishing between service performed by the franchised dealers of
such manufacturer or any  other service establishments with which
  1 Pursuant to P.L. 101-549. sec. 20*2), 104 Stat. 2484. effective with respect to new motor vehi-
cles and engines manufactured in the model year 199ft and thereafter, section 207 is amended by
striking so much of section 207fb) as follows the third sentence thereof.
  1 Public Law 95-95 added paragraph (3). This paragraph should have been indented.

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Sec. 207	CLEAN AIR ACT	240

such manufacturer has a commercial relationship, and service per-
formed by  independent automotive  repair  facilities  with which
such manufacturer has no commercial relationship; except that the
prohibition of this subsection may be waived by the Administrator
if—
      (i) the manufacturer satisfies the Administrator that the ve-
    hicle or engine will function properly only if the component or
    service so identified is used in connection with such vehicle or
    engine, and
      (ii) the Administrator finds that such  a  waiver is in  the
    public interest.
  (C) In  addition,  the  manufacturer shall indicate by means of a
label or  tag  permanently  affixed to such vehicle or  engine that
such vehicle or engine  is covered by a  certificate of conformity
issued  for the purpose of assuring achievement of emissions stand-
ards prescribed under section  202 of this Act. Such label or tag
shall contain such other information relating to control of motor
vehicle emissions as the Administrator shall prescribe by regula-
tion.
      (4) INTERMEDIATE IN-USE STANDARDS.—
          (A) MODEL YEARS 1994  AND 1995.—For light-duty trucks
        of up to 6,000  IDS. gross vehicle weight rating (GVWR) and
        light-duty vehicles which are subject to standards under
        table G of section 202
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241	CLEAN AIR ACT	Sec. 207

              (I) in  model  year 1996 which are  subject to  the
            standards set forth in Table H of section 202(h) (50%);
              (II) in model year 1997 (100%); and
              (III)  in model year 1998 which  are not subject to
            final in-use standards under paragraph (5) (50%);
        the standards for NMHC, CO, and NO% for purposes of this
        subsection  shall be those  set forth in Table  B below in lieu
        of the standards for such air pollutants  otherwise applica-
        ble under this title.

   TABLE B—INTERMEDIATE IN-USE STANDARDS LDTs MORE THAN
                        6,000 LBS. GVWR

                  Vehicle type                    NMHC  CO   NO,

LDTs (3,751-5,750 Ibs. TW)	    0.40   5.5   0.88*
LDTs (over-5,750 Ibs. TW)	    0.49   6.2   1.38*

  ' Not applicable to diesel-fueled vehicles
          (C)  USEFUL LIFE.—In the case of the in-use standards ap-
        plicable under this  paragraph, for purposes of  applying
        this subsection, the  applicable useful life shall  be 5  years
        or 50,000 miles or the equivalent (whichever first occurs).
      (5) FINAL IN-USE STANDARDS.—(A) After the model year 1995,
    for purposes of applying  this subsection, in the case of the per-
    centage specified in the implementation schedule below of each
    manufacturer's sales volume of light-duty trucks of up to 6,000
    Ibs. gross  vehicle weight rating (GVWR) and light duty vehi-
    cles, the standards for NMHC, CO, and NO, shall be as provid-
    ed in Table G in section 202(g), except that in  applying the
    standards set forth in Table G for  purposes of determining
    compliance with this subsection, the applicable useful  life shall
    be (i) 5 years or 50,000 miles (or the equivalent)  whichever first
    occurs in  the case of standards applicable for purposes of certi-
    fication at 50,000 miles;  and  (ii)  10 years or 100,000 miles (or
    the equivalent), whichever first occurs in the case of standards
    applicable for purposes of certification at 100,000 miles, except
    that no testing shall be done beyond 7 years or 75,000  miles, or
    the equivalent whichever first occurs.

 LDTs  UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLE SCHEDULE
        FOR IMPLEMENTATION OF FINAL IN-USE STANDARDS
                      Model year                          Percent

1996	     40
1997	     80
1998	     100


      (B) After the model year 1997, for purposes of applying this
    subsection, in the case of the percentage specified  in the imple-
    mentation schedule below of each manufacturer's sales volume
    of light-duty trucks of more than 6,000 Ibs. gross vehicle weight

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 Sec. 207	CLEAN AIR ACT	242

    rating (GVWR), the standards for NMHC, CO, and NOX shall
    be as provided in Table H in section 202(h), except that in ap-
    plying the standards set forth in Table H for purposes of deter-
    mining compliance with this subsection, the applicable useful
    life  shall  be  (i)  5 years or 50,000 miles  (or the equivalent)
    whichever first occurs in the case of standards applicable for
    purposes  of certification at  50,000 miles; and (ii)  11  years or
    120,000 miles (or the equivalent), whichever first occurs in the
    case of standards applicable for purposes of certification at
    120,000 miles, except  that no testing shall be done beyond 7
    years or 90,000 miles (or the equivalent) whichever first occurs.

 LDTs OF MORE THAN 6,000 LBS. GVWR IMPLEMENTATION SCHEDULE
         FOR IMPLEMENTATION OF FINAL IN-USE STANDARDS
                       Mode) year                         Percent
1998	     50
1999	     100

      (6) DIESEL VEHICLES; IN-USE USEFUL LIFE AND TESTING.—(A) In
    the case  of  diesel-fueled  light-duty trucks  up to 6,000  Ibs.
    GVWR and light-duty vehicles, the useful life for purposes of
    determining  in-use compliance with the standards under sec-
    tion 202(g) for NO, shall  be  a period of 10 years or 100,000
    miles (or the equivalent), whichever first occurs, in the case of
    standards applicable for purposes of certification at 100,000
    miles, except that testing shall not be done for a period beyond
    7 years or  75,000 miles (or  the equivalent) whichever  first
    occurs.
      (B)  In the case of diesel-fueled light-duty trucks  of 6,000 Ibs.
    GVWR or more, the useful life for purposes of determining in-
    use compliance with  the  standards under  section 202(h) for
    NO, shall be a period  of 11 years or 120,000  miles (or the
    equivalent), whichever first occurs, in the case of standards ap-
    plicable for purposes of certification at 120,000 miles,  except
    that testing shall  not be done for a period beyond 7  years or
    90,000 miles (or the equivalent) whichever first occurs.
  (d) Any cost obligation of any dealer incurred as a result of any
requirement imposed by subsection (a), (b),  or (c) shall  be borne by
the manufacturer. The transfer of any such cost obligation from a
manufacturer to  any dealer  through franchise or other agreement
is prohibited.
  (e) If a manufacturer includes in any advertisement  a statement
respecting the cost or  value of emission control devices or systems,
such manufacturer shall set forth in such statement the cost or
value attributed  to such devices  or systems by the Secretary of
Labor (through the Bureau  of Labor Statistics).  The Secretary of
Labor, and  his representatives, shall have the same access for this
purpose to the books, documents, papers, and records of a manufac-
turer as the Comptroller General  has to those of a recipient of as-
sistance for purposes of section 311.

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243	CLEAN  AIR ACT	Sec. 207

  (f) Any inspection of a motor vehicle or a motor vehicle engine
for purposes of subsection (cXD,  after its sale to the ultimate pur-
chaser, shall be made only if the owner  of such vehicle or engine
voluntarily  permits such inspection to be made, except as may be
provided by any State or local inspection program.
  (g) For the purposes of this section, the owner of any motor vehi-
cle or motor vehicle engine warranted under this section is respon-
sible in the proper maintenance of such vehicle or engine to re-
place and to maintain, at his expense at any service establishment
or facility of his choosing, such  items  as spark plugs, points, con-
densers,  and any other part, item, or device related to emission
control {but not designed for emission control under the terms of
the last sentence of section 207(aX3)))1, unless such part, item, or
device is covered by any warranty not mandated by this Act.
  (hXD Upon the sale of each new light-duty motor vehicle by a
dealer, the dealer shall furnish to the  purchaser a  certificate that
such motor vehicle conforms to the applicable  regulations under
section 202, including notice of the purchaser's rights under para-
graph (2).
  (2) If at any time during the period  for which the warranty ap-
plies under subsection (b), a motor vehicle fails to  conform to the
applicable regulations under section 202 as determined under sub-
section (b) of this section such nonconformity shall be remedied by
the manufacturer at the cost of the manufacturer pursuant to such
warranty as provided in section 207(bX2) (without regard  to sub-
paragraph (C) thereof).
  (3) Nothing in section 209(a)  shall  be construed to prohibit a
State from testing, or requiring testing of, a motor vehicle after the
date of sale of such vehicle to the ultimate purchaser (except that
no  new motor vehicle manufacturer  or dealer may be required to
conduct testing under this paragraph).
  (i) 2 WARRANTY PERIOD.—
      (1) IN GENERAL.—For purposes of subsection (aXD and  subsec-
    tion  (b), the warranty period, effective with respect to new
    light-duty trucks and new  light-duty  vehicles  and engines,
    manufactured in the model year 1995 and thereafter, shall be
    the first 2 years or 24,000 miles of use  (whichever first occurs),
    except as provided in paragraph (2). For purposes of subsection
    (aXD and subsection (b), for other vehicles and engines the war-
    ranty period shall be the period established by the Administra-
    tor by regulation (promulgated prior to the enactment of the
    Clean Air Act Amendments of 1990) for such purposes unless
    the Administrator subsequently modifies such regulation.
      (2) SPECIFIED MAJOR EMISSION CONTROL COMPONENTS.—In the
    case of  a specified major emission control component, the war-
    ranty period for new light-duty trucks and new  light-duty vehi-
    cles  and engines  manufactured  in the model  year  1995  and
    thereafter for purposes of subsection (aXD and subsection (b)
    shall  be 8 years or 80,000 miles of use  (whichever first occurs).
    As used in this paragraph, the term 'specified  major emission
  1 So in law. The extra parentretical was added by P.L. 101-549, sec. 230(9). 104 Stat. 2529.
  1 Pursuant to P.L. 101-549, sec. 209(3), 104 Stat. 2484, subsection (i) is effective beginning with
cars manufactured in the 1995 model year.

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 Sec. 208	CLEAN AIR ACT	244

    control component' means only a catalytic converter, an elec-
    tronic emissions  control unit, and an onboard emissions diag-
    nostic device, except that the Administrator may designate any
    other  pollution control device or component as  a specified
    major emission control component if—
           (A) the device or component was not in general use on
        vehicles and engines manufactured prior to the model year
        1990; and
           (B) the Administrator determines that the retail cost (ex-
        clusive  of installation  costs) of such device or component
        exceeds $200 (in 1989 dollars), adjusted for inflation or de-
        flation as calculated by the Administrator at the time of
        such determination.
    For purposes of this paragraph, the  term  "onboard emissions
    diagnostic device" means any device  installed for the purpose
    of storing or processing emissions related  diagnostic informa-
    tion, but  not including any  parts or other systems which it
    monitors except specified major emissions control components.
    Nothing in this Act shall be construed to provide that any part
    (other  than  a part referred to in the  preceding sentence) shall
    be required  to be warranted under this Act for the period of 8
    years or 80,000 miles referred to in this paragraph.
      (3) INSTRUCTIONS.—Subparagraph (A) of subsection (b)(2) shall
    apply only where the Administrator has made a determination
    that the instructions concerned conform to  the requirements of
    subsection (cX3).
[42 U.S.C. 7541J
SEC. 208. INFORMATION COLLECTION.
  (a)  MANUFACTURER'S RESPONSIBILITY.—Every manufacturer  of
new motor vehicles or new motor vehicle engines, and every manu-
facturer of new  motor vehicle or engine parts or components, and
other persons subject to the requirements of this part or part  C,
shall  establish and  maintain  records, perform tests  where  such
testing is  not otherwise reasonably available under this part and
part C (including fees for testing), make reports and provide infor-
mation  the Administrator may reasonably require to determine
whether the manufacturer or other person has acted or is acting in
compliance with this  part and  part C and regulations thereunder,
or to otherwise carry out the provision of  this part and part C, and
shall, upon request of an officer or employee  duly designated by
the Administrator, permit  such officer or employee at reasonable
times to have  access to and copy such records.
  (b) ENFORCEMENT AUTHORITY.—For the purposes of enforcement
of this section, officers or employees duly designated by the Admin-
istrator upon presenting appropriate credentials are authorized—
      (1) to enter, at reasonable times, any establishment of the
    manufacturer, or of any person whom the manufacturer en-
    gages to perform any  activity required by subsection (a), for
    the purposes of inspecting  or observing any activity conducted
    pursuant to  subsection  (a), and
      (2) to inspect records, files, papers, processes, controls, and
    facilities used in performing any activity required by subsec-

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245	CLEAN AIR ACT	Sec. 209

    tion (a),  by such manufacturer or by any person  whom  the
    manufacturer engages to perform any such activity.
  (c) AVAILABILITY TO THE PUBLIC; TRADE SECRETS.—Any records,
reports, or information obtained under this part or part C shall be
available to the public, except that upon a showing satisfactory to
the Administrator by any person that records, reports, or informa-
tion, or a particular portion thereof (other than emission data), to
which the Administrator has access  under this  section,  if made
public, would divulge methods or processes entitled to protection as
trade secrets of that person, the Administrator shall  consider  the
record,  report,  or information or  particular portion thereof confi-
dential  in accordance with the purposes of section 1905 of title 18
of the United  States Code. Any authorized representative of  the
Administrator  shall  be considered an  employee of the  United
States for purposes of section 1905 of  title 18 of the United States
Code, Nothing  in this section shall prohibit the Administrator or
authorized representative of the  Administrator from  disclosing
records, reports or information to other officers, employees or  au-
thorized representatives of the United  States concerned with carry-
ing out this Act or when relevant in any proceeding under this Act.
Nothing in this section shall  authorize the withholding of informa-
tion by the Administrator or any officer or employee under the Ad-
ministrator's control from the duly authorized committees of  the
Congress.
[42 U.S.C. 7542]

                        STATE STANDARDS

  SEC. 209. (a)  No State or any political subdivision thereof  shall
adopt or attempt to enforce any standard relating to the control of
emissions from  new motor vehicles or new motor vehicle engines
subject to this part. No State shall require certification,  inspection,
or any other  approval relating to the control of emissions from any
new motor vehicle or new motor vehicle engine as condition prece-
dent to the initial retail sale, titling (if any), or registration of such
motor vehicle, motor vehicle engine, or equipment.
  (bXD  The Administrator shall, after notice and opportunity  for
public hearing, waive application of this section to any State which
has adopted  standards (other than crankcase  emission  standards)
for the control  of emissions from new  motor vehicles or  new motor
vehicle  engines prior to March 30, 1966,  if the State determines
that the State standards will  be, in the aggregate, at  least as pro-
tective of public health  and welfare as applicable Federal stand-
ards.  No such  waiver shall be granted if  the  Administrator  finds
that—
      (A) the determination of the State  is  arbitrary  and capri-
    cious,
      (B) such  State does not need such State standards to  meet
    compelling and extraordinary  conditions, or
      (C) such State standards and accompanying  enforcement pro-
    cedures are not consistent with section 202(a) of this  part.
  (2) If each State standard is at least  as stringent as the compara-
ble applicable  Federal  standard,  such State standard shall  be

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Sec. 209	CLEAN AIR ACT	246

deemed to be at least as protective of health and welfare as such
Federal standards for purposes of paragraph (1).
  (3) in the case of any new motor vehicle or new motor vehicle
engine to which State standards apply pursuant to a waiver grant-
ed under paragraph (1), compliance with such State standards shall
be treated as compliance with applicable Federal standards for pur-
poses of this title.
  (c) Whenever a regulation with respect to any motor vehicle part
or motor vehicle engine part is in effect under section 207(aX2), no
State or political subdivision thereof shall adopt or attempt  to en-
force any standard or any requirement of certification, inspection,
or approval which relates to motor vehicle emissions and is  appli-
cable to the same aspect of such part. The preceding sentence shall
not apply in the case of a State with respect to which a waiver is in
effect under subsection (b).
  (d) Nothing in this part shall preclude or deny to any State or
political subdivision thereof the  right otherwise to control, regu-
late, or restrict the use, operation, or movement of registered or li-
censed motor vehicles.
  (e) NONROAD ENGINES OR VEHICLES.—
     (1) PROHIBITION  ON CERTAIN STATE STANDARDS.—No State or
    any political subdivision thereof shall  adopt or attempt  to en-
    force any standard or other requirement relating to the control
    of emissions from  either of the following new  nonroad engines
    or  nonroad vehicles subject to regulation under this Act—
          (A) New engines which are used in construction equip-
        ment or vehicles or used in farm equipment  or vehicles
        and which are smaller than 175 horsepower.
          (B) New locomotives or new engines used in locomotives.
    Subsection (b) shall not apply for  purposes of this  paragraph.
     (2) OTHER NONROAD ENGINES OR VEHICLES.—(A) In the case of
    any nonroad vehicles or engines other than those referred to in
    subparagraph (A) or (B) of paragraph (1), the  Administrator
    shall, after notice and opportunity  for public  hearing, author-
    ize California to adopt and  enforce standards  and other re-
    quirements relating to the control of emissions from such vehi-
    cles or engines if California determines that California stand-
    ards will be, in  the aggregate, at least as  protective of public
    health and welfare as applicable Federal standards. No such
    authorization  shall be  granted if the Administrator  finds
    that—
          (i) the determination of California is arbitrary and  capri-
        cious,
          (ii) California does not need such California standards to
        meet compelling and extraordinary conditions, or
          (iii) California standards and accompanying enforcement
        procedures are not consistent with this section.
     (B)  Any State other than California which has  plan  provi-
    sions  approved under part D of title I may adopt and enforce,
    after notice to the Administrator, for any period, standards re-
    lating to control of emissions from nonroad vehicles or engines
    (other than those referred  to in subparagraph (A) or  (B) of
    paragraph (D) and take such other actions as are referred to in

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247	CLEAN AIR ACT	Sec. 211

    subparagraph (A) of this paragraph respecting such vehicles or
    engines if—
          (i) such standards and implementation and enforcement
        are identical, for the period concerned,  to the California
        standards authorized by the Administrator under subpara-
        graph (A), and
          (ii) California and such  State adopt such standards  at
        least 2 years before commencement of the period for which
        the standards take effect.
    The Administrator  shal! issue regulations to implement this
    subsection.
[42 U.S.C. 7543]

                         STATE GRANTS

  SEC. 210. The Administrator is authorized to make grants to ap-
propriate State agencies in an amount up to two-thirds of the cost
of developing and maintaining  effective vehicle emission devices
and systems inspection and  emission testing and control programs,
except that—
      (1) no such grant shall be made for any part of any State ve-
    hicle inspection  program which does not directly relate to the
    cost of the air pollution  control aspects of such a program;
      (2) no such grant shall be  made  unless  the Secretary  of
    Transportation  has certified to the Administrator that such
    program is consistent with any highway safety program devel-
    oped pursuant to section 402 of title 23 of the United States
    Code; and
      (3) no such grant  shall be  made unless the program includes
    provisions designed  to insure that emission control devices and
    systems on vehicles in actual use have not been discontinued
    or rendered inoperative. Grants may be made under this sec-
    tion by way of reimbursement in  any case in which amounts
    have been expended by  the State before the date on which any
    such grant was made.
[42 U.S.C. 7544]

                     REGULATION OF FUELS

  SEC. 211. (a) The Administrator may by regulation designate any
fuel or fuel additive (including any fuel or fuel additive used exclu-
sively in nonroad engines or nonroad vehicles) and, after such date
or dates as may be  prescribed by him, no manufacturer or proces-
sor of any such fuel or additive may sell, offer for sale, or introduce
into commerce such fuel or additive unless the Administrator has
registered such fuel or additive in accordance with subsection (b) of
this section.
  (bXD For  the purpose of registration of fuels and fuel additives,
the Administrator shall  require—
      (A) the manufacturer  of any fuel to notify him as to the com-
    mercial identifying name and manufacturer of any additive
    contained in such fuel; the range of concentration of any addi-
    tive in the fuel; and the purpose-in-use  of any such additive;
    and

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 Sec. 211
CLEAN AIR ACT
248
       (B) the manufacturer of any additive to notify him as to the
    chemical composition of such additive.
  (2) For the purpose of registration of fuels and fuel additives, the
 Administrator may also require the manufacturer of any fuel or
 fuel additive—
       (A) to conduct tests to determine  potential public health ef-
    fects of such fuel or additive (including, but not limited to, car-
    cinogenic, teratogenic, or mutagenic  effects), and
       (B) to furnish the description of any  analytical technique
    that can  be used to detect and measure  any additive in such
    fuel, the recommended range of concentration of such additive,
    and the  recommended purpose-in-use of such  additive,  and
    such other information as is reasonable and necessary to deter-
    mine the emissions resulting from the use of the fuel or addi-
    tive contained  in such fuel, the effect of  such fuel or additive
    on the  emission control performance of any vehicle,  vehicle
    engine,  nonroad engine or nonroad vehicle,  or the  extent to
    which such emissions affect the public health or welfare.
Tests  under subparagraph (A) shall be conducted in conformity
with test procedures and protocols established by the Administra-
tor. The results of such tests  shall not be considered confidential.
  (3) Upon  compliance with the provisions of this subsection, in-
cluding assurances that the Administrator will receive changes in
the information  required, the  Administrator shall register such
fuel or fuel additive.
  (cXD The  Administrator may, from time to time on the basis of
information obtained under subsection (b) of  this section or other
information available to him, by regulation, control or prohibit the
manufacture,  introduction into commerce, offering for sale, or sale
of any fuel or fuel  additive for use in a  motor vehicle, motor vehi-
cle engine, or nonroad engine or nonroad vehicle (A) if in the judg-
ment  of the Administrator any emission  product of such  fuel or
fuel additive causes, or contributes, to air pollution which may rea-
sonably be anticipated to endanger the public health or welfare, or
(B)  if emission products of such fuel or fuel additive will  impair to
a significant degree the performance of any emission control device
or system which is in general use, or  which  the Administrator
finds has been developed  to a point where in a reasonable time it
would  be in general use were  such regulation to be promulgated.
  (2XA) No fuel, class of fuels, or fuel additive may be controlled or
prohibited by the  Administrator pursuant to clause (A) of para-
graph  (1) except after consideration of all relevant medical and sci-
entific evidence available to him,  including consideration of other
technologically or economically feasible  means  of achieving emis-
sion standards under section 202.
  (B) No fuel or fuel additive  may be controlled or prohibited by
the Administrator  pursuant to clause (B) of  paragraph (1) except
after consideration of available scientific and economic data, in-
cluding a cost benefit analysis comparing emission control devices
or systems which are or will be in general use and require the pro-
posed  control or prohibition with emission control  devices or sys-
tems which are or will be in general use and do not require the
proposed control or prohibition. On request of a manufacturer of

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249	CLEAN  AIR ACT	Sec. 211

motor vehicles, motor vehicle engines, fuels, or fuel additives sub-
mitted within 10  days of notice of proposed rulemaking, the Ad-
ministrator shall  hold a  public hearing and publish findings with
respect to any matter he is required to consider under this sub-
paragraph. Such findings shall be published at the time of promul-
gation of final regulations.
  (C) No fuel or fuel additive may be prohibited by the Administra-
tor under paragraph (1) unless he finds, and publishes such finding,
that in his judgment such prohibition  will not cause the use of any
other fuel or fuel  additive which will produce emissions which will
endanger the public  health or  welfare to the  same  or  greater
degree than the use of the fuel or fuel additive proposed to be pro-
hibited.
  (3XA) For the purpose of obtaining evidence and  data to carry
out paragraph (2), the Administrator may require the manufactur-
er of any motor vehicle or motor vehicle engine to furnish  any in-
formation which has been developed concerning the emissions from
motor vehicles resulting from the use of any fuel or fuel additive,
or the effect of such use  on the  performance of any emission con-
trol device or system.
  (B) In obtaining information under subparagraph (A), section 307
(a) (relating to subpenas) shall be applicable.
  (4XA) Except as  otherwise provided in subparagraph (B) or (C), no
State (or political  subdivision thereof)  may prescribe or  attempt to
enforce,  for the purposes of motor vehicle  emission control, any
control or  prohibition respecting any  characteristic  or component
of a  fuel or fuel additive in  a motor vehicle or motor  vehicle
engine—
      (i) if the Administrator has found that no control  or prohibi-
    tion of the characteristic or  component of a fuel or fuel  addi-
    tive  under paragraph (1) is  necessary and has  published his
    finding in the Federal Register, or
      (ii) if the Administrator has prescribed under paragraph (1) a
    control or prohibition applicable to such characteristic or com-
    ponent of a fuel  or fuel additive, unless State prohibition or
    control is identical to the prohibition or control prescribed by
    the Administrator.
  (B) Any State for which application of section 209(a) has at any
time been  waived under  section  209(b) may  at any time prescribe
and  enforce,  for the purpose of  motor vehicle emission control, a
control or prohibition respecting any fuel or fuel additive.
  (C) A State may prescribe and  enforce, for purposes of motor ve-
hicle emission control, a control or prohibition respecting the use of
a fuel or fuel additive  in a motor vehicle or motor vehicle engine if
an applicable implementation plan for such State under section 110
so provides. The Administrator may approve such provision in an
implementation  plan,  or  promulgate an implementation plan con-
taining such a provision,  only if  he finds that the State control or
prohibition is necessary to achieve the national primary or  second-
ary ambient air quality standard which the  plan  implements. The
Administrator may find that a State control or prohibition is neces-
sary to achieve that  standard  if no  other  measures  that would
bring about timely attainment exist, or if other measures exist and

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 Sec. 211	CLEAN AIR ACT	250

 are technically possible to implement, but are unreasonable or im-
 practicable. The Administrator  may make  a finding  of necessity
 under this subparagraph even if the plan for the area does not con-
 tain an approved demonstration of timely attainment.
  (d) PENALTIES AND INJUNCTIONS.—
       (1) CIVIL PENALTIES.—Any  person who violates subsection (a),
    (f), (g), (k), (J), (m),  or (n) of this section  or the regulations pre-
    scribed under subsection (c), (h), (i), (k), (1), (m), or (n) of this
    section or who fails to furnish any information or  conduct any
    tests required by the Administrator under subsection (b) of this
    section shall be liable to the  United States for a civil penalty of
    not more than the sum of $25,000  for every day of such viola-
    tion and the amount of economic benefit or savings resulting
    from the  violation. Any violation with respect to a regulation
    prescribed under subsection (c), (k), (1), or (m) of this section
    which establishes a regulatory standard  based  upon a multiday
    averaging period shall constitute a separate day of violation for
    each and every day  in the averaging  period. Civil penalties
    shall be assessed in accordance with subsections (b) and (c) of
    section 205.
      (2) INJUNCTIVE AUTHORITY.—The district courts of the United
    States  shall have jurisdiction to restrain violations of subsec-
    tions (a), (f), (g), (k), (1), (m),  and (n) of this section and of the
    regulations prescribed under subsections (c), (h), (i), (k), (1), (m),
    and (n) of this section,  to award  other appropriate relief, and to
    compel the furnishing of information and the  conduct of tests
    required by the Administrator under subsection (b) of this sec-
    tion. Actions to restrain  such violations and  compel  such ac-
    tions shall be brought by and in the name of the United States.
    In any such action, subpoenas for  witnesses who are  required
    to attend a district court in any  district may run into any
    other district.
  (eXD Not later than one year after the date of enactment of this
subsection  and after notice and  opportunity for a public hearing,
the Administrator shall promulgate regulations which implement
the authority under subsection  (bX2) (A) and (B)  with respect to
each fuel or fuel additive which is registered on the date of promul-
gation of such regulations and with  respect to each fuel or fuel ad-
ditive  for which an application for  registration is  filed thereafter.
  (2) Regulations under subsection (b) to carry out this subsection
shall require that  the requisite information  be provided to the Ad-
ministrator by each such manufacturer—
      (A) prior to  registration, in the case of any fuel or fuel addi-
    tive which is  not  registered on the date of  promulgation of
    such regulations; or
      (B) not later than three years after the date  of promulgation
    of such regulations, in the  case of any fuel  or fuel additive
    which is registered on such date.
  (3) In promulgating such regulations, the Administrator may—
      (A) exempt  any  small business (as defined  in such regula-
    tions) from or defer or modify the requirements of, such regu-
    lations with respect to any such  small business;

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251	CLEAN AIR ACT	See. 211

     "(B) provide for cost-sharing with respect to the testing of any
    fuel or  fuel additive which is manufactured or processed by
    two or more persons or otherwise provide for shared responsi-
    bility to meet the requirements of this section without duplica-
    tion; or
      (C) exempt any person from such regulations with respect to
    a particular fuel or fuel additive upon a finding that any addi-
    tional testing of such fuel or fuel additive would be duplicative
    of adequate existing testing.
  (fXlXA) Effective upon March 31, 1977,  it shall be unlawful  for
any manufacturer of any fuel or fuel additive to first introduce into
commerce,  or to increase the concentration in use of, any fuel or
fuel additive for general use in light duty motor vehicles manufac-
tured after  model year 1974 which  is not substantially similar to
any fuel or  fuel additive utilized in the certification of any model
year 1975, or subsequent model year, vehicle or engine  under sec-
tion 206.
  (B) Effective upon the date of the enactment of the Clean Air Act
Amendments of 1990, it shall be unlawful for any manufacturer of
any fuel or  fuel additive to first introduce  into commerce, or to in-
crease the concentration in use of, any fuel or fuel additive for use
by any  person in motor vehicles  manufactured after model year
1974 which  is not substantially similar to any fuel or fuel additive
utilized in the certification of any model year  1975, or subsequent
model year, vehicle or engine under section 206.
  (2) Effective  November 30, 1977, it  shall be  unlawful  for any
manufacturer of any fuel to introduce into commerce any gasoline
which contains a  concentration of  manganese in excess  of  .0625
grams per gallon of fuel, except as otherwise provided pursuant to
a waiver under paragraph (4).
  (3) Any manufacturer  of any fuel or fuel additive which prior to
March 31,  1977, and after January 1, 1974, first introduced into
commerce or increased the concentration  in use of a fuel or fuel
additive that would otherwise have been  prohibited  under  para-
graph (1XA) if introduced on or after March 31, 1977 shall, not
later than September 15, 1978, cease to distribute such fuel or fuel
additive in commerce. During the period beginning 180 days after
the date of the enactment of this subsection and before September
15, 1978, the Administrator shall  prohibit, or  restrict the concen-
tration of any fuel additive which he determines will cause or con-
tribute to the failure of an emission control device or system (over
the useful  life of any vehicle  in  which such device or system is
used) to achieve compliance by the vehicle with the emission stand-
ards with respect to which it has been certified under section 206.
  (4) The Administrator, upon application of any manufacturer of
any fuel or fuel additive, may waive the  prohibitions established
under paragraph (1) or (3) of this subsection or the limitation speci-
fied in paragraph  (2) of this subsection, if  he determines  that  the
applicant has established that such fuel or  fuel  additive or a speci-
fied concentration thereof, and the emission products of such fuel
or additive or specified concentration thereof, will not cause or con-
tribute to a failure of any emission control device or system (over
the useful  life of any vehicle  in  which such device or system is

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 Sec. 211
CLEAN AIR ACT
252
 used) to achieve compliance by the vehicle with the emission stand-
 ards with respect to which it has been certified pursuant to section
 206. If the Administrator has not acted to grant or deny an applica-
 tion under this paragraph within one hundred and eighty days of
 receipt of such application, the waiver  authorized by this para-
 graph shall be treated as granted.
  (5)  No action of the Administrator under  this section may  be
 stayed by any court pending judicial review of such action.
  (g) MISFUELING.—(1) No person shall introduce, or cause or allow
 the introduction of, leaded gasoline  into any motor vehicle which is
 labeled "unleaded .gasoline  only," which  is equipped with a gaso-
 line tank filler  inlet designed for the introduction of unleaded gaso-
 line, which is a 1990 or later model year motor vehicle,  or which
such person knows or should know is a vehicle designed solely for
the use of unleaded gasoline.
  (2) Beginning October 1, 1993, no  person shall  introduce or cause
or allow the introduction  into any motor vehicle of diesel fuel
which such person knows or should know contains a concentration
of sulfur in excess of 0.05 percent (by weight) or which fails to meet
a cetane index  minimum of 40 or such equivalent alternative aro-
matic level as  prescribed by the Administrator  under subsection
(1X2).
  (h) REID VAPOR PRESSURE REQUIREMENTS.—
      (1) PROHIBITION.—Not later than  6  months after the date of
    the enactment of the  Clean Air Act Amendments of  1990, the
    Administrator shall promulgate regulations making it unlaw-
    ful  for any person during the high ozone season (as defined  by
    the Administrator) to sell, offer for sale, dispense, supply, offer
    for  supply,  transport, or introduce into commerce gasoline with
    a Reid Vapor Pressure in excess of 9.0 pounds per square inch
    (psi). Such regulations shall also establish more  stringent Reid
    Vapor Pressure standards in a  nonattainment area as the Ad-
    ministrator  finds necessary to generally  achieve comparable
    evaporative emissions (on a per-vehicle basis) in nonattainment
    areas, taking  into consideration  the enforceability  of such
    standards, the need of  an area for emission control,  and eco-
    nomic factors.
      (2) ATTAINMENT AREAS.—The regulations under this subsec-
    tion shall not make it unlawful for any person to sell, offer for
    supply, transport, or introduce  into commerce gasoline with a
    Reid Vapor Pressure of 9.0 pounds  per  square inch (psi)  or
    lower in  any area designated under section  107 as an attain-
    ment  area. Notwithstanding the  preceding  sentence, the Ad-
    ministrator may  impose a  Reid  vapor pressure requirement
    lower than 9.0 pounds  per square inch (psi) in any area, for-
    merly an ozone  nonattainment area, which has been redesig-
    nated as an attainment  area.
      (3) EFFECTIVE  DATE;  ENFORCEMENT.—The  regulations under
    this subsection shall provide that the  requirements of this sub-
    section shall take effect not  later than  the  high ozone season
    for  1992, and shall include such provisions as the Administra-
    tor determines are necessary to implement and enforce the re-
    quirements of this subsection.

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253	CLEAN AIR ACT	Sec. 211

      (4) ETHANOL WAIVER.—For  fuel blends containing gasoline
    and 10 percent denatured anhydrous ethanol,  the Reid  vapor
    pressure  limitation under this subsection shall be  one pound
    per square inch (psi) greater  than the applicable Reid  vapor
    pressure  limitations established under paragraph (1); Provided,
    however.  That a distributor, blender, marketer, reseller,  carri-
    er, retailer, or wholesale purchaser-consumer shall  be deemed
    to be in full compliance with  the provisions of this subsection
    and the regulations  promulgated thereunder if it can demon-
    strate (by showing receipt of a certification or other evidence
    acceptable to the Administrator) that—
          (A) the  gasoline portion of the blend complies with the
        Reid vapor pressure limitations promulgated pursuant  to
        this subsection;
          (B) the ethanol portion  of the blend does not exceed its
        waiver condition under subsection (fK4); and
          (C)  no  additional  alcohol  or other additive  has been
        added to increase the Reid Vapor Pressure of the ethanol
        portion of the blend.
      (5) AREAS COVERED.—The provisions of this subsection shall
    apply only to  the 48 contiguous States and the District of Co-
    lumbia.
  (i) SULFUR  CONTENT  REQUIREMENTS FOR DIESEL FUEL.-—(1)  Effec-
tive October  1, 1993,  no person shall  manufacture, sell, supply,
offer for sale or supply, dispense, transport, or introduce into com-
merce motor  vehicle diesel fuel which contains a concentration  of
sulfur in excess of 0.05 percent (by weight) or which fails to meet a
cetane index minimum of 40.
  (2) Not later  than 12 months after the date of the enactment of
the Clean Air  Act Amendments of 1990, the Administrator shall
promulgate regulations to implement and enforce the requirements
of paragraph (1).  The  Administrator may require  manufacturers
and importers of diesel fuel not intended for use in motor vehicles
to dye such fuel in a  particular manner in order  to segregate it
from motor vehicle diesel fuel. The Administrator may establish an
equivalent alternative aromatic level to the cetane  index specifica-
tion in paragraph (1).
  (3) The sulfur content of fuel required to be used  in the certifica-
tion of  1991  through 1993 model  year heavy-duty diesel vehicles
and engines shall  be 0.10 percent (by weight). The sulfur content
and cetane index minimum of fuel required  to be used in the certi-
fication of 1994 and later model year heavy-duty diesel vehicles and
engines shall comply with the regulations promulgated under para-
graph (2).
  (4) The States of Alaska and  Hawaii may be exempted from the
requirements of this subsection in  the same manner as provided in
section 324. The Administrator shall take final action on any peti-
tion filed  under section  324 or this  paragraph for an  exemption
from  the requirements of this subsection, within 12 months from
the date of the  petition.
  (j) LEAD SUBSTITUTE  GASOLINE ADDITIVES.—(11 After the date of
the enactment of the Clean Air  Act Amendments of  1990, any
person proposing to register any gasoline additive under subsection

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 Sec. 211
CLEAN AIR ACT
254
 (a) or to use any previously registered additive as a lead substitute
 may also elect to register the additive as a lead substitute gasoline
 additive for reducing valve seat wear by providing the Administra-
 tor with such relevant information regarding product identity and
 composition as the Administrator deems necessary for carrying out
 the responsibilities of paragraph  (2) of this subsection (in addition
 to other information  which may be required under subsection (b)).
  (2) In addition to the other testing which may be required under
 subsection  (b), in the case of the  lead substitute gasoline additives
 referred to in paragraph (1), the Administrator shall develop and
 publish a test procedure to determine the additives' effectiveness in
 reducing valve seat wear and the additives' tendencies to produce
 engine deposits and other adverse side effects. The test procedures
 shall be developed in  cooperation  with the Secretary of Agriculture
 and with the input of additive manufacturers, engine and engine
 components manufacturers, and other interested persons. The Ad-
 ministrator shall enter  into arrangements with  an independent
 laboratory  to conduct tests of each  additive using the test proce-
 dures developed and published pursuant to this paragraph. The Ad-
 ministrator shall publish the results of the tests by company and
 additive name in the Federal Register along with, for comparison
 purposes, the results of applying the same  test procedures to gaso-
 line containing 0.1 gram of lead per gallon in lieu of the lead sub-
 stitute gasoline additive. The Administrator shall not rank or oth-
 erwise rate the lead substitute additives. Test procedures shall be
 established within 1 year after the  date of the enactment of the
 Clean  Air  Act Amendments  of  1990.  Additives  shall be tested
 within 18 months of the date of the enactment of the Clean Air Act
Amendments of 1990 or 6 months after the lead substitute addi-
 tives are identified to the Administrator, whichever is later.
  (3) The Administrator may impose a user fee to recover the costs
of testing of any  fuel additive referred to in this subsection. The fee
shall be paid by the person proposing to register the fuel additive
concerned.  Such  fee shall not exceed $20,000 for a single fuel addi-
 tive.
  (4) There are authorized to be appropriated to the Administrator
 not more than $1,000,000 for the second full fiscal year after the
date of the enactment of the Clean Air Act Amendments of 1990 to
establish test procedures  and  conduct engine tests as provided in
this subsection. Not more than $500,000 per year is authorized to
be appropriated for each of the o subsequent fiscal years.
  (5) Any fees collected under this subsection shall be deposited in
a special fund in the United  States Treasury  for  licensing and
other services which thereafter shall be available for appropriation,
to remain  available until expended, to carry out the Agency's ac-
tivities for  which the fees were collected.
  (k) REFORMULATED GASOLINE FOR CONVENTIONAL VEHICLES.—
      (1)  EPA REGULATIONS.—Within 1 year after the enactment
    of the  Clean Air  Act Amendments of 1990, the Administrator
    shall promulgate  regulations under this section establishing re-
    quirements for reformulated  gasoline  to be used in gasoline-
    fueled  vehicles in specified nonattainment areas.  Such regula-
    tions shall require the greatest reduction in emissions of ozone

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255	CLEAN AIR ACT	Sec. 211

    forming volatile organic compounds  (during  the  high ozone
    season) and emissions of toxic air pollutants (during the entire
    year)  achievable through the reformulation  of conventional
    gasoline, taking into consideration the cost of achieving such
    emission reductions, any nonair-quality and other air-quality
    related health and environmental impacts and energy require-
    ments.
      (2) GENERAL REQUIREMENTS.—The regulations referred to in
    paragraph (1) shall require that reformulated gasoline comply
    with paragraph (3) and with  each of the following  require-
    ments (subject to paragraph (7)):
          (A)  NO, EMISSIONS.—The emissions of oxides of nitrogen
        (NOX) from baseline vehicles when using the reformulated
        gasoline shall  be  no greater than the level of such emis-
        sions from such vehicles when using baseline gasoline. If
        the  Administrator determines that compliance with the
        limitation on  emissions of oxides of  nitrogen under the
        preceding  sentence is  technically infeasible, considering
        the  other requirements applicable under this subsection to
        such gasoline,  the Administrator may, as appropriate to
        ensure compliance with  this subparagraph,  adjust (or
        waive entirely), any other  requirements of this paragraph
        (including the oxygen  content requirement contained in
        subparagraph  (B))  or any  requirements applicable under
        paragraph (3XA).
          (B) OXYGEN  CONTENT.—The oxygen content of the gaso-
        line shall equal or exceed 2.0 percent by weight (subject to
        a testing tolerance established  by  the  Administrator)
        except as otherwise required by this Act. The Administra-
        tor may waive, in whole or in part, the application of this
        subparagraph  for any ozone nonattainment area upon a
        determination  by  the Administrator that compliance with
        such requirement would prevent or  interfere with the at-
        tainment by the area of a national primary  ambient air
        quality standard.
          (C) BENZENE  CONTENT.—The benzene content of the gaso-
        line shall not exceed  1.0 percent by volume.
          (D) HEAVY METALS.—The gasoline shall  have no heavy
        metals, including lead  or  manganese. The Administrator
        may waive the prohibition contained in this subparagraph
        for a heavy metal (other than lead) if the Administrator
        determines that addition of the heavy metal  to the gaso-
        line will not increase, on an aggregate mass or cancer-risk
        basis, toxic air  pollutant emissions from motor vehicles.
      (3) MORE STRINGENT OF FORMULA  OR  PERFORMANCE STAND-
    ARDS.—The regulations referred  to in paragraph  (1) shall re-
    quire compliance with the more stringent of either the require-
    ments set forth in subparagraph (A) or the requirements of
    subparagraph (B) of this paragraph. For purposes of determin-
    ing  the  more stringent provision, clause (i) and clause (ii) of
    subparagraph (B) shall be considered independently.
          (A) FORMULA.—

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Sec. 211
CLEAN AIR ACT
256
              (i) BENZENE.—The benzene content of the reformu-
            lated gasoline shall not exceed 1.0 percent by volume.
              (ii) AROMATICS.—The aromatic hydrocarbon content
            of the reformulated gasoline shall not exceed 25 per-
            cent by volume.
              (iii) LEAD.—The reformulated gasoline shall have no
            lead content.
              (iv) DETERGENTS.—The  reformulated gasoline shall
            contain additives  to prevent the  accumulation of de-
            posits in engines or vehicle fuel supply systems.
              (v) OXYGEN CONTENT.—The oxygen content of the re-
            formulated gasoline shall equal or exceed 2.0 percent
            by weight (subject to a testing tolerance established by
            the Administrator) except  as otherwise  required by
            this Act.
         (B) PERFORMANCE STANDARD.—
              (i) VOC  EMISSIONS.—During the high ozone season
            (as defined by the Administrator), the aggregate emis-
            sions of ozone  forming  volatile  organic compounds
            from  baseline vehicles when using the reformulated
            gasoline shall be 15 percent below the aggregate emis-
            sions of ozone  forming  volatile  organic compounds
            from such vehicles when using baseline  gasoline. Ef-
            fective in calendar year 2000 and thereafter, 25 per-
            cent shall  be substituted for 15  percent in applying
            this clause, except that the Administrator may adjust
            such 25 percent requirement to provide for a lesser or
            greater reduction  based  on technological  feasibility,
            considering the cost of achieving such reductions in
            VOC emissions. No such adjustment shall provide for
            less than a 20 percent reduction  below the aggregate
            emissions of such  air pollutants  from such vehicles
            when using baseline gasoline. The reductions required
            under this clause shall be on a mass basis.
              (ii) Toxics.—During the entire  year, the aggregate
            emissions of toxic air pollutants from baseline vehicles
            when using the reformulated gasoline shall be 15 per-
            cent below the aggregate emissions of toxic air pollut-
            ants from such vehicles when using baseline gasoline.
            Effective in calendar year 2000 and thereafter, 25 per-
            cent shall  be substituted for 15  percent in applying
            this clause, except that the Administrator may adjust
            such 25 percent requirement to provide for a lesser or
            greater reduction  based  on technological  feasibility,
            considering the cost of achieving such reductions in
            toxic air pollutants. No such adjustment shall provide
            for less than a 20  percent reduction below the aggre-
            gate emissions of  such air pollutants from such vehi-
            cles when  using baseline  gasoline. The reductions re-
            quired under this clause shall be on a mass basis.
   Any reduction greater than a specific percentage reduction re-
   quired under this subparagraph shall be treated as satisfying
   such percentage reduction  requirement.

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257	CLEAN AIR ACT	Sec. 211

      (4) CERTIFICATION PROCEDURES.—
          (A) REGULATIONS.—The  regulations under this  subsec-
        tion  shall include procedures under which the Administra-
        tor shall certify reformulated gasoline as complying with
        the requirements established pursuant  to this subsection.
        Under such regulations, the Administrator shall establish
        procedures for any person to petition the Administrator to
        certify a  fuel formulation, or  slate of  fuel  formulations.
        Such procedures shall further require that the Administra-
        tor shall approve or deny such petition within  180 days of
        receipt. If the Administrator fails to act within such  180-
        day period, the fuel shall be deemed certified until the Ad-
        ministrator completes action on the petition.
          (B) CERTIFICATION;  EQUIVALENCY.—The  Administrator
        shall certify  a  fuel formulation or slate of  fuel formula-
        tions as complying  with  this  subsection if  such fuel or
        fuels—
              (i) comply with  the  requirements  of paragraph (2),
            and
              (ii) achieve equivalent or greater reductions in emis-
            sions  of ozone forming volatile organic compounds and
            emissions of toxic  air pollutants than are achieved by
            a reformulated  gasoline  meeting the applicable re-
            quirements of paragraph (3).
          (C) EPA DETERMINATION OF EMISSIONS LEVEL.—Within  1
        year after the  enactment of the  Clean Air Act Amend-
        ments of 1990, the Administrator shall determine the level
        of emissions of ozone forming volatile organic compounds
        and  emissions of toxic air pollutants emitted by baseline
        vehicles when operating on baseline gasoline. For purposes
        of this subsection, within 1 year after the enactment of the
        Clean Air Act Amendments  of 1990, the Administrator
        shall, by  rule, determine appropriate  measures of,  and
        methodology  for, ascertaining the  emissions  of air  pollut-
        ants  (including calculations, equipment, and  testing toler-
        ances).
      (5) PROHIBITION.—Effective beginning January  1, 1995, each
    of the following shall be a violation of this subsection:
          (A) The sale or dispensing by any person of conventional
        gasoline to ultimate consumers in any covered area.
          (B) The sale or dispensing by any refiner, blender, im-
        porter, or marketer of conventional  gasoline for resale in
        any  covered  area,  without (i) segregating such gasoline
        from reformulated gasoline, and (ii) clearly marking such
        conventional  gasoline  as  "conventional gasoline, not for
        sale to ultimate consumer in a covered area".
    Any refiner,  blender,  importer or  marketer who purchases
    property  segregated and  marked conventional  gasoline,  and
    thereafter labels,  represents, or wholesales such gasoline as re-
    formulated gasoline shall also be in violation of this subsection.
    The Administrator may impose sampling, testing, and  record-
    keeping requirements upon any refiner, blender, importer, or
    marketer to prevent violations of this section.

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Sec. 211
CLEAN AIR ACT
258
      (6) OPT-IN AREAS.—(A) Upon the application of the Governor
    of a State, the Administrator shall apply the prohibition  set
    forth in paragraph (5) in any area in the State classified under
    subpart 2 of part D of title I as a Marginal, Moderate, Serious,
    or Severe Area (without regard to whether or not the 1980 pop-
    ulation of the area exceeds 250,000). In any such case, the Ad-
    ministrator shall establish an effective date for such prohibi-
    tion as he deems appropriate, not later than January 1, 1995,
    or 1 year after such application is received, whichever is later.
    The Administrator shall publish such application in the  Feder-
    al Register upon receipt.
      (B) If the Administrator determines, on the  Administrator's
    own  motion or on petition  of any  person, after consultation
    with the Secretary of Energy, that there is insufficient domes-
    tic capacity to produce gasoline certified under this subsection,
    the Administrator  shall, by  rule, extend the effective date of
    such prohibition in Marginal,  Moderate, Serious,  or  Severe
    Areas referred to in subparagraph (A) for one additional year,
    and may, by rule,  renew such extension  for 2 additional one-
    year periods. The Administrator shall  act on any petition sub-
    mitted under this paragraph within 6 months after receipt of
    the petition. The Administrator shall issue such extensions for
    areas with a lower ozone classification before issuing any such
    extension for areas with a higher classification.
     (7) CREDITS.—(A) The regulations promulgated  under this
    subsection shall provide for the granting of  an appropriate
    amount of credits to a person who refines, blends, or imports
    and certifies a gasoline or slate of gasoline that—
         (i) has an oxygen content (by weight) that exceeds the
       minimum oxygen content specified in paragraph (2);
         (ii) has an  aromatic hydrocarbon  content (by volume)
       that is less than the maximum aromatic hydrocarbon con-
       tent required to comply with paragraph (3); or
         (iii) has a benzene content (by volume) that is less than
       the maximum  benzene content specified in paragraph  (2).
     (B) The regulations described in subparagraph (A) shall also
    provide that a person  who  is granted credits may use such
    credits, or transfer all or a portion  of such credits to another
    person  for use within the same nonattainment area, for the
    purpose of complying with  this subsection.
     (C) The  regulations promulgated  under  subparagraphs  (A)
    and (B) shall ensure the enforcement  of the requirements  for
    the issuance, application, and transfer of the credits. Such reg-
    ulations shall prohibit the granting  or transfer of such credits
    for use with respect to any gasoline in a nonattainment area,
    to the extent the use of such credits  would result in any of the
    following:
         (i) An average gasoline aromatic hydrocarbon content
       (by volume) for the nonattainment (taking into account all
       gasoline sold for use in  conventional gasoline-fueled vehi-
       cles in the nonattainment area) higher than the average
        fuel aromatic hydrocarbon content (by volume) that  would
       occur in the absence of using any such credits.

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259	CLEAN AIR ACT	Sec. 211

          (ii) An average gasoline oxygen  content (by weight) for
        the nonattainment area (taking into account all gasoline
        sold for use in conventional gasoline-fueled vehicles in the
        nonattainment  area) lower  than  the average  gasoline
        oxygen  content (by weight)  that would occur in  the ab-
        sence of using any such credits.
          (iii) An average benzene content (by volume) for the  non-
        attainment area (taking into  account all gasoline sold for
        use in  conventional gasoline-fueled vehicles in the nonat-
        tainment area) higher than  the average benzene content
        (by volume) that would occur in the absence of using any
        such credits.
      (8) ANTI-DUMPING RULES.—
          (A) IN GENERAL.—Within 1  year after the enactment of
        the Clean Air Act Amendments of 1990, the Administrator
        shall promulgate regulations applicable to each refiner,
        blender, or importer of  gasoline ensuring  that  gasoline
        sold or introduced into commerce by such refiner, blender,
        or importer (other than  reformulated  gasoline subject to
        the requirements of paragraph (1)) does not result in aver-
        age per gallon emissions (measured on a mass basis) of (i)
        volatile organic  compounds,  (ii)  oxides of  nitrogen, (iii)
        carbon monoxide, and (iv) toxic air pollutants in excess of
        such emissions of such pollutants attributable to gasoline
        sold or introduced into commerce in calendar year 1990 by
        that  refiner,  blender, or  importer. Such regulations shall
        take effect beginning January 1, 1995.
          (B) ADJUSTMENTS.—In evaluating compliance  with the
        requirements of subparagraph (A), the Administrator shall
        make appropriate adjustments to insure that no  credit is
        provided for improvement in  motor vehicle emissions  con-
        trol in motor  vehicles sold after the calendar year 1990.
          (C) COMPLIANCE DETERMINED FOR EACH POLLUTANT INDE-
        PENDENTLY.—In determining whether there is an increase
        in emissions  in violation of the prohibition contained in
        subparagraph (A) the Administrator shall consider an in-
        crease  in  each  air  pollutant referred to  in clauses (i)
        through (iv) as a separate violation of such prohibition,
        except  that the Administrator shall promulgate regula-
        tions to provide that  any increase in emissions of oxides of
        nitrogen resulting from adding oxygenates to gasoline  may
        be offset by an equivalent or greater reduction (on a mass
        basis) in emissions of volatile organic  compounds, carbon
        monoxide, or toxic air pollutants, or any combination of
        the foregoing.
          (D) COMPLIANCE PERIOD.—The Administrator  shall  pro-
        mulgate an appropriate compliance period or appropriate
        compliance periods to be used  for assessing  compliance
        with the prohibition contained in subparagraph (A).
          (E) BASELINE FOR DETERMINING COMPLIANCE.—If the Ad-
        ministrator determines that no adequate and reliable  data
        exists regarding  the  composition of gasoline sold  or intro-
        duced into  commerce by a refiner, blender, or importer in

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Sec. 211
CLEAN AIR ACT
260
        calendar year 1990, for such refiner, blender, or importer,
        baseline  gasoline shall  be substituted  for such  1990 gaso-
        line in determining compliance with subparagraph (A).
      (9) EMISSIONS FROM ENTIRE  VEHICLE.—In  applying the  re-
    quirements of  this subsection,  the Administrator shall  take
    into account emissions from the entire motor vehicle, including
    evaporative, running, refueling, and exhaust emissions.
      (10) DEFINITIONS.—For purposes of this subsection—
         (A)  BASELINE VEHICLES.—The term  "baseline vehicles"
        mean representative model year 1990 vehicles.
         (B) BASELINE GASOLINE.—
              (i)  SUMMERTIME.—The   term  "baseline  gasoline"
           means  in the case of gasoline sold during the  high
           ozone period (as defined by the Administrator) a gaso-
           line which meets the following specifications:
               BASELINE GASOLINE FUEL PROPERTIES
                   API Gravity	     57.4
                   Sulfur, ppm	    339
                   Benzene, %	      1.53
                   RVP, psi	      8.7
                   Octane, R+M/2	     87.3
                   IBP, F	;	     91
                   10%, F	    128
                   50%, F	    218
                   90%, F	    330
                   End Point, F	    415
                   Aromatics, %	     32.0
                   Olefms, %	      9.2
                   Saturates, %	     58.8
              (ii) WINTERTIME.—The Administrator  shall establish
           the specifications of "baseline gasoline" for gasoline
           sold at  times other  than the high ozone period (as de-
           fined by the Administrator).  Such specifications shall
           be the specifications of 1990 industry average gasoline
           sold during such period.
         (C) Toxic AIR POLLUTANTS.—The  term  "toxic air pollut-
        ants" means the aggregate emissions of the following:
         Benzene
         1,3 Butadiene
         Polycyclic organic matter (POM)
         Acetaldehyde
         Formaldehyde.
         (D) COVERED AREA.—The  9  ozone nonattainment areas
        having a 1980 population in excess of 250,000 and having
        the  highest ozone design  value  during the period  1987
        through 1989 shall be "covered areas"  for purposes of this
        subsection.  Effective one year after the  reclassification of
        any ozone nonattainment area as  a Severe ozone nonat-
        tainment area under section 18 Kb), such Severe area shall
        also be a  "covered area" for purposes of this subsection.
      (E) REFORMULATED GASOLINE.—The term "reformulated gaso-
    line" means any gasoline which is certified by the Administra-
    tor under this section  as complying with this subsection.
      (F) CONVENTIONAL GASOUNK.—The term  "conventional gaso-
    line" means  any gasoline which does not meet specifications
    set by a certification under this subsection.

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261	CLEAN AIR ACT	Sec. 211

  (1) DETERGENTS.—Effective beginning January  1, 1995, no person
may sell or dispense to an ultimate consumer in  the United States,
and  no  refiner or  marketer may directly or indirectly sell or dis-
pense to persons who sell or dispense to ultimate consumers in the
United States any  gasoline which does not contain additives to pre-
vent the accumulation  of  deposits in engines or fuel supply sys-
tems. Not later than 2 years after the date of the enactment of the
Clean Air Act Amendments of 1990, the Administrator shall pro-
mulgate a rule establishing specifications for such additives.
  (m) OXYGENATED FUELS.—
      (1) PLAN REVISIONS FOR co NONATTAINMENT AREAS.—(A) Each
    State  in which there is located all or part of an  area which is
    designated  under title I  as a nonattainment area for carbon
    monoxide and  which has a carbon monoxide  design value  of 9.5
    parts  per million  (ppm) or  above based  on data for the 2-year
    period of 1988 and  1989 and calculated according to the most
    recent interpretation methodology issued by  the Administrator
    prior  to the enactment of  the Clean Air Act Amendments  of
    1990 shall submit to the Administrator a State implementation
    plan revision under section 110 and  part D  of title I for such
    area which shall  contain the provisions specified under this
    subsection regarding oxygenated gasoline.
      (B) A plan revision which contains such provisions shall also
    be submitted by each State in which there is located any area
    which, for any 2-year period after 1989 has a carbon monoxide
    design value of 9.5 ppm or above. The revision shall be submit-
    ted within 18 months after such 2-year period.
      (2) OXYGENATED GASOLINE  IN co NONATTAINMENT AREAS.—
    Each  plan revision  under this subsection shall contain  provi-
    sions to require that any gasoline sold, or dispensed, to the ul-
    timate consumer in the carbon monoxide nonattainment area
    or sold or dispensed directly or indirectly by fuel refiners or
    marketers to persons who sell or dispense to ultimate consum-
    ers, in the larger of—
          (A) the Consolidated  Metropolitan   Statistical   Area
        (CMSA) in which the area is located, or
          (B) if the area is not located in a CMSA, the Metropoli-
        tan Statistical Area in which the area is  located,
    be blended, during the portion of the year in which the area is
    prone to high ambient concentrations of carbon  monoxide to
    contain not less than 2.7 percent oxygen by weight (subject to a
    testing tolerance  established by the Administrator). The por-
    tion of the year in which  the  area is prone to  high ambient
    concentrations of carbon monoxide shall be as determined by
    the Administrator, but shall not be less  than 4 months. At the
    request of a State with respect to any area designated as non-
    attainment  for carbon  monoxide,  the Administrator  may
    reduce the period specified in the preceding sentence  if the
    State  can demonstrate that  because  of meteorological  condi-
    tions, a reduced period will assure that there will be no excee-
    dances of the carbon  monoxide standard outside of such re-
    duced period.  For areas with a carbon monoxide design  value
    of 9.5 ppm or  more of the date of enactment of the Clean Air

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Sec. 211
CLEAN AIR ACT
262
    Act Amendments of 1990, the revision shall provide that such
    requirement shall take effect no later than November 1, 1992,
    (or at such other date during 1992 as the Administrator estab-
    lishes under the preceding provisions of this paragraph). For
    other areas, the revision shall provide that such requirement
    shall take effect no later than  November 1 of the third year
    after the last year of the applicable 2-year period referred to in
    paragraph (1) (or at such other date during such third year as
    the  Administrator establishes under the preceding provisions
    of this paragraph) and shall include a program for implemen-
    tation  and enforcement  of  the requirement consistent with
    guidance to be issued by the Administrator.
      (3) WAIVERS.—(A) The Administrator shall waive, in whole or
    in part, the requirements of paragraph  (2) upon a demonstra-
    tion by the State to the satisfaction of the Administrator that
    the use of oxygenated gasoline would prevent or interfere with
    the attainment by the area of a national primary ambient air
    quality standard (or a State or local ambient air quality stand-
    ard) for any air pollutant  other than carbon monoxide.
      (B) The Administrator shall, upon demonstration  by the
    State satisfactory to the Administrator, waive the requirement
    of paragraph  (2)  where  the Administrator determines that
    mobile sources of carbon  monoxide do  not contribute signifi-
    cantly to carbon monoxide levels in an area.
      (CXi) Any person may petition the Administrator to make a
    finding that there is, or is likely to be,  for any area, an inad-
    equate domestic supply of, or distribution capacity for, oxygen-
    ated  gasoline  meeting the requirements of paragraph (2) or
    fuel additives  (oxygenates) necessary to  meet such  require-
    ments.  The Administrator shall  act on such petition within 6
    months after receipt of the petition.
      (ii) If the Administrator determines, in response to a petition
    under clause (i), that there is an  inadequate supply or capacity
    described in clause (i), the Administrator shall delay the effec-
    tive date of paragraph (2) for 1 year. Upon petition, the Admin-
    istrator may extend such  effective date for one additional year.
    No partial delay or lesser waiver may be granted under this
    clause.
      (iii) In granting waivers under  this subparagraph the Admin-
    istrator shall  consider distribution capacity separately from
    the adequacy of domestic supply and shall grant such waivers
    in such manner as will assure that, if supplies of oxygenated
    gasoline are limited, areas having the highest design value for
    carbon monoxide will  have a priority  in obtaining oxygenated
    gasoline which meets the  requirements of paragraph (2).
      (iv) As used in this subparagraph, the term distribution ca-
    pacity includes capacity for transportation, storage, and blend-
    ing.
      (4) FUEL DISPENSING SYSTEMS.—Any  person selling oxygenat-
    ed gasoline at  retail pursuant to this subsection shall be re-
    quired  under regulations  promulgated by the Administrator to
    label the fuel dispensing system with a notice that the gasoline

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263
CLEAN AIR ACT
Sec. 213
    is oxygenated and will reduce the carbon monoxide emissions
    from the motor vehicle.
      (5) GUIDELINES FOR CREDIT.—The Administrator shall promul-
    gate guidelines, within 9 months after the date of the enact-
    ment of the Clean Air Act Amendments of 1990, allowing the
    use of marketable oxygen credits from gasolines  during that
    portion of the year  specified  in  paragraph  (2) with  higher
    oxygen content than required to offset the sale or use of gaso-
    line  with a lower oxygen content  than required. No credits
    may be transferred between nonattainment areas.
      (6) ATTAINMENT AREAS.—Nothing in this subsection shall be
    interpreted as requiring an oxygenated gasoline program in an
    area which is in attainment  for carbon monoxide, except that
    in a carbon monoxide nonattainment area which is redesignat-
    ed as  attainment for  carbon monoxide, the  requirements of
    this subsection shall remain  in effect to the extent  such pro-
    gram is necessary to maintain such standard thereafter in the
    area.
      (7) FAILURE TO ATTAIN  CM  STANDARD.—If  the  Administrator
    determines under section 186(bX2) that the national primary
    ambient air quality standard  for carbon monoxide has not been
    attained in a Serious Area by the applicable attainment date,
    the State shall submit a plan  revision for  the  area  within 9
    months after the date of such determination. The plan revision
    shall provide that the minimum oxygen content  of gasoline re-
    ferred to in paragraph (2) shall be 3.1 percent by weight unless
    such requirement is  waived in accordance with  the provisions
    of this subsection.
  (n)  PROHIBITION ON LEADED GASOLINE FOR HIGHWAY  USE.—After
December 31, 1995, it shall be unlawful for any person to sell, offer
for sale, supply, offer for supply, dispense, transport, or  introduce
into commerce, for use as fuel in any motor vehicle (as defined in
section 219(2)) l any gasoline  which  contains lead or lead additives.
  (o)  FUEL AND FUEL ADDITIVE IMPORTERS AND IMPORTATION.—For
the purposes of this section, the term "manufacturer" includes an
importer and the term "manufacture" includes importation.
(42 U.S.C 7545)[ Section 212 repealed by  P.L. 101-549. section 230(10)]
SEC. 213. NONROAD ENGINES AND VEHICLES.
  (a) EMISSIONS STANDARDS.—(1) The Administrator shall conduct a
study of emissions from nonroad  engines and nonroad vehicles
(other than locomotives or engines used  in locomotives)  to deter-
mine  if such emissions cause, or significantly contribute to, air pol-
lution which may reasonably be anticipated to endanger public
health or welfare. Such study shall be completed within 12 months
of the date of the enactment of the Clean Air Act Amendments of
1990.
  (2) After notice and opportunity for public hearing, the  Adminis-
trator shall determine within 12 months after completion of the
study under paragraph (1), based upon the results of such study,
whether  emissions of carbon monoxide, oxides of  nitrogen,  and
  1 So in law. See section 220 of P.L. 101-549. Reference should probably be a reference to sec-
tion 216(2).

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Sec. 213	CLEAN AIR ACT	264

volatile organic compounds from new and existing nonroad engines
or nonroad vehicles (other than locomotives or engines used in loco-
motives) are significant contributors to ozone or carbon monoxide
concentrations in more than 1 area which has failed to attain the
national ambient air quality standards for ozone or carbon monox-
ide. Such determination shall be included in the regulations under
paragraph (3).
  (3)  If  the  Administrator  makes  an affirmative  determination
under paragraph (2) the Administrator shall,  within  12 months
after  completion of the study under paragraph (1), promulgate (and
from  time to time revise) regulations containing standards applica-
ble to emissions from those classes or categories of new nonroad en-
gines  and new nonroad vehicles (other than locomotives or engines
used in locomotives) which in the  Administrator's judgment cause,
or contribute to,  such air pollution. Such  standards shall achieve
the greatest  degree  of emission reduction achievable through the
application of technology which the Administrator determines will
be available  for the engines or vehicles to which such standards
apply, giving appropriate consideration to the cost of applying such
technology within the period of time available  to manufacturers
and to noise, energy, and safety factors associated with the applica-
tion of such  technology. In  determining what degree of reduction
will be available, the Administrator shall  first consider standards
equivalent in stringency to standards for  comparable motor vehi-
cles or engines (if any) regulated under section 202, taking into ac-
count the technological feasibility, costs, safety,  noise,  and energy
factors associated with achieving, as appropriate, standards of such
stringency and lead time. The regulations shall apply to the useful
life of the engines or vehicles (as determined by the Administrator).
  (4)  If the  Administrator determines that any emissions not re-
ferred to  in  paragraph (2) from new nonroad engines  or vehicles
significantly  contribute to air pollution which may reasonably be
anticipated to endanger public health or welfare, the Administra-
tor may promulgate (and from time to time revise) such regulations
as the Administrator deems appropriate containing standards ap-
plicable to emissions from those classes or categories of new non-
road engines and new  nonroad vehicles (other than  locomotives or
engines used  in  locomotives) which in the  Administrator's judg-
ment  cause,  or contribute to, such air pollution, taking into ac-
count costs, noise, safety, and energy factors associated with the ap-
plication of technology which the Administrator determines will be
available  for  the engines and vehicles to which such standards
apply. The regulations shall apply to the useful life  of the engines
or vehicles (as determined by the Administrator).
  (5)  Within 5 years after  the enactment of  the Clean Air  Act
Amendments of 1990, the Administrator shall promulgate regula-
tions  containing standards applicable to emissions from new loco-
motives and new engines used in locomotives. Such standards shall
achieve  the  greatest  degree  of  emission  reduction  achievable
through the application of technology which  the  Administrator de-
termines will be available for the  locomotives or engines to which
such standards apply, giving appropriate consideration to the cost
of applying such technology within the period of time available to

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285	CLEAN AIR ACT	Sec. 215

manufacturers and to noise, energy, and safety factors associated
with the application of such technology.
  (b)  EFFECTIVE  DATE.—Standards under this section shall take
effect at the earliest possible date considering the lead time neces-
sary to permit the development and application of the requisite
technology, giving appropriate consideration to the  cost of compli-
ance within such period and energy and safety.
  (c) SAFE CONTROL.—Effective with respect to new engines or ve-
hicles to which standards under this section apply, no emission con-
trol device, system, or element of design shall be used in such a
new nonroad engine or new nonroad vehicle for purposes  of com-
plying with such standards if such device, system, or element of
design will cause or contribute to an unreasonable risk to public
health, welfare, or safety in its operation or function. In determin-
ing whether an unreasonable risk exists, the Administrator shall
consider factors including those described in section 202(a)(4)(B).
  (d)  ENFORCEMENT.—The standards under this  section shall be
subject to sections 206, 207, 208, and  209, with such modifications of
the applicable  regulations implementing such sections as the Ad-
ministrator deems appropriate, and shall be enforced in  the same
manner  as standards prescribed under section 202. The Adminis-
trator shall revise or promulgate regulations as may be necessary
to determine compliance  with, and enforce, standards  in effect
under this section.
[42 U.S.C. 7547]

      STUDY OF PARTICULATE EMISSIONS FROM MOTOR VEHICLES

  SEC. 214, (aXD  The Administrator  shall conduct a  study concern-
ing the effects on health and welfare of participate emissions from
motor vehicles or motor vehicle engines to  which section  202  ap-
plies. Such study shall characterize and quantify such emissions
and analyze the relationship of such emissions to various fuels and
fuel additives.
  (2) The study shall also include an analysis of particulate emis-
sions  from mobile sources which  are not related to engine  emis-
sions  (including,  but not  limited to  tire debris, and asbestos from
brake lining).
  (b) The Administrator shall report to  the Congress the findings
and results of the study  conducted  under subsection (a) not later
than two years after the date of the enactment of the Clean Air
Act Amendments of 1977. Such report shall also include recommen-
dations for standards or methods to regulate particulate emissions
described in paragraph (2) of subsection (a).
[42 U.S.C. 7548]

            HIGH ALTITUDE PERFORMANCE ADJUSTMENTS

  SEC. 215. (aXD  Any action taken with respect to any element of
design installed on or in a motor vehicle or motor vehicle engine in
compliance with  regulations under this title (including any  alter-
ation or adjustment of such element), shall be treated as not in vio-
lation  of section  203(a) if such action is performed in accordance

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 Sec. 215	CLEAN  AIR ACT	266

 with  high altitude adjustment instructions provided by the manu-
 facturer under subsection (b) and approved by the Administrator.
   (2)  If the Administrator finds that adjustments or modifications
 made pursuant to instructions of the manufacturer  under para-
 graph (1) will not insure emission control performance with respect
 to each standard under section 202  at least equivalent to that
 which would  result if no such adjustments or modifications were
 made, he shall disapprove such instructions. Such findings shall be
 based upon minimum engineering evaluations consistent with good
 engineering practice.
   (bXD Instructions respecting each class or category of vehicles or
 engines to which this title applies providing for such vehicle  and
 engine  adjustments and modifications  as may  be  necessary to
 insure emission control performance at different altitudes shall be
 submitted by  the manufacturer to the Administrator pursuant to
 regulations promulgated by the Administrator.
   (2) Any knowing violation by a manufacturer of requirements of
 the Administrator under paragraph (1) shall be treated as a viola-
 tion by such manufacturer of section  203{aX3) for purposes of the
 penalties contained in section  205.
  (3)  Such instruction shall provide,  in addition to  other adjust-
 ments,  for  adjustments for vehicles  moving  from high  altitude
 areas to low altitude areas after the initial registration of such ve-
 hicles.
  (c) No instructions under this section  respecting adjustments or
 modifications  may  require the use of any manufacturer parts (as
 defined in section 203(a)) unless the manufacturer demonstrates to
 the satisfaction of the Administrator that the use of such manufac-
turer  parts is necessary to insure  emission control performance.
  (d) Before January 1, 1981 the authority  provided by this section
shall  be available in any high altitude State (as determined under
 regulations of the  Administrator under regulations  promulgated
before the date of the enactment of this Act)  but after December
 31, 1980, such authority shall be available only in any such State
 in which an inspection and maintenance program for the testing of
 motor vehicle emissions  has been instituted for the portions of the
State  where any national ambient air  quality standard for auto-re-
 lated  pollutants has not been attained.
  (e) HIGH ALTITUDE TESTING.—(1) The Administrator shall prompt-
 ly establish at least one testing center (in addition to the testing
centers existing on the date of the enactment of the Clean Air Act
 Amendments of 1990) located at a site that represents high altitude
conditions, to  ascertain in  a reasonable manner whether, when in
 actual use throughout their useful life (as determined under  sec-
 tion 202(d)), each class or category of vehicle and engines to which
 regulations under  section 202 apply conforms  to  the emissions
standards established by such regulations. For purposes of this sub-
 section, the term "high altitude conditions" refers to high altitude
 as defined in  regulations of the  Administrator in effect as of the
date of the enactment of the  Clean Air  Act Amendments of 1990.
  (2)  The  Administrator,  in  cooperation  with  the  Secretary of
 Energy and the Administrator of the  Urban Mass Transportation
 Administration, and such  other  agencies as  the Administrator

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267	CLEAN AIR ACT	Sec. 216

deems appropriate, shall establish a research and technology as-
sessment center to provide for the development and evaluation of
less-polluting heavy-duty engines and fuels for use in buses, heavy-
duty trucks, and non-road engines and  vehicles, which shall be lo-
cated at a high-altitude  site that represents high-altitude  condi-
tions. In establishing and funding such a center, the Administrator
shall give preference to proposals which provide for local cost-shar-
ing of facilities and recovery of costs of operation  through utiliza-
tion of such facility for the purposes of this section.
  (3) The Administrator shall designate at least one center at high-
altitude conditions to  provide research on after-market emission
components, dual-fueled vehicles and conversion kits, the effects of
tampering on emissions  equipment, testing of alternate fuels  and
conversion kits, and the development of curricula, training courses,
and materials to maximize tiie  effectiveness  of  inspection  and
maintenance programs as they relate to promoting effective control
of vehicle emissions at high-altitude elevations. Preference shall be
given  to existing vehicle emissions testing  and research centers
that have  established  reputations for  vehicle emissions research
and development and training, and that  possess in-house Federal
Test Procedure capacity.
[42 U.S.C. 7549]

                    DEFINITIONS FOR PART A

  SEC. 216. As used in this part—
      (1) The term "manufacturer" as used  in sections 202,  203,
    206, 207, and 208 means any person engaged in the manufac-
    turing or assembling of new motor vehicles, new  motor vehicle
    engines, new nonroad vehicles or new nonroad engines, or im-
    porting such vehicles or engines for resale, or who acts for and
    is  under the control of any such person in connection with the
    distribution  of new motor vehicles,  new motor vehicle  engines,
    new nonroad vehicles or new nonroad engines, but shall not in-
    clude any dealer  with  respect to new  motor  vehicles,  new
    motor vehicle engines, new nonroad vehicles  or new  nonroad
    engines received by him in commerce.
      (2) The term "motor vehicle"  means any self-propelled vehi-
    cle designed for transporting persons or property on a street or
    highway.
      (3) Except with respect to vehicles or engines imported or of-
    fered for importation, the term "new motor vehicle" means a
    motor vehicle the equitable or legal title to which has never
    been transferred to an ultimate purchaser; and the term "new
    motor vehicle engine" means an engine in a new motor vehicle
    or a motor vehicle engine the equitable or legal  title to which
    has never been transferred to the ultimate purchaser; and with
    respect to imported vehicles or engines, such terms  mean a
    motor vehicle and engine, respectively, manufactured after the
    effective date of a regulation issued under section 202  which is
    applicable to such vehicle or engine (or which  would be appli-
    cable to such vehicle or  engine had it been manufactured for
    importation into the United States).

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 Sec. 217	CLEAN AIR ACT	268

      (4) The term "dealer" means any person who is engaged in
    the sale or the distribution of new motor vehicles or new motor
    vehicle engines to the ultimate purchaser.
      (5) The term "ultimate purchaser" means,  with respect to
    any new motor vehicle or new motor vehicle engine, the first
    person who in good faith purchases such new motor vehicle or
    new engine for purposes other than resale.
      (6) The term "commerce" means (A) commerce between any
    place in any State and any place outside  thereof; and (B) com-
    merce wholly within the District of Columbia.
      (7) VEHICLE CURB WEIGHT, GROSS  VEHICLE WEIGHT  RATING,
    LIGHT-DUTY TRUCK,  LIGHT-DUTY VEHICLE, AND LOADED  VEHICLE
    WEIGHT.—The terms  "vehicle curb  weight",  "gross  vehicle
    weight rating"  (GVWR), "light-duty  truck" (LDT), light-duty
    vehicle, and  loaded vehicle weight"  (LVW) have the meaning
    provided  in regulations promulgated by the Administrator and
    in effect  as of  the enactment of the Clean Air Act  Amend-
    ments of 1990. The abbreviations in parentheses corresponding
    to any term referred to in this paragraph shall have the same
    meaning  as the corresponding term.
      (8) TEST WEIGHT.—The term "test weight" and the abbrevia-
    tion "tw" mean the vehicle curb weight added to the gross ve-
    hicle weight rating (gvwr) and divided by 2.
      (9) MOTOR  VEHICLE OR  ENGINE  PART  MANUFACTURES.—The
    term "motor vehicle or engine part manufacturer" as used in
    sections 207 and 208 means any  person engaged in the manu-
    facturing, assembling or rebuilding of any device, system, part,
    component or element of design  which is  installed in or on
    motor vehicles or motor vehicle engines.
      (10) NONROAD ENGINE.—The term  "nonroad engine" means
    an internal combustion engine (including  the fuel system) that
    is not used in a motor vehicle or a vehicle used solely for com-
    petition, or that is not subject to standards promulgated under
    section 111 or section 202.
      (11) NONROAD VEHICLE.—The term  "nonroad vehicle" means
    a vehicle that is powered by a nonroad engine and that is not a
    motor vehicle or a vehicle used solely for competition.
[42 U.S.C. 7550]
SEC. 217. MOTOR VEHICLE COMPLIANCE PROGRAM FEES.
  (a) FEE COLLECTION.—Consistent with  section 9701 of title 31,
United States Code, the Administrator may promulgate (and from
time to time revise) regulations establishing fees to recover all rea-
sonable costs  to the Administrator associated with—
      (1) new vehicle or engine certification under section 206(a) or
    part C,
      (2) new vehicle or engine compliance monitoring  and testing
    under section 206(b) or part C, and
      (3) in-use vehicle or engine compliance monitoring and test-
    ing under section 207(c) or part C.
The Administrator may establish for all foreign  and domestic man-
ufacturers a fee schedule based on such factors as the Administra-
tor finds appropriate and equitable and nondiscriminatory,  includ-
ing the number of vehicles or engines produced  under a certificate

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269	CLEAN AIR ACT	Sec. 219

of conformity. In the case of heavy-duty engine and vehicle manu-
facturers, such fees shall not exceed a reasonable amount to recov-
er an appropriate portion of such reasonable costs.
  (b) SPECIAL TREASURY FUND.—Any fees  collected under this sec-
tion shall be deposited in a special fund  in the United States Treas-
ury for licensing and other services  which  thereafter shall be avail-
able for appropriation, to remain available until expended, to carry
out the Agency's activities for which the fees were collected.
  (c) LIMITATION  ON FUND  USE.—Moneys in the  special  fund re-
ferred to in subsection  (b) shall not be used until after  the  first
fiscal year commencing after the first  July  1 when fees  are  paid
into the fund.
  (d) ADMINISTRATOR'S TESTING  AUTHORITY.—Nothing in this  sub-
section shall be construed to limit the Administrator's authority to
require  manufacturer or confirmatory testing as  provided in this
part.
[42 U.S.C. 7552]
SEC. 218. PROHIBITION  ON  PRODUCTION OF  ENGINES  REQUIRING
           LEADED GASOLINE.
  The Administrator  shall promulgate regulations applicable  to
motor vehicle engines and nonroad engines manufactured after
model year 1992  that prohibit the manufacture,  sale, or introduc-
tion into commerce of any engine that requires leaded gasoline.
[42 U.S.C. 7553]
SEC. 219. URBAN BUS STANDARDS.
  (a) STANDARDS  FOR MODEL YEARS AFTER  1993.—Not later than
January 1, 1992, the Administrator shall promulgate  regulations
under section  202(a) applicable to urban buses for the  model year
1994 and thereafter. Such  standards shall  be  based on  the  best
technology that  can reasonably be  anticipated to be available  at
the time such  measures are to be implemented, taking costs, safety,
energy,  lead time, and  other  relevant  factors into account. Such
regulations shall require that such  urban buses comply with the
provisions of subsection (b) of this section (and subsection (c) of this
subsection, if applicable) in addition to compliance with the stand-
ards applicable under section 202(a) for heavy-duty vehicles of the
same type and model year.
  {b) PM STANDARD.—
      (1)  50  PERCENT REDUCTION.—The standards under section
    202(a) applicable to urban buses shall require that, effective for
    the  model year 1994  and  thereafter,  emissions of particulate
    matter (PM)  from urban buses  shall not exceed 50 percent of
    the  emissions of particulate matter (PM) allowed  under the
    emission standard applicable under section 202(a) as of the
    date of the  enactment  of the Clean Air Act Amendments of
    1990 for particulate matter (PM)  in  the case of heavy-duty
    diesel vehicles and  engines manufactured  in the  model year
    1994.
      (2) REVISED REDUCTION.—The Administrator shall  increase
    the  level of emissions of particulate matter allowed under the
    standard referred to in paragraph (1)  if the Administrator de-
    termines  that the 50  percent  reduction referred  to  in  para-

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Sec. 219	CLEAN AIR ACT	270

    graph (1) is not technologically achievable, taking into account
    durability, costs, lead time, safety, and other relevant factors.
    The Administrator  may  not  increase such level  of emissions
    above 70 percent of the emissions of particulate  matter (PM)
    allowed under the emission standard applicable under section
    202(a) as of the date of the enactment of the  Clean  Air Act
    Amendments of 1990 for particulate matter (PM) in the case of
    heavy-duty diesel vehicles  and engines manufactured in the
    mode] year 1994.
      (3) DETERMINATION  AS  PART OF RULE.—As part of the rule-
    making under subsection (a), the Administrator shall make a
    determination as to whether the 50 percent reduction referred
    to in paragraph (1) is technologically achievable, taking into
    account durability, costs,  lead time, safety, and other relevant
    factors.
  (C) LOW-POLLUTING FUEL REQUIREMENT.—
      (1) ANNUAL TESTING.—Beginning with model year 1994 buses,
    the  Administrator shall conduct annual tests of a representa-
    tive sample of operating urban buses subject to  the particulate
    matter (PM) standard applicable pursuant to subsection (b) to
    determine whether  such  buses comply with such standard in
    use over their full useful life.
      (2) PROMULGATION OF ADDITIONAL LOW-POLLUTING  FUEL  RE-
    QUIREMENT.—(A) If the Administrator determines,  based on the
    testing under  paragraph  (1),  that urban buses subject to the
    particulate matter (PM) standard applicable pursuant to sub-
    section (b) do not comply  with such standard in use over their
    full  useful life, he shall revise the standards applicable to such
    buses to require (in addition to compliance with the PM stand-
    ard  applicable pursuant to  subsection (b)) that  all new  urban
    buses purchased or placed into service by owners  or operators
    of urban buses in all metropolitan statistical areas or consoli-
    dated metropolitan statistical areas with a 1980 population of
    750,000 or more shall be capable of operating, and shall be ex-
    clusively operated, on  low-polluting  fuels.  The Administrator
    shall establish the pass-fail rate for purposes of testing under
    this subparagraph.
      (B) The Administrator shall promulgate a schedule phasing
    in any  low-polluting fuel  requirement established pursuant to
    this paragraph to an increasing percentage of new urban buses
    purchased or placed into service  in each of the first  5 model
    years commencing 3 years after the determination under sub-
    paragraph (A). Under such schedule 100 percent of new urban
    buses placed into service in  the fifth model year commencing 3
    years after the determination  under subparagraph  (A) shall
    comply  with  the low-polluting fuel requirement established
    pursuant to this paragraph.
      (C) The Administrator may extend the requirements of this
    paragraph  to  metropolitan  statistical areas or  consolidated
    metropolitan  statistical areas with a 1980 population of less
    than 750,000,  if the Administrator determines that a signifi-
    cant benefit to public health  could be expected to result from
    such extension.

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271	CLEAN AIR ACT	Sec. 231

  (d) RETROFIT REQUIREMENTS.—Not later than 12 months after the
enactment of the Clean Air Act Amendments of 1990, the Adminis-
trator shall  promulgate regulations under  section 202(a) requiring
that urban buses which—
      (1) are operating in areas referred to in subparagraph (A) of
    subsection (cX2) (or subparagraph (C) of subsection (cX2) if the
    Administrator has taken action under that subparagraph);
      (2) were not subject to standards  in effect under the regula-
    tions under subsection (a); and
      (3) have their engines replaced or rebuilt  after January  1,
    1995,
shall comply with an  emissions standard or emissions control tech-
nology requirement established by the Administrator in such  regu-
lations. Such emissions standard or emissions control technology
requirement shall  reflect the best retrofit  technology and mainte-
nance practices reasonably achievable.
  (e) PROCEDURES  FOR ADMINISTRATION AND ENFORCEMENT.—The
Administrator shall establish, within 18 months after the enact-
ment of the Clean Air Act Amendments to  1990, and in accordance
with section 206{h), procedures for the administration and enforce-
ment of standards for buses subject to standards under this section,
testing procedures, sampling protocols,  in-use compliance require-
ments, and criteria governing evaluation of buses.  Procedures for
testing (including, but not limited to, certification testing) shall re-
flect actual operating  conditions.
  (f) DEFINITIONS.—For purposes of this section—
      (1) URBAN BUS.—The term "urban bus" has  the meaning pro-
    vided under regulations  of  the Administrator  promulgated
    under section 202(a).
      (2)  LOW-POLLUTING  FUEL.—The  term  "low-polluting  fuel"
    means methanol,  ethanol, propane, or natural gas, or any com-
    parably  low-polluting fuel. In determining whether a fuel  is
    comparably  low-polluting,  the Administrator  shall consider
    both the level of emissions of air pollutants from vehicles using
    the fuel  and the contribution of such emissions to ambient
    levels of air pollutants.  For  purposes  of this paragraph, the
    term "methanol"  includes any fuel  which contains at least 85
    percent methanol unless the Administrator increases such per-
    centage  as he deems appropriate to protect public health and
    welfare.
[42 U.S.C. 7554]

             PART B—AIRCRAFT EMISSION STANDARDS

                  ESTABLISHMENT OF STANDARDS

  SEC. 231. (aXD Within 90 days after the date of enactment of the
Clean Air Amendments of 1970, the Administrator shall commence
a study and investigation of emissions  of air pollutants from air-
craft in order to determine—
      (A) the extent to which such emissions affect air quality  in
    air quality control regions throughout the United States, and
      (B) the technological feasibility of controlling such emissions.

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Sec. 232	CLEAN AIR ACT	272

  (2)  The Administrator  shall,  from time to time, issue proposed
emission standards applicable to the emission of any air pollutant
from  any class or classes  of aircraft engines which in his judgment
causes, or contributes to, air pollution which may reasonably be an-
ticipated to endanger public health or welfare.
  (3)  The Administrator shall hold public hearings with respect to
such  proposed standards.  Such hearings shall, to the extent practi-
cable, be held in air quality control regions which are most serious-
ly affected by aircraft emissions. Within 90 days after the issuance
of such proposed regulations, he shall issue  such regulation with
such  modifications as he  deems appropriate. Such  regulations may
be revised from  time to time.
  (b)  Any regulation prescribed under this section (and any revi-
sion thereof) shall take effect after such period as the Administra-
tor finds necessary (after  consultation with the Secretary of Trans-
portation) to permit the development and application of the requi-
site technology,  giving appropriate consideration to the cost of com-
pliance within such period.
  (c) Any regulations in effect under this section on date of enact-
ment  of the Clean Air Act Amendments of 1977 or proposed or pro-
mulgated thereafter, or amendments  thereto, with respect to  air-
craft  shall not apply if disapproved by the President, after notice
and opportunity for public hearing, on the basis of a finding by the
Secretary of Transportation that any such regulation would create
a hazard to  aircraft safety. Any  such finding shall include a reason-
ably specific statement of the  basis upon which the finding was
made.
[42U.S.C. 7571]

                   ENFORCEMENT OF STANDARDS

  SEC. 232.  (a) The Secretary of Transportation, after consultation
with the Administrator, shall prescribe regulations to insure com-
pliance with all standards prescribed under section 231 by the  Ad-
ministrator. The  regulations of the Secretary of Transportation
shall  include provisions making such standards applicable in the is-
suance, amendment, modification, suspension, or revocation of any
certificate authorized by  the  Federal Aviation Act or the  Depart-
ment  of Transportation Act.  Such Secretary shall insure that all
necessary inspections  are accomplished, and,1 may execute any
power or duty vested in him  by any other provision of taw in  the
execution of all powers and duties vested in him under this section.
  (b}  In any action to  amend, modify, suspend, or  revoke a certifi-
cate in which violation of an emission standard prescribed under
section 231  or of a regulation prescribed  under subsection (a) is at
issue, the certificate holder shall have the same notice and appeal
rights as are prescribed for such holders in  the Federal  Aviation
Act of 1958 or the Department of Transportation Act, except that
in any  appeal  to the National Transportation Safety Board,  the
Board may  amend, modify, or revoke the order of  the Secretary of
Transportation only if it finds no violation of such  standard or reg-
  1 So in original public law. The commit probably should not appear

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273	CLEAN AIR ACT	Sec. 241

ulation  and that such amendment, modification, or revocation is
consistent with safety in air transportation.
[42 U.S.C. 7572]

                 STATE STANDARDS AND CONTROLS

  SEC. 233. No State or political subdivision thereof may adopt or
attempt to enforce any standard respecting emissions of any  air
pollutant from any aircraft or engine thereof unless such standard
is identical  to a standard applicable to such aircraft under this
part.
[42 U.S.C. 7573]

                          DEFINITIONS

  SEC. 234.  Terms used  in this part (other than Administrator)
shall have the same meaning as such terms have under section 101
of the Federal Aviation Act of 1958.
[42 U.S.C. 7574]

          PART C—CLEAN FUEL VEHICLES

SEC. 241. DEFINITIONS.
  For purposes of this part—
      (1) TERMS DEFINED  IN PART A.—The definitions applicable to
    part A under section  216 shall also apply  for purposes of this
    part.
      (2) CLEAN ALTERNATIVE FUEL.—The term "clean alternative
    fuel" means any fuel (including methanol,  ethanol, or other al-
    cohols (including any mixture thereof containing 85 percent or
    more by volume of such alcohol with gasoline or  other fuels),
    reformulated gasoline, diesel, natural gas, liquefied petroleum
    gas, and hydrogen) or power source (including electricity) used
    in a clean-fuel vehicle that complies with the standards and  re-
    quirements applicable to such vehicle under this title when
    using such fuel or power source. In the case of any flexible fuel
    vehicle or dual fuel vehicle, the term "clean alternative fuel"
    means only a fuel with respect to which such vehicle was certi-
    fied as a clean-fuel vehicle meeting the standards applicable to
    clean-fuel  vehicles under section  243(dX2) when operating  on
    clean alternative fuel (or any GARB  standards which  replaces
    such standards pursuant to section 243(e)).
      (3) NMOG.—The term nonmethane organic gas ("NMOG")
    means the sum  of nonoxygenated and  oxygenated hydrocar-
    bons contained in a gas sample, including, at a minimum,  all
    oxygenated organic gases containing 5 or  fewer carbon atoms
    (i.e., aldehydes, ketones, alcohols, ethers, etc.), and all known
    alkanes,  alkenes,  alkynes, and  aromatics containing 12  or
    fewer carbon atoms. To demonstrate compliance with a NMOG
    standard,  NMOG emissions shall be  measured in accordance
    with the  "California  Non-Methane Organic Gas Test Proce-
    dures". In the  case of vehicles using fuels other than base gaso-
    line, the level of NMOG  emissions shall be adjusted based on

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Sec. 241	CLEAN AIR ACT	274

    the reactivity of the emissions relative to  vehicles using base
    gasoline.
      (4) BASE GASOLINE.—The term "base  gasoline" means gaso-
    line which meets the following specifications:
      Specifications of Base Gasoline Used as Basis for Reactivity Re-
        adjustment:
         API gravity	     57.8
         Sulfur, ppm	    317
         Color	    Purple
         Benzene, vol. %	      1.35
         Reid vapor pressure	      8.7
         Drivability	    1195
         Antiknock index	     87.3
      Distillation, D-86 *F
         IBP	     92
         10%	    126
         50%	    219
         90%	    327
         EP	    414
      Hydrocarbon Type, Vol. % FIA:
         Aromatics	     30.9
         Olefins	      8.2
         Saturates	     60.9
    The Administrator shall modify the definitions of NMOG, base
    gasoline,  and the methods for making reactivity adjustments,
    to conform to the definitions  and  method used in California
    under the Low-Emission Vehicle and Clean  Fuel Regulations of
    the California Air Resources Board, so  long as the California
    definitions are, in the aggregate, at least as protective of public
    health and welfare as the definitions in this section.
     (5) COVERKD FLEET.—The term "covered  fleet"  means 10 or
    more motor vehicles which are owned or operated by a single
    person. In determining the number of vehicles owned or oper-
    ated  by a  single person  for purposes of this  paragraph, all
    motor vehicles  owned or  operated, leased or  otherwise con-
    trolled  by such  person,  by  any person  who controls such
    person, by any  person controlled by such person, and  by any
    person under common control with such person shall be treat-
    ed as owned by such person. The term  "covered fleet" shall not
    include motor vehicles held for lease or rental to the general
    public,  motor vehicles held for sale by motor vehicle  dealers
    (including  demonstration  vehicles), motor vehicles used  for
    motor vehicle manufacturer product evaluations or  tests, law
    enforcement and other emergency vehicles, or nonroad vehi-
    cles (including farm and construction vehicles).
     (6) COVERED FLEET  VEHICLE.—The term "overed fleet vehicle"
    means only a motor vehicle which is—
         (i) in a vehicle class for which standards are applicable
       under this part; and
         (ii) in a covered  fleet which is centrally fueled (or capa-
       ble of being centrally fueled).
    No vehicle which under normal operations  is garaged at a per-
    sonal residence  at night shall be considered to  be  a  vehicle
    which is capable of being centrally fueled within the meaning
    of this paragraph.

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275	CLEAN AIR ACT	Sec. 242

      (7)  CLEAN-FUEL  VEHICLE.—The  term  "clean-fuel  vehicle"
    means a vehicle in a class or category of vehicles which has
    been certified to meet for any model year the clean-fuel vehicle
    standards applicable  under this part for that model year  to
    clean-fuel vehicles in that class or category.
[42 U.S.C. 7581]
SEC. 242. REQUIREMENTS APPLICABLE TO CLEAN FUEL VEHICLES.
  (a)  PROMULGATION OF STANDARDS.—Not  later  than 24 months
after the enactment of the Clean Air Act Amendments of 1990, the
Administrator shall promulgate regulations under this part con-
taining clean-fuel vehicle standards for the clean-fuel vehicles spec-
ified in this part.
  (b)  OTHER REQUIREMENTS.—Clean-fuel vehicles  of up to  8,500
gvwr  subject to  standards set forth  in this  part shall comply with
all motor vehicle requirements of this title (such as requirements
relating to on-board diagnostics, evaporative emissions, etc.) which
are applicable to conventional  gasoline-fueled vehicles of the  same
category and model year, except as provided in section 244 with re-
spect  to administration and enforcement, and except to the extent
that any such requirement is in conflict with the provisions of this
part. Clean-fuel  vehicles of 8,500 gvwr or greater subject to stand-
ards set forth in this part shall comply with all requirements  of
this title which are applicable in the case of conventional gasoline-
fueled or diesel  fueled vehicles of the  same category and model
year,  except as provided in section 244 with respect to administra-
tion and enforcement, and except to the extent that any  such  re-
quirement is in conflict with the provisions of this part.
  (c) IN-USE USEFUL LIFE AND TESTING.—(1) In the case of light-duty
vehicles and light-duty trucks up to 6,000 Ibs gvwr, the useful life
for purposes of determining  in-use compliance with  the standards
under section 243 shall be—
      (A) a period  of 5 years  or 50,000 miles (or the equivalent)
    whichever first occurs, in the case of standards  applicable for
    purposes of certification at 50,000 miles; and
      (B) a  period of 10 years  or 100,000 miles (or the equivalent)
    whichever first occurs, in the case of standards  applicable for
    purposes of certification at  100,000 miles, except that in-use
    testing shall not be done for a period beyond 7 years or 75,000
    miles (or the equivalent) whichever first occurs.
  (2) In the case of light-duty trucks of  more than 6,000 Ibs gvwr,
the useful life for purposes of determining  in-use compliance with
the standards under section 243 shall be—
      (A) a period  of 5 years  or 50,000 miles (or the equivalent)
    whichever first occurs in the case of standards  applicable  for
    purposes of certification at 50,000 miles; and
      (B) a  period of 11 years  or 120,000 miles (or the equivalent)
    whichever first occurs in the case  of standards  applicable for
    purposes of certification at  120,000 miles, except that in-use
    testing shall not be done for a period beyond  7 years or 90,000
    miles (or the equivalent)  whichever first occurs.
[42 U.S.C. 7582}

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 Sec. 243	CLEAN AIR ACT	276

 SEC. 243. STANDARDS FOR LIGHT-DUTY CLEAN FUEL VEHICLES.
   (a) EXHAUST STANDARDS FOR LIGHT-DUTY VEHICLES AND CERTAIN
 LIGHT-DUTY TRUCKS.—The standards  set  forth in this subsection
 shall apply  in the case of clean-fuel vehicles which are light-duty
 trucks of up to 6,000 Ibs. gross vehicle weight rating (gvwr) (but not
 including  light-duty trucks of more than  3,750 Ibs. loaded vehicle
 weight (Ivw)) or light-duty vehicles:
       (1) PHASE i.—Beginning with model year  1996, for the air
     pollutants specified in the following table,  the clean-fuel vehi-
     cle standards  under this section shall provide that vehicle ex-
     haust emissions shall not exceed the levels specified in the fol-
     lowing table:

 PHASE I  CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY
  TRUCKS  OF UP TO 3,750 Las.  LVW AND  UP TO 6,000 Las. GVWR
  AND LIGHT-DUTY VEHICLES
Pollutant
50 000 mile standard
100,000 mile standard 	

NMOG
. . 0 160
	 0.200

CO
44
5.5

NO.
07
09

PM

0.08*

HCHO
(formalde-
hyde)
0018
0023

 Standards are expressed in grams per mile (gpm).
 ' Standards for participates (PM) (hall apply only to diesel-fueled vehicles.
 In the case of the 50,000 mile standards and the 100,000 mile standards, for purposes of certifi-
cation, the applicable useful life shall be 50,000 miles or 100,000 miles, respectively.
      (2)  PHASE n.—Beginning with model year 2001, for air pollut-
    ants  specified in the  following  table,  the clean-fuel  vehicle
    standards  under this section shall provide that vehicle exhaust
    emissions  shall not exceed the levels specified in the following
    table.

PHASE II CLEAN  FUEL VEHICLE EMISSION  STANDARDS  FOR LIGHT-
  DUTY TRUCKS OF UP TO  3,750 LBS.  LVW AND  UP TO 6,000 LBS.
  GVWR AND  LIGHT-DUTY VEHICLES
                                                           HCHO
            Pollutant              NMOG   CO  NO,  PM*    (formalde-
                                                            hyde)
50,000 mile standard	  0.075   3.4    0.2        0.015
100,000 mile standard	  0.090   4.2    0.3   0.08  0.018
 Standards are expressed in grams per mile (gpm).
 * Standards for participates (PMl shall apply only to diesel-fueled vehicles.
 In the case of the fiU.UOO mile standards and the 100,000 mile standards, (or purposes of certifi-
cation, the applicable useful life shall be 50.000 miles or 100,000 miles, respectively.

  (b) EXHAUST STANDARDS FOR LIGHT-DUTY TRUCKS OF MORE THAN
3,750 LBS. LVW AND UP TO 5,750  LBS. LVW AND UP TO 6,000 LBS.
GVWR.—The standards set forth  in this paragraph shall apply in
the  case of clean-fuel vehicles which  are light-duty trucks of more
than 3,7f>0 Ibs.  loaded  vehicle weight (LVW) but  not more  than

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277	CLEAN AIR  ACT	Sec. 243

5,750 Ibs.  LVW and  not more than  6,000 Ibs. gross weight rating
(GVWR):
      (1) PHASE i.—Beginning with  model year  1996, for the air
    pollutants specified in the following table, the clean-fuel vehi-
    cle standards  under this section shall provide that vehicle ex-
    haust emissions shall not exceed the levels specified in the fol-
    lowing table.

   PHASE I CLEAN FUEL  VEHICLE EMISSION STANDARDS FOR LIGHT-
   DUTY TRUCKS OF MORE THAN 3,750 Las. AND UP TO 5,750 LBS. LVW
   AND UP TO 6,000 LBS. GVWR
                                                             HCHO
             Pollutant                 NMOG   CO  NO,  PM' (formalde-
                                                             hyde)


50,000 mile standard	      0.160   4.4   0.7	     0.018
100,000 mile standard	      0.200   5.5   0.9   0.08     0.023

  Standards are expressed in grama per mile igpm).
  •Standards for particulates (PM) shall apply only to dieael-fuel vehicles.
  In the case of the 50,000 mile standards and the 100.000 standards, for purposes of certifi-
cation, the applicable useful life shall be 50,000 miles or 100,000 miles, respectively.
       (2) PHASE ii.—Beginning with model year  2001, for  the air
     pollutants specified in the following table, the clean-fuel vehi-
     cle standards  under this section shall provide that vehicle ex-
     haust emissions shall not exceed the levels specified in the fol-
     lowing table.

PHASE  II  CLEAN FUEL  VEHICLE EMISSION STANDARDS  FOR LIGHT-
  DUTY TRUCKS OF  MORE THAN 3,750  LBS. LVW AND UP TO 5,750
  LBS. LVW AND UP TO 6,000 LBS. GVWR
                                                            HCHO
            Pollutant             NMOG  CO  NO,  PM'    (formalde-
                                                             hyde)

50,000 mile standard	   0.100   4.4    0.4        0.018
100,000 mile standard	   0.130   5.5    0.5   0.08  0.023

  Standards are expressed in grams per mile (gpml.
  * Standards for participates (PM) shall apply only to diesel-fueled vehicles.
  In the case of the 50,000 mile standards and the 100,000 mile standards, for purposes of certifi-
cation, the applicable useful life shall be M.OOO miles or 100,000 miles, respectively.
  (c) EXHAUST STANDARDS FOR LIGHT-DUTY TRUCKS GREATER THAN
6,000 LBS. GVWR.—The standards set forth in  this subsection shall
apply in the case  of clean-fuel vehicles which are light-duty trucks
of more than 6,000 Ibs.  gross  weight rating (GVWR)  and less than
or equal to 8,500 Ibs. GVWR,  beginning with model year 1998.  For
the air pollutants specified in the following table, the clean-fuel ve-
hicle standards under this section shall provide  that vehicle  ex-
haust emissions of vehicles  within the test weight categories speci-
fied in  the following table shall not exceed  the levels  specified in
such table.

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 Sec. 243	CLEAN  AIR ACT	278

 CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT DUTY TRUCKS
                  GREATER THAN 6,000 LBS. GVWR

             Test Weight Category: Up to 3,750 Ibs. tw
                                                           HCHO
            Pollutant             NMOG   CO   NO,  PM'   (formalde-
                                                            hyde)

50,000 mile standard	   0.125    3.4 0.4"        0.015
120,000 mile standard	   0.180    5.0 0.6     0.08  0.022


  Test Weight Category: Above 3,750 but not above 5,750 Ibs. TW
                                                           HCHO
            Pollutant             NMOG  CO   NO,  PM*   (formalde-
                                                            hyde)

50,000 mile standard	   0.160    4.4 0.7"        0.018
120,000 mile standard	   0.230    6.4   1.0   0.10  0.027


  Test Weight Category: Above 5,750 TW but not above 8,500 Ibs.
                              GVWR
                                                           HCHO
            Pollutant             NMOG  CO   NO,  PM'   (formalde-
                                                            hyde)

50,000 mile standard	   0.195    5.0  1.1"        0.022
120,000 mile standard	   0.280    7.3   1.5   0.12  0.032

 Standards are expressed in grains per mile (gpm).
 * Standards for participates (PM) shall apply only to diesel-fueled vehicles.
 " Standard not applicable to diesel-fueled vehicles.
 For the 50,000 mile standards and the 120,000 mile standards set forth in the table, the appli-
cable useful life for purposes of certification shall be 50,000 miles or 120.000 miles, respectively.
  (d) FLEXIBLE AND DUAL-FUEL VEHICLES.—
      (1)  IN  GENERAL.—The  Administrator shall establish stand-
    ards and requirements under this section for the model year
     1996 and thereafter for vehicles weighing not more than 8,500
    Ibs.  gvwr which are capable of operating on more than  one
    fuel. Such standards shall require that such vehicles meet the
    exhaust standards applicable under subsection  (a), (b), and (c)
    for CO, NO,, and HCHO, and if appropriate, PM for single-fuel
    vehicles of the same vehicle category and model  year.
      (2) EXHAUST NMOG STANDARD FOR OPERATION ON CLEAN ALTER-
    NATIVE FUEL.—In addition to standards  for the pollutants  re-
    ferred  to in paragraph  (1),  the standards established under
     paragraph (1) shall require that vehicle exhaust  emissions of
     NMOG not exceed the levels (expressed in  grams per mile)

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279
CLEAN AIR ACT
Sec. 243
     specified in the tables below when  the vehicle  is operated on
     the clean alternative fuel for which such vehicle is certified:

   NMOG STANDARDS FOR FLEXIBLE- AND DUAL-FUELED VEHICLES
           WHEN OPERATING ON CLEAN ALTERNATIVE FUEL

 Light-duty Trucks up to 6,000 Ibs. GVWR and Light-duty  vehicles
                Vehicle Type
                  Column A      Column B
                  (50,000 mi.)     (100,000 mi.)
                   Standard      Standard
                    (gpm)          (gpm)
Beginning MY 1996:
LDT's (0-3,750 Ibs. LVW) and light-duty vehicles	     0.125          0.156
LDT's (3,751-5,750 Ibs. LVW)	     0.160          0.20
Beginning MY 2001:
LDT's (0-3,750 Ibs. LVW) and light-duty vehicles	     0.075          0.090
LDT's (3,751-5,750 Ibs. LVW)	     0.100          0.130

  For standards under column A, for purposes of certification under section 206, the applicable
useful life shall be 50,000 miles.
  For standards under column B, for purposes of certification under section 206, the applicable
useful life shall be 100,000 miles.


           Light-duty Trucks More than 6,000 Ibs. GVWR
Vehicle Type
Column A
(50,000 mi.)
Standard
Column B
(120,000
mi.)
Standard
Beginning MY 1998:
LDT's (0-3,750 Ibs. TW)	
LDT's (3,751-5,750 Ibs. TW)..
LDT's (above 5,750 Ibs. TW).
                         0.125
                         0.160
                         0.195
0.180
0.230
0.280
  For standards under column A, for purposes of certification under section 206. the applicable
useful life shall be 50,000 miles.
  For standards under column B, for purposes of certification under section 206, the applicable
useful life shall be 120,000 miles

       (3)  NMOG  STANDARD  FOR  OPERATION  ON  CONVENTIONAL
    FUEL.—In  addition  to the standards referred to  in paragraph
    (1), the standards established under  paragraph (1) shall  require
    that vehicle exhaust emissions of NMOG not exceed the levels
    (expressed in grams per mile) specified  in the tables below:

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 Sec. 243
CLEAN  AIR  ACT
   280
    NMOG STANDARDS FOR FLEXIBLE- AND DUAL-FUELED VEHICLES
             WHEN OPERATING ON CONVENTIONAL FUEL

     Light-duty Trucks of up to 6,000 Ibs. GVWR and Light-duty
                               vehicles
Vehicle Type
Column A
(50,000 mi.)
Standard
(gpm)
Column B
(100,000 mi.)
Standard
(gpm)
Beginning MY 1996:
LDT's (0-3,750 Ibs. LVW) and light-duty vehicles	     0.25
LDT's (3,751-5,750 Ibs. LVW)	     0.32
Beginning MY 2001
LDT's (0-3,750 Ibs. LVW) and light-duty vehicles	     0.125
LDT's (3,751-5,750 Ibs. LVW)	     0.160
                                 0.31
                                 0.40

                                 0.156
                                 0.200
  For standards under column A, for purposes of certification under section 206, the applicable
useful life shall be 50,000 miles.
  For standards under column B, for purposes of certification under section 206, the applicable
useful life shall be 100.000 miles.


            Light-duty Trucks of up to 6,000 Ibs. GVWR
Vehicle Type
Column A
(50,000 mi.)
Standard
Column B
(120,000
mi.)
Standard
Beginning MY 1998:
LDT's (0-3,750 Ibs. TW)	
LDT's (3,751-5,750 Ibs. TW)..
LDT's (above 5,750 Ibs. TW).
                        0.25
                        0.32
                        0.39
0.36
0.46
0.56
  For standards under column A, for purposes of certification under section 206, the applicable
useful life shall be 50,000 miles.
  For standards under column B, for purposes of certification under section 206, the applicable
useful life shall be 120,000 miles.
  (e) REPLACEMENT BY GARB STANDARDS.—
      (1) SINGLE SET OF GARB STANDARDS.—If the State of California
    promulgates  regulations  establishing  and  implementing  a
    single  set of standards applicable  in  California pursuant to a
    waiver approved under section 209 to any category of vehicles
    referred  to  in subsection (a), (b), (c), or (d) of this section and
    such set of standards is, in the aggregate, at least as protective
    of public health and welfare as the otherwise applicable stand-
    ards set forth in section 242 and  subsection (a), (b), (c), or (d) of
    this  section,  such set of  California standards shall  apply to
    clean-fuel vehicles  in such  category  in lieu  of the standards
    otherwise applicable  under section 242 and subsection (a), (b),
    (c), or (d) of this section, as the case may be.
      (2) MULTIPLE  SETS OF GARB STANDARDS.—-If the  State of Cali-
     fornia promulgates regulations establishing and implementing

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281	CLEAN AIR ACT	Sec. 244

    several different sets of standards applicable in California pur-
    suant to a waiver approved under section 209 to any category
    of vehicles referred to in subsection (a), (b), (c), or (d) of this sec-
    tion and each of such sets of California standards is, in the ag-
    gregate,  at least as  protective of public health and welfare as
    the otherwise applicable standards set forth in section 242 and
    subsection (a), (b), (c), or (d) of this section, such standards shall
    be treated as "qualifying California standards" for purposes of
    this paragraph. Where more  than one set of qualifying stand-
    ards are established and  administered  by the State of Califor-
    nia, the  least stringent set of qualifying California  standards
    shall apply to  the clean-fuel  vehicles concerned in lieu of the
    standards otherwise applicable to  such vehicles under section
    242 and this section.
  (f) LESS STRINGENT CARB STANDARDS.—If the Low-Emission Ve-
hicle and Clean Fuels Regulations of the California Air  Resources
Board  applicable to any category of vehicles referred to  in subsec-
tion (a), (b), (c), or  (d) of this  section are modified  after the enact-
ment of the Clean Air Act of 1990 to provide an emissions standard
which  is less stringent  than the otherwise  applicable standard set
forth in  subsection (a),  (b), (c), or (d),  or  if any effective date con-
tained  in such regulations is delayed,  such modified standards  or
such delay (or both, as the case may be) shall apply, for an interim
period, in lieu of the standard or effective date otherwise applicable
under subsection (a), (b), (c), or (d) to any vehicles covered by such
modified standard  or delayed effective date. The  interim  period
shall be a period of not  more than 2 model years from the effective
date otherwise applicable under subsection  (a), (b), (c), or (d). After
such interim period, the otherwise applicable standard set forth in
subsection  (a), (b), (c), or (d) shall take effect with respect to such
vehicles (unless subsequently replaced under subsection (e)).
  (g) NOT APPLICABLE TO HEAVY-DUTY VEHICLES.—Notwithstanding
any provision of the Low-Emission Vehicle and Clean Fuels Regula-
tions of the California Air Resources Board nothing in this section
shall apply to  heavy-duty engines in  vehicles of more than 8,500
Ibs. GVWR.
[42 U.S.C. 7583]
SEC. 244. ADMINISTRATION AND ENFORCEMENT AS  PER CALIFORNIA
           STANDARDS.
  Where the numerical clean-fuel vehicle  standards  applicable
under this  part to vehicles of not more than 8,500 Ibs. GVWR are
the same as  numerical emission standards applicable in California
under  the  Low-Emission Vehicle and  Clean Fuels Regulations of
the California Air Resources Board ("CARB"), such standards shall
be administered and enforced by the Administrator—
     (1) in the same manner  and with the same flexibility as the
    State of California administers and  enforces  corresponding
    standards  applicable  under  the   Low-Emission  Vehicle and
    Clean Fuels Regulations of the California Air Resources Board
    ("CARB"); and
     (2) subject to the  same requirements, and utilizing the same
    interpretations and  policy judgments, as are applicable in the
    case of such CARB standards, including, but not limited to, re-

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 Sec. 245
CLEAN AIR ACT
282
     quirements regarding certification, production-line testing, and
     in-use compliance,
 unless the Administrator determines (in promulgating the rules es-
 tablishing the clean fuel vehicle program under this section) that
 any such administration and enforcement would not meet the crite-
 ria for a waiver under  section  209. Nothing  in  this section shall
 apply in the case of standards under section 245 for heavy-duty ve-
 hicles.
 [42 U.S.C. 7584]
 SEC. 245. STANDARDS FOR HEAVY-DUTY CLEAN-FUEL VEHICLES (GVWR
           ABOVE 8,500 UP TO 26,000 LBS).
  (a) MODEL YEARS AFTER 1997; COMBINED NOX AND NMHC STAND-
 ARD.—For classes or categories  of heavy-duty vehicles or engines
 manufactured for the model year 1998 or thereafter and having a
 GVWR greater  than 8,500  Ibs.  and up to 26,000 Ibs. GVWR, the
 standards under this part for clean-fuel vehicles shall require that
 combined emissions of oxides of nitrogen (NOJ and nonmethane
 hydrocarbons (NMHC) shall not exceed 3.15 grams per brake horse-
 power  hour (equivalent  to  50  percent  of the combined emission
 standards applicable under section 202 for such air  pollutants  in
 the case of a conventional model year 1994 heavy-duty diesel-fueled
 vehicle  or engine).  No standard shall be promulgated as provided
 in this section for any heavy-duty vehicle of more than 26,000 Ibs.
GVWR.
  (b) REVISED STANDARDS THAT ARE LESS STRINGENT.—(1) The Ad-
 ministrator  may promulgate a revised less stringent standard for
 the vehicles or engines referred to in subsection (a) if the Adminis-
trator  determines that the 50  percent reduction required  under
subsection (a)  is not technologically feasible for clean diesel-fueled
 vehicles and engines,  taking  into  account durability,  costs,  lead
 time, safety, and other relevant factors.  To provide  adequate lead
 time the Administrator shall make a determination with regard to
the technological feasibility  of such 50 percent reduction before De-
cember 31, 1993.
  (2) Any person may at any time petition the Administrator  to
 make a determination  under  paragraph (1).  The Administrator
shall act on such a petition within 6 months after the petition is
 filed.
  (3) Any revised less stringent standards promulgated as provided
 in this subsection shall require  at least a 30  percent reduction  in
 lieu of the 50 percent reduction referred to in paragraph (1).
{42 U.S.C. 7585]
 SEC. 246. CENTRALLY FUELED FLEETS
  (a)  FLEET PROGRAM  REQUIRED FOR  CERTAIN NONATTAINMENT
 AREAS.—
      (1) SIP REVISION.—Each State in which there is located all or
    part of a  covered  area (as defined in   paragraph (2)) shall
    submit, within 42 months after the enactment of the Clean Air
    Act Amendments of 1990, a State  implementation  plan revi-
    sion under section  110 and part D of title I to establish a clean-
    fuel vehicle program for fleets under this section.

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283	CLEAN AIR  ACT	Sec. 246

      (2) COVERED AREAS.—For purposes of this subsection, each of
    the following shall be a "covered area":
          (A)  OZONE NONATTAINMENT AREAS.—Any ozone  nonat-
        tainment area with a  1980 population of 250,000 or more
        classified under subpart 2 of part D of title I of this Act as
        Serious, Severe, or Extreme based on data for the calendar
        years  1987, 1988, and 1989. In determining the ozone non-
        attainment areas to be treated as  covered  areas pursuant
        to this subparagraph, the Administrator shall use the most
        recent interpretation methodology issued by the Adminis-
        trator prior to the enactment of the Clean Air Act Amend-
        ments of 1990.
          (B)  CARBON  MONOXIDE  NONATTAINMENT  AREAS.—Any
        carbon monoxide nonattainment area with a 1980 popula-
        tion of  250,000  or more and a carbon  monoxide  design
        value  at or above 16.0 parts per million based on data for
        calendar years 1988  and 1989 (as  calculated according to
        the most recent interpretation methodology issued prior to
        enactment of the Clean Air Act Amendments of 1990 by
        the United States Environmental  Protection Agency),  ex-
        cluding  those  carbon  monoxide nonattainment  areas  in
        which mobile  sources do not contribute significantly  to
        carbon monoxide exceedances.
      (3) PLAN REVISIONS FOR RECLASSIFIED AREAS.—In the case of
    ozone nonattainment areas reclassified as  Serious, Severe,  or
    Extreme  under  part D of title I with a  1980 population  of
    250,000 or more, the  State shall submit a plan revision meeting
    the requirements of this subsection within 1 year after reclassi-
    fication. Such plan revision shall implement the requirements
    applicable under this subsection at the time of reclassification
    and thereafter, except that the Administrator may adjust for a
    limited period the deadlines for compliance where compliance
    with such  deadlines would be infeasible.
      (4) CONSULTATION; CONSIDERATION OF FACTORS.—Each State
    required to submit an implementation plan revision under this
    subsection shall develop  such  revision  in  consultation with
    fleet operators, vehicle manufacturers, fuel producers and dis-
    tributors,  motor  vehicle  fuel,  and other  interested  parties,
    taking into consideration operational range, specialty uses, ve-
    hicle and  fuel availability, costs, safety, resale values of vehi-
    cles and equipment and other relevant factors.
  (b)  PHASE-IN  OF REQUIREMENTS.—The  plan  revision  required
under this section shall contain provisions requiring that at least a
specified percentage of all new covered fleet vehicles in model year
1998 and thereafter purchased by each covered fleet operator in
each covered area shall  be clean-fuel vehicles and  shall use clean
alternative fuels when  operating in the covered area. For the appli-
cable model years (MY) specified in the following table and thereaf-
ter, the specified percentage  shall be as provided in the table for
the vehicle types set forth in the table:

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 Sec. 246
CLEAN AIR ACT
         284
     CLEAN FUEL VEHICLE PHASE-IN REQUIREMENTS FOR FLEETS
               Vehicle Type
               MY 1998  MY 1999  MY2000
 Light-duty trucks up to 6,000 Ibs. GVWR and light-
  duty vehicles	
 Heavy-duty trucks above 8,500 Ibs. GVWR	
                  30%
                  50%
50%
50%
70%
50%
  The term MY refers to model year.
  (c) ACCELERATED STANDARD FOR LIGHT-DUTY TRUCKS UP TO 6,000
LBS. GVWR  AND  LIGHT-DUTY  VEHICLES.—Notwithstanding  the
model  years for which clean-fuel vehicle standards are applicable
as provided in section 243, for purposes of this section, light duty
trucks of up to 6,000 Ibs. GVWR and light-duty vehicles manufac-
tured in model years 1998 through model year 2000 shall be treated
as clean-fuel vehicles only if such vehicles comply with the stand-
ards applicable under section 243 for vehicles in the same class for
the model year 2001. The requirements of subsection (b) shall take
effect on the earlier of the following:
      (1) The first model year after model year 1997 in which new
    light-duty  trucks up to  6,000 Ibs. GVWR and light-duty vehi-
    cles which comply with the  model year 2001 standards under
    section 243 are offered for sale in California.
      (2) Model year 2001.
Whenever the effective date of subsection (b) is delayed pursuant to
paragraph (1) of this subsection, the phase-in schedule under sub-
section  (b) shall be modified to commence  with the model year re-
ferred to in paragraph (1) in  lieu of model year 1998.
  (d) CHOICE OF VEHICLES AND FUEL.—-The  plan  revision under this
subsection shall provide that the choice of clean-fuel vehicles and
clean alternative fuels shall  be made by the covered fleet operator
subject to the requirements of this subsection.
  (e) AVAILABILITY OF  CLEAN ALTERNATIVE FUEL.—The plan revi-
sion shall require fuel  providers to make clean alternative fuel
available to covered fleet operators at locations at which covered
fleet vehicles are centrally fueled.
  (f) CREDITS.—
      (1)  ISSUANCE OF CREDITS.—The State plan revision  required
    under this section shall provide for the issuance by the State of
    appropriate credits to a  fleet operator for any of the following
    (or any combination thereof):
          (A) The purchase of more clean-fuel vehicles  than re-
        quired under this section.
          (B) The purchase of clean fuel vehicles which meet more
        stringent standards  established by the Administrator pur-
        suant to paragraph (4).
          (C) The purchase of vehicles in categories which are not
        covered by this section but  which meet standards estab-
        lished  for such vehicles under paragraph (4).
      (2) USK OK CREDITS; LIMITATIONS BASED ON WEIGHT CLASSES.—
          (A) USE OF CREDITS.—Credits under this subsection may
        be used by the person holding such credits to demonstrate
        compliance with this section or may be  traded or sold  for

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285	CLEAN AIR ACT	Sec. 246

        use by any other person to demonstrate compliance with
        other requirements applicable under  this section in the
        same nonattainment  area. Credits obtained at any  time
        may be held or banked for use at any later time, and when
        so used, such credits  shall maintain the same value as if
        used at an earlier date.
          (B) LIMITATIONS  BASED  ON WEIGHT  CLASSES.—Credits
        issued with respect to the purchase of vehicles of  up to
        8,500 Ibs. GVWR may not be  used to demonstrate compli-
        ance  by any  person  with the  requirements  applicable
        under this subsection to vehicles of more than 8,500 Ibs.
        GVWR. Credits issued with respect to  the purchase  of ve-
        hicles of more than 8,500 Ibs. GVWR may not be used to
        demonstrate compliance  by any person with  the require-
        ments applicable under this subsection to vehicles weigh-
        ing up to 8,500 Ibs. GVWR.
          (C) WEIGHTING.—Credits issued for purchase of a  clean
        fuel vehicle under this subsection shall  be  adjusted  with
        appropriate  weighting to reflect the level of emission re-
        duction achieved by the vehicle.
      (3)  REGULATIONS  AND ADMINISTRATION.—Within  12  months
    after the enactment of the Clean Air Act Amendments of 1990,
    the Administrator  shall promulgate regulations for such credit
    program. The State shall administer the credit program estab-
    lished under this subsection.
      (4) STANDARDS FOR ISSUING  CREDITS FOR CLEANER VEHICLES.—
    Solely for purposes of issuing credits under  paragraph (1KB),
    the Administrator  shall establish under this  paragraph stand-
    ards for Ultra-Low  Emission Vehicles  ("ULEV's) and  Zero
    Emissions Vehicles ("ZEV's) which shall  be more stringent
    than  those otherwise applicable to clean-fuel vehicles under
    this part. The Administrator shall  certify clean fuel vehicles as
    complying with such more stringent standards, and administer
    and enforce  such  more  stringent standards,  in  the  same
    manner as in the case of the otherwise applicable clean-fuel ve-
    hicle standards established under this section. The standards
    established by the  Administrator under this paragraph for ve-
    hicles  under 8,500 Ibs. GVWR or greater shall  conform  as
    closely as possible to standards which are established by the
    State of California for ULEV and ZEV vehicles in the same
    class. For vehicles of 8,500 Ibs. GVWR  or  more, the Adminis-
    trator  shall promulgate comparable standards for purposes of
    this subsection.
      (5) EARLY FLEET CREDITS.—The State plan revision shall pro-
    vide credits under this subsection to fleet  operators that pur-
    chase vehicles certified to meet clean-fuel vehicle standards
    under  this part during any period after approval of the plan
    revision  and  prior to the effective date of the  fleet program
    under this section.
  (g) AVAILABILITY TO THE PUBLIC.—At any facility owned or oper-
ated by a  department, agency, or instrumentality of  the United
States where vehicles subject  to this subsection are  supplied with
clean alternative fuel, such fuel shall be offered for  sale to the

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 Sec. 247
CLEAN AIR ACT
286
 public for use in other vehicles  during reasonable business times
 and subject to national security concerns, unless such fuel is com-
 mercially available for vehicles in the  vicinity of such Federal fa-
 cilities.
  (h) TRANSPORTATION CONTROL  MEASURES.—The  Administrator
 shall by rule, within 1 year after the enactment of the Clean Air
 Act Amendments of 1990, ensure that  certain transportation con-
 trol measures including time-cf-day or day-of-week restrictions, and
 other similar  measures that restrict vehicle usage, do not  apply to
 any clean-fuel vehicle  that meets the requirements of this section.
 This subsection shall apply notwithstanding title I.
 (42 U.S.C. 7586]
 SEC. 247. VEHICLE CONVERSIONS.
  (a) CONVERSION OF EXISTING AND NEW CONVENTIONAL VEHICLES
 TO CLEAN-FUEL VEHICLES.—The requirements of section 246 may be
 met through the conversion of existing or new  gasoline or diesel-
 powered vehicles to clean-fuel vehicles  which comply with the ap-
 plicable requirements  of that section. For purposes of such  provi-
 sions the conversion of a vehicle to clean fuel vehicle shall  be treat-
 ed as the purchase of a  clean fuel vehicle.  Nothing in this part
 shall be construed to provide that any  covered fleet operator sub-
ject  to fleet vehicle purchase requirements under section 246 shall
 be required to convert existing or new gasoline or  diesel-powered
 vehicles to clean-fuel vehicles or to purchase converted vehicles.
  (b) REGULATIONS.—The Administrator  shall, within 24  months
 after the enactment of the  Clean Air  Act Amendments  of 1990,
 consistent with the requirements of this title applicable to new ve-
 hicles, promulgate regulations governing conversions of convention-
 al vehicles to clean-fuel vehicles. Such regulations shall establish
criteria for such conversions which will  ensure that a converted ve-
 hicle will comply with the standards applicable  under this part to
clean-fuel vehicles.  Such regulations shall provide for the  applica-
 tion to such conversions of the same provisions of this title (includ-
 ing provisions relating to administration enforcement) as are appli-
cable to standards under section 242, 243, 244, and 245, except that
 in the case of conversions the Administrator may modify the appli-
cable regulations implementing such provisions as the Administra-
 tor deems necessary to implement this part.
  (c) ENFORCEMENT.—Any person  who converts conventional vehi-
cles  to clean fuel vehicles pursuant to subsection (b), shall be con-
sidered a manufacturer for purposes of sections 206 and 207 and re-
 lated enforcement provisions. Nothing  in the preceding sentence
shall require a person who performs such conversions to  warrant
any  part or operation of a vehicle other than as required under
this  part. Nothing in this paragraph shall limit the applicability o)
any other warranty to  unrelated parts or operations.
  (d) TAMPERING.—The conversion from  a vehicle capable of operat
 ing on gasoline or diesel fuel only to a  clean-fuel vehicle shall nc
be considered a violation of section 203(aX3) if such conversion con
 plies with the regulations promulgated under subsection (b).
  (e) SAFETY.—The  Secretary of Transportation shall, if necessary,
 promulgate  rules under applicable motor vehicle laws regardin

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287	CLEAN AIR ACT	Sec. 248

the safety of vehicles converted from existing and new vehicles to
clean-fuel vehicles.
[42 U.S.C. 7587]
SEC. 248. FEDERAL AGENCY FLEETS.
  (a)  ADDITIONAL  PROVISIONS APPLICABLE.—The  provisions of this
section shall apply, in addition to  the other provisions of this part,
in the case of covered fleet vehicles  owned or operated by an
agency,  department,  or instrumentality of the  United  States,
except as otherwise provided in subsection (e).
  (b) COST OF VEHICLES TO  FEDERAL AGENCY.—Notwithstanding the
provisions of section 211 of the Federal Property and Administra-
tive Services Act of  1949, the Administrator of General Services
shall  not include the incremental costs  of clean-fuel vehicles in the
amount to be reimbursed by Federal agencies if the Administrator
of General Services determines that appropriations provided pursu-
ant to this paragraph are sufficient to  provide for the incremental
cost of such vehicles over the cost of comparable conventional vehi-
cles.
  (c) LIMITATIONS  ON  APPROPRIATIONS.—Funds appropriated pursu-
ant to the authorization under this paragraph shall be  applicable
only—
      (1) to the portion of the cost of acquisition, maintenance and
    operation of vehicles acquired under this subparagraph which
    exceeds the cost of acquisition,  maintenance and operation of
    comparable conventional vehicles;
      (2) to the portion of the costs of  fuel storage and dispensing
    equipment   attributable  to  such vehicles which exceeds the
    costs for such purposes required for conventional vehicles; and
      (3) to the portion of the costs of acquisition of clean-fuel vehi-
    cles which  represents a reduction in revenue from the disposal
    of such vehicles as compared to revenue resulting from the dis-
    posal of comparable conventional vehicles.
  (d)  VEHICLE  COSTS.—The incremental cost of vehicles acquired
under this part over the cost of comparable conventional vehicles
shall not be applied to any calculation  with respect to a limitation
under law on the  maximum cost of individual vehicles which may
be required by  the United States.
  (e) EXEMPTIONS.—The requirements of this part shall not apply
to vehicles with respect to  which the Secretary of Defense has cer-
tified to  the Administrator that an  exemption is needed based on
national  security consideration.
  (f) ACQUISITION  REQUIREMENT.—Federal agencies, to  the extent
practicable, shall  obtain clean-fuel  vehicles  from original equip-
ment manufacturers.
  (g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated such sums as may be required to carry out the pro-
visions of this  section: Provided, That  such sums as are appropri-
ated for the Administrator of General Services pursuant to the au-
thorization under this section shall be added to the General Supply
Fund established in section  109 of the Federal Property and Ad-
ministrative Services Act of 1949.
(42 U.S.C. 7588]

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Sec. 249	CLEAN AIR ACT	288

SEC. 249. CALIFORNIA PILOT TEST PROGRAM.
  (a)  ESTABLISHMENT.—The Administrator  shall  establish a pilot
program in the State of California to demonstrate the effectiveness
of clean-fuel vehicles in controlling air pollution  in ozone  nonat-
tainment areas.
  (b) APPLICABILITY.—The provisions of this section shall only apply
to light-duty trucks and light-duty vehicles, and such provisions
shall  apply only in the  State of California, except as provided in
subsection  (f).
  (c) PROGRAM REQUIREMENTS.—Not later than 24 months after the
enactment of the Clean Air Act Amendments of 1990, the Adminis-
trator shall promulgate  regulations establishing requirements
under this  section applicable in the State of California. The regula-
tions shall  provide the following:
      (1) CLEAN-FUEL VEHICLES.—Clean-fuel  vehicles shall be pro-
    duced,  sold,  and distributed (in accordance with normal busi-
    ness practices and applicable franchise agreements) to ultimate
    purchasers in California (including owners of covered fleets re-
    ferred  to in section  246) in numbers that meet or exceed the
    following schedule:
                                                      Number of
                    Model Years                        Clean-Fuel
    	Vehicles

19%, 1997,1998	 150,000 vehicles
1999 and thereafter	 300,000 vehicles
      (2) CLEAN ALTERNATIVE FUELS.—(A) Within 2 years after the
    enactment of the Clean Air Act Amendments of 1990, the State
    of California shall  submit a revision  of the applicable imple-
    mentation plan under part D of title 1 and section 110 contain-
    ing a clean fuel plan that requires that clean alternative fuels
    on which the clean-fuel vehicles required under this paragraph
    can operate shall be produced and distributed by fuel suppliers
    and  made available in California. At a minimum, sufficient
    clean alternative fuels shall be produced, distributed and made
    available to assure that all clean-fuel vehicles required under
    this  section can operate, to the maximum extent practicable,
    exclusively on such fuels  in California. The State shall require
    that clean alternative fuels be made available and  offered for
    sale  at an adequate  number  of locations  with sufficient geo-
    graphic distribution to ensure  convenient refueling  with clean
    alternative fuels, considering the number of, and type of, such
    vehicles sold and the geographic distribution of such vehicles
    within the State. The State shall determine the clean alterna-
    tive fuels to be produced, distributed, and made available based
    on motor  vehicle manufacturers' projections of future sales of
    such vehicles and consultations with the affected local govern-
    ments and fuel suppliers.
      (B) The  State may by regulation grant persons subject to the
    requirements prescribed under this paragraph an appropriate

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289	CLEAN AIR ACT	Sec. 249

    amount of credits for exceeding such requirements, and any
    person granted credits may transfer some or all of the credits
    for use by one or more  persons in demonstrating compliance
    with such requirements. The State may make the credits avail-
    able for use after consideration of enforceability, environmen-
    tal, and economic factors and  upon such terms and conditions
    as the State finds appropriate.
      (C) The State may also by regulation establish specifications
    for any clean alternative  fuel produced and made available
    under this paragraph as  the State finds necessary to reduce or
    eliminate an unreasonable risk to public health, welfare, or
    safety associated  with its use  or to ensure acceptable vehicle
    maintenance and performance characteristics.
      (D) If a retail gasoline  dispensing  facility would have to
    remove or replace one or more motor vehicle fuel underground
    storage tanks and  accompanying piping  in  order to comply
    with the provisions of this  section, and it had removed and re-
    placed such tank or tanks and  accompanying piping in order to
    comply with subtitle I of the Solid Waste Disposal Act prior to
    the date of the enactment of the Clean  Air Act Amendments of
    1990,  it shall not be  required to comply with this subsection
    until a  period of 7 years has  passed from the date of the re-
    moval and replacement of such tank or tanks.
      (E) Nothing in  this section authorizes any  State other than
    California to adopt provisions regarding clean alternative fuels.
      (F) If the State of California fails to adopt a clean fuel pro-
    gram that meets  the  requirements  of this paragraph,  the Ad-
    ministrator shall, within 4 years after the  enactment of the
    Clean Air Act Amendments of 1990, establish a clean fuel pro-
    gram for the State of California under  this paragraph and sec-
    tion 110(c) that meets  the requirements of this paragraph.
  (d) CREDITS  FOR  MOTOR VEHICLE MANUFACTURERS.—(1)  The Ad-
ministrator may (by regulation) grant a motor vehicle manufactur-
er an  appropriate amount of  credits  toward fulfillment of such
manufacturer's share  of the requirements of subsection (cKD of this
section for any of the following (or  any combination thereof):
      (A) The sale of  more clean-fuel vehicles than required under
    subsection (c)(l) of this section.
      (B) The sale of  clean fuel vehicles which meet standards es-
    tablished by the  Administrator as  provided  in paragraph (3)
    which are more stringent than the clean-fuel vehicle standards
    otherwise applicable to such clean-fuel vehicle. A manufactur-
    er granted credits under  this paragraph may transfer some or
    ail of the credits  for use  by one or  more other manufacturers
    in demonstrating  compliance with the requirements prescribed
    under this paragraph. The  Administrator may make the cred-
    its available for use after consideration of enforceability, envi-
    ronmental, and economic factors and upon such terms and con-
    ditions as he finds appropriate. The Administrator shall  grant
    credits in  accordance with this paragraph, notwithstanding
    any requirements of State  law or any credits granted with re-
    spect to the same  vehicles under any State law, rule, or regula-
    tion.

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 Sec. 249	CLEAN AIR ACT	290

  (2) REGULATIONS AND ADMINISTRATION.—The Administrator shall
 administer the credit program established  under this subsection.
 Within 12  months  after the  enactment  of the Clean  Air Act
 Amendments of 1990, the Administrator shall promulgate regula-
 tions for such credit program.
  (3) STANDARDS FOR  ISSUING CREDITS FOR CLEANER VEHICLES.—The
 more stringent  standards and other requirements  (including re-
 quirements relating to the weighting of credits) established by the
 Administrator for purposes of the credit program under 245(e) (re-
 lating to credits for clean fuel vehicles in the fleets program) shall
 also apply for purposes of the credit program under this paragraph.
  (e) PROGRAM EVALUATION.—(1) Not later than June 30, 1994 and
 again in connection with the report under  paragraph (2), the Ad-
 ministrator shall provide a report to the Congress on the status of
 the California Air  Resources  Board  Low-Emissions Vehicles and
 Clean Fuels Program. Such report  shall examine  the capability,
 from a  technological  standpoint, of motor  vehicle  manufacturers
 and motor vehicle fuel suppliers to comply  with the requirements
 of such program and  with the requirements of the California Pilot
 Program under this section.
  (2) Not later than June 30, 1998, the Administrator shall com-
 plete and submit a report to Congress  on the effectiveness of the
 California pilot program under this section. The report shall evalu-
 ate the level of emission reductions achieved under the program,
 the costs of the program, the advantages and disadvantages of ex-
 tending the program to other nonattainment areas, and desirability
 of continuing or expanding the program in California.
  (3) The program under this section cannot be extended or termi-
 nated by the Administrator except by Act of Congress enacted after
 the date of the Clean Air Act Amendments  of 1990. Section 177 of
this Act does not apply to the program under this section.
  (f) VOLUNTARY OPT-!N FOR OTHER STATES.—
      (1) EPA REGULATIONS.—Not later than 2 years after the en-
    actment of the Clean Air Act Amendments of 1990, the Admin-
    istrator shall promulgate regulations establishing a voluntary
    opt-in program under this subsection pursuant to which—
         (A) clean-fuel vehicles  which are required to be  pro-
        duced,  sold,  and distributed in  the State of  California
        under this section, and
         (B) clean alternative fuels  required to  be produced and
        distributed  under this section by fuel suppliers and made
        available in California
    may also be sold  and used  in other States which submit plan
    revisions under paragraph (2).
     (2) PLAN REVISIONS.—Any State in which there is located all
    or  part of an ozone  nonattainment area classified under  sub-
    part D of title I as Serious, Severe, or Extreme may submit a
    revision of the applicable implementation plan under part  D of
    title I and section 110 to provide incentives for the sale or use
    in such  an area or State of clean-fuel vehicles which are re-
    quired to be produced, sold, and distributed in the State  of
    California, and  for the use in such an area or State  of clean
    alternative fuels  required to be produced  and  distributed by

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291	CLEAN AIR ACT   	Sec. 250

    fuel suppliers and made available in California. Such plan pro-
    visions shall not take effect until 1 year after the State has
    provided notice of such provisions to motor vehicle  manufac-
    turers and to fuel suppliers.
      (3) INCENTIVES.—The incentives referred to in paragraph (2)
    may include any or all of the following:
          (A) A State registration fee on new motor vehicles regis-
        tered in the State which are not clean-fuel vehicles in the
        amount of at least 1 percent of the cost of the vehicle. The
        proceeds of such fee; shall be used to provide financial in-
        centives to purchasers of clean-fuel vehicles and to vehicle
        dealers who  sell high  volumes  or  high  percentages of
        clean-fuel vehicles and to defray  the administrative  costs
        of the incentive program.
          (B) Provisions to  exempt clean-fuel vehicles from  high
        occupancy vehicle or trip reduction requirements.
          (C) -Provisions to provide preference in the use of exist-
        ing parking spaces for clean-fuel vehicles.
    The incentives  under this paragraph shall not  apply in the
    case of covered fleet vehicles.
      (4) No SALES OR PRODUCTION  MANDATE.—The regulations and
    plan revisions under paragraphs  (1) and (2) shall not include
    any production  or  sales  mandate  for clean-fuel vehicles or
    clean alternative fuels.  Such  regulations and plan  revisions
    shall also provide that vehicle manufacturers and fuel suppli-
    ers may not be subject to penalties or sanctions for failing to
    produce or sell clean-fuel vehicles or clean alternative fuels.
[42 U.S.C. 7589]
SEC. 250. GENERAL PROVISIONS.
  (a) STATE REFUELING FACILITIES.—If any State adopts enforceable
provisions in an implementation plan applicable to a nonattain-
ment area which provides that existing State refueling facilities
will be made available to the public for the purchase of clean alter-
native fuels or that State-operated refueling facilities for such fuels
will be constructed and operated by the State and  made  available
to the public at reasonable times, taking into consideration safety,
costs, and other relevant factors, in approving such  plan under sec-
tion 110 and part D, the Administrator may credit a State with the
emission reductions for purposes of part D attributable to such ac-
tions.
  (b) No PRODUCTION MANDATE.—The Administrator shall have no
authority under this part to mandate the production of clean-fuel
vehicles except as provided in the California  pilot test program or
to specify as applicable the models, lines, or types of, or marketing
or price practices, policies, or strategies for, vehicles subject to this
part.  Nothing in this part shall be construed to give the  Adminis-
trator authority to  mandate marketing or pricing practices, poli-
cies, or strategies for fuels.
  (c) TANK AND FUEL SYSTEM SAFETY.—The Secretary of Transpor-
tation shall, in accordance with the National  Motor Vehicle Traffic
Safety Act of 1966, promulgate applicable regulations regarding the
safety and use of fuel storage cylinders and fuel  systems,  including
appropriate testing and  retesting, in conversions of motor vehicles.

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 Sec. 301	CLEAN AIR ACT	292

   (d) CONSULTATION WITH DEPARTMENT OF ENERGY AND DEPART-
 MENT  OF TRANSPORTATION.—The  Administrator shall  coordinate
 with the Secretaries of the Department of Energy and the Depart-
 ment of Transportation in carrying out the Administrator's duties
 under this part.
 [42 U.S.C. 7590]

                     TITLE III-GENERAL

                        ADMINISTRATION

  SEC. 301. (aXl) The Administrator is authorized to prescribe such
regulations as are necessary to carry out his functions under this
Act. The Administrator may delegate to any officer or employee of
the  Environmental Protection Agency such  of his powers  and
duties  under this Act,  except the making of regulations subject to
section 307(d), as he may deem necessary or expedient.
  (2) Not later  than one year after the date of enactment of this
paragraph, the Administrator shall promulgate regulations estab-
lishing general  applicable procedures and policies for regional offi-
cers and  employees  (including the  Regional  Administrator)  to
follow  in carrying out a  delegation under  paragraph (1), if any.
Such regulations shall be designed—
      (A) to assure fairness and uniformity in the criteria,  proce-
    dures, and policies applied  by the various regions in  imple-
    menting and enforcing the Act;
      (B) to  assure at least an  adequate  quality audit of each
    State's performance and  adherence to the requirements of this
    Act in implementing and enforcing the Act, particularly in the
    review of new sources and in enforcement of the Act; and
      (C) to  provide a mechanism for identifying and standardizing
    inconsistent or varying criteria, procedures, and policies being
    employed by such officers and employees in  implementing and
    enforcing the Act.
  (b) Upon the request of an air pollution control agency, personnel
of the  Environmental  Protection  Agency may be detailed to such
agency for the  purpose of carrying out  the  provisions of this Act.
  (c) Payments  under grants  made under this Act may be made in
installments, and in advance or by way of reimbursement, as may
be determined by the Administrator.
  (d) TRIBAL AUTHORITY.—(1) Subject to the provisions of paragraph
(2), the Administrator—
      (A) is authorized to treat Indian tribes as States  under this
    Act, except for purposes  of the requirement that makes avail-
    able for application by each  State  no less than one-half of 1
    percent  of annual appropriations under section 105; and
      (B) may provide any such Indian tribe grant and contract as-
    sistance to carry out functions provided by  this Act.
  (2) The  Administrator shall  promulgate  regulations within 18
months after the  date of the enactment of  the Clean  Air  Act
Amendments of 1990,  specifying  those  provisions of this Act  for
which  it is appropriate to treat Indian tribes as States. Such treat-
ment shall be authorized only if—

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293	CLEAN AIR ACT	Sec. 302

      (A) the Indian tribe has a governing body carrying out sub-
    stantial governmental duties and powers;
      (B) the functions to be exercised by the Indian tribe pertain
    to the management and protection of air resources within the
    exterior  boundaries of the reservation or other areas within
    the tribe's jurisdiction; and
      (C) the Indian tribe is reasonably  expected to be capable, in
    the judgment of the  Administrator, of carrying out  the  func-
    tions to  be  exercised in a manner  consistent  with  the terms
    and purposes of this Act and all applicable regulations.
  (3) The Administrator may promulgate regulations which estab-
lish the elements of tribal implementation  plans  and procedures
for approval  or disapproval of tribal implementation plans and por-
tions thereof.
  (4) In any  case in which the Administrator determines that the
treatment of Indian tribes as identical to States is inappropriate or
administratively infeasible, the Administrator may provide, by reg-
ulation, other means by which the Administrator will directly ad-
minister such provisions so as to achieve the appropriate purpose.
  (5) Until such time as the Administrator promulgates regulations
pursuant to  this subsection,  the  Administrator may continue to
provide financial assistance to eligible Indian tribes under section
105.
(42 U.S.C. 7601]

                          DEFINITIONS

  SEC. 302. When used in  this Act—
  (a) The term  "Administrator" means  the Administrator of the
Environmental Protection Agency.
  (b) The term "air pollution control agency" means any of the fol-
lowing:
      (1) A single State agency designated by the Governor of that
    State as  the official State air  pollution control agency for pur-
    poses of this Act.
      (2) An  agency established by two or more States and having
    substantial  powers or duties pertaining to the prevention and
    control of air pollution.
      (3) A city, county, or other local government health author-
    ity, or, in the case of any city, county, or other local govern-
    ment in  which there is an agency other than the health au-
    thority charged with  responsibility for enforcing ordinances or
    laws  relating to the  prevention  and control  of air  pollution,
    such other agency.
      (4) An agency of two or more municipalities located in the
    same State  or in different  States and  having substantial
    powers or duties  pertaining to the  prevention and  control of
    air pollution.
      (5) An  agency of an Indian tribe.
  (c) The term "interstate air pollution control agency" means—
      (1)  an  air pollution  control agency established by two or
    more States, or
      (2) an air  pollution  control agency  of two or more municipali-
    ties located  in different States.

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Sec. 302	CLEAN AIR ACT	294

  (d) The term "State" means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin  Islands, Guam, and
American Samoa and includes the Commonwealth of the Northern
Mariana Islands.
  (e) The term "person" includes an individual, corporation, part-
nership, association, State, municipality, political subdivision of a
State,  and  any  agency,  department,  or  instrumentality  of  the
United States and any officer, agent, or employee thereof.
  (f) The term "municipality" means a city, town, borough, county,
parish, district, or other public body  created by or pursuant to
State law.
  (g) The term "air pollutant" means any air pollution  agent or
combination of such agents, including any physical, chemical, bio-
logical, radioactive (including source material, special nuclear ma-
terial,  and byproduct material) substance or matter which is emit-
ted into or  otherwise enters the ambient air. Such  term includes
any precursors to the formation of any air pollutant, to the extent
the Administrator has identified such  precursor or precursors for
the particular purpose for which the term "air pollutant" is used.
  (h) All language referring to effects on welfare includes, but is
not limited  to, effects on soils, water, crops, vegetation, man-made
materials,  animals,  wildlife,  weather,  visibility,  and  climate,
damage to and deterioration of property, and hazards to transpor-
tation, as well as effects on economic values and on  personal com-
fort and well-being, whether caused  by transformation, conversion,
or combination with other air pollutants.
  (i) The term "Federal land manager" means, with respect to any
lands in the United States, the Secretary of the department with
authority over such lands.
  (j) Except  as otherwise expressly provided, the terms "major sta-
tionary source" and "major emitting facility"  mean any stationary
facility or source of air  pollutants which directly emits, or has the
potential to  emit, one hundred tons per year or more of any air pol-
lutant  (including any major emitting facility  or source of fugitive
emissions of any such pollutant, as determined by rule by the Ad-
ministrator).
  (k) The terms "emission limitation" and  "emission standard"
mean a requirement established by the State or the Administrator
which  limits the quantity, rate, or concentration of emissions of air
pollutants on  a continuous basis, including any requirement relat-
ing to  the operation or maintenance of a source to assure continu-
ous emission reduction, and any design, equipment,  work practice
or operational standard  promulgated under this Act.. *
  (1) The term "standard of performance" means a requirement of
continuous emission reduction, including any  requirement relating
to the  operation  or maintenance of a source  to assure continuous
emission reduction.
  (m) The term "means of emission  limitation" means a system of
continuous emission reduction < including the use of specific tech-
nology or fuels with specified pollution characteristics).
  1 So in original. Second period added by PL 101-549, sec. 302(e), 104 Stat. 2574.

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295	CLEAN AIR ACT	Sec. 302

  (n) The term "primary  standard attainment date" means the
date specified in the applicable implementation plan for the attain-
ment of a national primary ambient air quality standard for any
air pollutant.
  (o) The term "delayed compliance order" means an order issued
by  the State or  by the  Administrator to an existing stationary
source, postponing the date required under  an applicable imple-
mentation plan for compliance by such source with any  require-
ment of such plan.
  (p) The term "schedule and timetable of compliance"  means a
schedule of required measures  including an enforceable sequence of
actions or operations leading to compliance with an emission  limi-
tation, other limitation, prohibition, or standard.
  (q) For purposes of this Act, the term  "applicable implementation
plan" means the portion (or portions) of the implementation plan,
or most recent revision thereof,  which has been approved under
section 110,  or promulgated under section 110(c), or promulgated or
approved pursuant to regulations promulgated under section 301(d)
and which implements the relevant requirements of this Act.
  (r) INDIAN TRIBE.—The  term "Indian tribe" means any Indian
tribe, band,  nation, or other organized group or community, includ-
ing any Alaska Native village, which is Federally recognized as eli-
gible for the special programs  and services provided by the United
States to Indians because of their status as Indians.
  (s) VOC.—The term "VOC" means volatile organic compound, as
defined by the Administrator.
  (t) PM-10.—The term "PM-10" means  particulate matter  with
an aerodynamic diameter less  than or  equal to a nominal ten mi-
crometers, as measured by such method as the Administrator may
determine.
  (u) NAAQS AND CTG.—The  term "NAAQS" means national am-
bient air quality standard. The term "CTG" means a Control Tech-
nique Guideline published by the Administrator under section 108.
  (v) NO,.—The term "NOX" means oxides  of nitrogen.
  (w) CO.—The term "CO" means carbon monoxide.
  (x) SMALL SOURCE.—The term  "small source"  means a source
that emits less than 100  tons  of regulated pollutants per year, or
any class of persons that the  Administrator  determines, through
regulation, generally lack  technical ability or  knowledge regarding
control of air pollution.
  (y) FEDERAL IMPLEMENTATION PLAN.—The term "Federal imple-
mentation plan" means a plan (or portion  thereof) promulgated by
the Administrator to fill all or a portion of a gap or otherwise cor-
rect all or a portion of an inadequacy  in  a State implementation
plan, and which includes enforceable emission limitations or other
control measures,  means or techniques (including economic incen-
tives, such as marketable permits or auctions of emissions allow-
ances), and provides for attainment of the relevant  national ambi-
ent air quality standard.
  (z) STATIONARY SOURCE.—The  term  "stationary source" means
generally any source of an air pollutant except those emissions re-
sulting directly from an internal combustion engine  for transporta-

-------
 Sec. 303	CLEAN AIR ACT	296

 tion purposes or from a nonroad engine or nonroad vehicle as de-
 fined in section 216.
 (42 U.S.C. 7602]

                        EMERGENCY POWERS

   SEC. 303. Notwithstanding  any other provisions of this Act, the
 Administrator upon receipt of evidence that  a pollution source or
 combination of sources (including moving sources) is presenting an
 imminent and substantial endangerment to public health  or  wel-
 fare, or  the environmentl, may bring suit on behalf of the United
 States in the  appropriate United States district court to immediate-
 ly restrain any person causing or contributing to  the alleged pollu-
 tion to stop the emission of air  pollutants causing or contributing
 to such pollution or to take such other action as may be necessary.
 If it is not practicable to assure  prompt protection of public health
 or welfare or the environment  by  commencement of such a  civil
 action, the Administrator may issue such orders  as may be neces-
 sary to protect public health or  welfare or the environment. Prior
 to taking any action  under this section, the  Administrator shall
 consult with appropriate State and local authorities and attempt to
 confirm  the  accuracy of the information on which the action  pro-
 posed to be taken is based. Any  order issued by the Administrator
 under this section  shall  be  effective upon  issuance and shall
 remain in effect for a period of  not more than 60 days, unless the
 Administrator brings an action  pursuant  to  the first sentence of
 this section before the expiration of that period. Whenever the Ad-
 ministrator brings such an action within  the 60-day period, such
order shall remain in effect for  an additional 14 days or for such
 longer period as may be authorized  by the  court in which such
action is brought.
[42 U.S.C. 7603]

                           CITIZEN SUITS

  SEC. 304. (a) Except as provided in subsection (b), any person may
commence a civil action on his own behalf—
      (1) against any person (including (i) the United States,  and
    (ii) any other governmental instrumentality  or agency  to the
    extent permitted by the Eleventh Amendment to the Constitu-
    tion) who is alleged to have violated (if thre is evidence that
    the alleged violation has been repeated) or 2  to be in violation
    of (A) an emission standard  or limitation  under this Act or (B)
    an order  issued by the Administrator or a State with respect to
    such a standard or limitation,
  1 PX. 101-549, sec. 7CKUI, 104 Stat. 2681, amended sec. 303 by striking "the health of persons
and that appropriate State or local authorites have not acted to abate such sources" and insert-
ing "public health or welfare, or the environment". The striken phrase should have included a
comma after the word "persons".
  'Section 707(g>, 104 Stat. 2683 of PI,  101-549 added the language "to have violated (if there
is evidence that the alleged violation has been repeated) or" immediately before "to be in viola-
tion" in paragraphs (1) and (3>- The amendment takes effect with respect to actions brought
after the date 2 years after the enactment of the Clean Air Act Amendments of 1990.

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 297	CLEAN AIR ACT	Sec. 304

       (2) against the Administrator where there is alleged a failure
     of the Administrator to perform any act or duty under this Act
     which is not discretionary with the Administrator, or
       (3) against any  person who  proposes  to  construct or con-
     structs any new or modified major emitting facility without a
     permit required under part C of title I (relating to significant
     deterioration of air quality) or part D of title I (relating to non-
     attainment) or  who is alleged  ' to be in violation of any condi-
     tion of such permit.
 The district courts  shall have jurisdiction, without regard to the
 amount in controversy or the citizenship of the parties, to enforce
 such an emission standard or limitation, or  such an order,  or  to
 order the Administrator to perform such act or duty,  as  the case
 may be, and to apply any appropriate civil penalties (except for ac-
 tions under paragraph  (2)). The district courts of the United States
 shall have jurisdiction  to compel (consistent with paragraph  (2)  of
 this subsection) agency action unreasonably delayed, except that an
 action to compel agency action referred to in section 307(b) which is
 unreasonably delayed may  only be filed in a United States District
 Court within  the circuit in which such action would be reviewable
 under sction  3Q7(b). In  any  such action for unreasonble  delay,
 notice to the entities referred to in subsection (b)(l)(A) shall be pro-
 vided 180 days before commencing  such action.
  (b) No action may be  commenced—
       (1) under subsection (a)(l)—
          (A) prior  to 60 days after the plaintiff has given  notice of
         the violation (i)  to the Administrator, (ii) to the  State  in
         which the violation occurs, and (iii) to any alleged violator
         of the standard, limitation, or order, or
          (B) if the Administrator or State has commenced and is
         diligently prosecuting a  civil  action in a  court of the
         United States  or a State  to require  compliance  with the
         standard, limitation, or order, but in  any such action in a
         court of  the United States any person may intervene as a
         matter of right.2
      (2) under subsection (a)(2) prior to  60  days after the plaintiff
     has given notice of such action to the Administrator,
 except that such action may be brought immediately after such no-
 tification in the case of an action under this section respecting a
 violation of section 112(iX3XA) or (fX4) or  an order issued by the Ad-
 ministrator pursuant to section 113(a). Notice under this subsection
 shall be given in  such manner as the Administrator shall  prescribe
 by regulation.
  (c)(l) Any action  respecting a violation by a stationary  source  of
 an  emission standard  or limitation  or  an order respecting such
 standard or limitation  may be brought only in the judicial district
 in which such source is located.
  (2j In any action  under this section, the Administrator, if  not a
 party, may intervene as a  matter  of right at  any time in the pro-
ceeding. A judgment in an action  under  this  section to which the
  1 See footnote on page 297
  1 So in law. Period probably should be a comma.

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 Sec. 304                   CLEAN AIR ACT
 United States is not a party shall not, however, have any binding
 effect upon the United States.
  (3) Whenever any action is brought  under this section the plain-
 tiff shall serve a copy of the complaint on the Attorney General of
 the United States and on the Administrator. No consent judgment
 shall be entered in an action brought under this section in which
 the United States is not a party prior to 45 days following the re-
 ceipt of a copy of the proposed consent judgment by the Attorney
 General and the Administrator during which time the Government
 may submit its comments on the proposed consent judgment to the
 court and parties or may intervene as a matter of right.
  (d) The court, in issuing  any final order in any action brought
 pursuant to subsection (a) of this section, may award costs of litiga-
 tion (including reasonable attorney and expert witness fees) to any
 party, whenever the court determines such award is appropriate.
 The court may, if a temporary restraining order or preliminary in-
junction is sought, require the filing of a bond or equivalent securi-
 ty in accordance with the Federal Rules of Civil Procedure.
  (e) Nothing in this section  shall  restrict any right which  any
 person (or class of persons) may have under any statute or common
 law to seek enforcement of any emission  standard or limitation or
 to seek any other relief (including relief against the Administrator
 or a State agency). Nothing in this section or  in any  other law of
 the United States shall be construed to prohibit, exclude, or re-
 strict any State, local, or interstate authority from —
      (1) bringing any enforcement action or obtaining any judicial
    remedy or sanction  in any State or local court, or
      (2) bringing any administrative enforcement action or obtain-
    ing any administrative remedy or sanction in any State or
    local administrative agency, department or instrumentality,
 against the United States, any department, agency, or instrumen-
 tality thereof,  or any officer, agent,  or  employee  thereof under
 State or local law respecting control and abatement  of air  pollu-
 tion. For provisions requiring compliance  by the United States, de-
 partments, agencies,  instrumentalities, officers, agents,  and  em-
 ployees in  the same manner as nongovernmental entities, see sec-
 tion 118.
  (f) For purposes of this section, the  term "emission standard or
 limitation under this Act" means —
      (Da schedule or timetable of compliance, emission limita-
    tion, standard of performance or emission standard,
      (2) a control or prohibition respecting a motor vehicle fuel or
    fuel additive, which is in effect under this Act (including a re-
    quirement applicable by reason of section 1 18) or under an ap-
    plicable implementation plan, or
      (3) any condition or requirement of a permit under part C of
    title I (relating to  significant deterioration  of air quality) or
    part D of title I (relating  to nonattainment),, l section 119 (re-
    lating  to primary nonferrous smelter orders), any condition or
    requirement under an applicable implementation plan relating
    to transportation control  measures,  air quality maintenance
  1 Double commas added by PL 101-54.9, sec 707(e>. 104 Slat. jJ6t«.

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299	CLEAN  AIR ACT	Sec. 305

    plans, vehicle inspection and maintenance programs or  vapor
    recovery requirements,  section 211 (e) and (f) (relating to fuels
    and  fuel additives), section 169A  (relating to visibility protec-
    tion), any condition or  requirement under title VI (relating to
    ozone protection), or any requirement under section 111 or 112
    (without regard to whether  such  requirement is expressed as
    an emission standard or otherwise); or
      (4)' any other standard, limitation, or schedule established
    under any permit issued pursuant to  title V or under any ap-
    plicable State implementation plan approved by the Adminis-
    trator, any permit term or condition, and any requirement to
    obtain a permit as a condition of operations.
which is in effect under this Act (including a requirement applica-
ble by reason of section 118) or under an applicable implementa-
tion plan.
  (g)  PENALTY  FUND.—(1) Penalties received under  subsection (a)
shall  be  deposited in a special fund in the United States Treasury
for licensing and other services. Amounts  in such fund are author-
ized .to be appropriated and shall remain available until expended,
for use by the Administrator to finance air compliance and enforce-
ment activities. The  Administrator shall annually  report to  the
Congress about the sums deposited into the fund, the sources there-
of, and the actual and proposed uses thereof.
  (2) Notwithstanding  paragraph (1) the court in any action under
this subsection  to  apply civil penalties shall  have discretion to
order that such civil  penalties,  in lieu of being deposited in  the
fund  referred to in paragraph (1), be  used in beneficial mitigation
projects which are consistent with this Act and enhance the public
health or the environment. The  court shall obtain the view of the
Administrator in exercising such discretion and selecting any such
projects. The amount of any such payment in any such action shall
not exceed $100,000.
[42 U.S.C. 7604]

                  REPRESENTATION IN  LITIGATION

  SEC. 305. (a) The Administrator shall  request the Attorney Gen-
eral to appear and represent him in any  civil action  instituted
under this Act to which the Administrator  is a party. Unless the
Attorney General notifies the Administrator that he  will appear in
such  action, within a reasonable time, attorneys appointed by the
Administrator shall appear  and represent him.
  (b)  In the event the  Attorney General agrees to appear and rep-
resent the Administrator in any such action, such representation
shall  be  conducted  in accordance with, and shall include participa-
tion by, attorneys appointed by the Administrator to the extent au-
thorized  by, the memorandum of understanding between the De-
partment of Justice  and the Environmental Protection  Agency,
  1 P.L. 101-549. sec. 707tel, 104 Stat. 2IIKU, amended section H04ifl by adding at the end a new
paragraph (4). The new paragraph 141 probably should have been added after paragraph 13) and
should not have ended with a period.

-------
 Sec. 306	CLEAN AIR ACT	300

 dated June 13, 1977, respecting representation of the agency by the
 department in civil litigation.
 [42 U.S.C. 7605]

                      FEDERAL PROCUREMENT

   SEC. 306. (a) No Federal agency may enter into any contract with
 any person who is convicted of any offense under section 113(c)  for
 the procurement of goods, materials,  and services to perform such
 contract at any facility at which the violation which  gave rise to
 such conviction occurred if such facility is owned, leased, or super-
 vised by such person.  The prohibition  in the preceding sentence
 shall  continue until the Administrator certifies that the condition
 giving rise to such a conviction has been corrected. For convictions
 arising under section 113(cX2), the condition giving rise to the con-
 viction also shall be considered  to include any substantive violation
 of this Act associated  with the violation of 113(c)(2). The Adminis-
 trator may extend this prohibition to other facilities owned or oper-
 ated by the convicted person.
  (b) The Administrator shall  establish  procedures to provide  all
 Federal agencies with  the notification necessary for the purposes of
 subsection (a).
  (c) In order to implement the purposes and policy of this Act to
 protect and enhance the quality of the Nation s air, the President
 shall, not  more than  180 days after  enactment  of the  Clean  Air
 Amendments of 1970 cause to be issued an order (1) requiring each
 Federal agency authorized to enter into contracts and each Federal
 agency which is empowered to extend Federal assistance by way of
 grant, loan, or contract to effectuate the  purpose and policy of this
 Act in such contracting or assistance activities, and (2) setting forth
 procedures, sanctions,  penalties, and such other provisions, as the
 President determines necessary to carry out such requirement.
  (d) The President may exempt any  contract, loan, or grant from
 all or part of the  provisions  of this section  where he determines
such  exemption  is  necessary  in the paramount  interest  of  the
 United States and he shall notify the Congress of such exemption.
  (e) The President shall annually report to the Congress on meas-
 ures taken toward implementing the purpose and intent of this sec-
 tion, including but not limited to the progress and problems associ-
ated with implementation of this section.
[42 U.S.C. 7fi06]

 GENERAL PROViSIONS RELATING TO ADMINISTRATIVE PROCEEDINGS AND
                         JUDICIAL REVIEW

  SEC. 307. (a) In connection  with any determination under section
 110(f),  or  for  purposes  of obtaining information under section
 202(b)(4) or 211(cX3),, '  any investigation, monitoring, reporting re-
quirement, entry, compliance inspection, or administrative enforce-
 ment proceeding  under the Act (including but not limited to sec-
 tion 113, section  114, section  120, section 129, section  167, section
 205, section 206,  section  208, section  303, or section 30(5), the Ad-
  1 Double commas added bv P.L. Hll-f>4!i, sec 7(Kt, 104 Stat. JUKI.

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301	CLEAN  AIR ACT	Sec. 307

ministrator may issue subpenas  for the attendance and testimony
of witnesses and the production of relevant papers, books, and doc-
uments,  and he  may administer oaths. Except for emission data,
upon a showing satisfactory to the Administrator by such owner or
operator that such papers, books, documents, or information or par-
ticular part thereof, if made public, would divulge trade secrets or
secret processes of such owner or operator, the Administrator shall
consider such record, report, or  information or particular portion
thereof confidential in accordance with the purposes of section 1905
of title 18 of the United States Code, except that such paper, book,
document,  or  information may be discussed to other officers, em-
ployees,  or authorized  representatives of the United States  con-
cerned with carrying out this Act, to persons carrying out the Na-
tional Academy of Sciences' study and investigation provided for in
section 202(c), or when  relevant  in any proceeding under this  Act.
Witnesses summoned shall be paid the same fees and mileage that
are paid witnesses in the courts of the  United States. In cases of
contumacy or refusal to obey a  subpena served upon any person
under this  subparagraph, the district court of the United States for
any  district in which such person is found or resides or transacts
business, upon application by the United States and after notice to
such person, shall  have jurisdiction  to issue an  order  requiring
such person to appear and give testimony before the Administrator
to appear and produce papers, books, and documents before the Ad-
ministrator, or both, and any failure to  obey such  order of the
court may be punished by such court as a contempt thereof.
  (bXD A petition for review of action of the Administrator in pro-
mulgating  any national  primary or secondary ambient air quality
standard, any emission standard  or requirement under section 112,
any standard  of performance or  requirement under section 111,, l
any standard under section 202 (other than a standard required to
be prescribed under section 202(b)(D), any determination under sec-
tion  202(bX5), any control or  prohibition  under section 211,  any
standard under section 231, any rule issued under section 113, 119,
or under section  120, or any other nationally applicable regulations
promulgated,  or final action taken, by the Administrator  under
this  Act may  be filed only in the United States Court of Appeals
for the District of Columbia. A petition for review of the Adminis-
trator's action in approving or promulgating any  implementation
plan under section  110 or section lll(d), any  order under section
lll(j), under section  112,, 2 under section 119, or under section 120,
or his  action  under section  119(cX2)  (A),  (B),  or  (C)  (as in effect
before the  date of enactment of the Clean  Air  Act Amendments of
1977) or under regulations thereunder, or revising regulations for
enhanced monitoring and compliance certification programs under
section 114(aX3) of this Act, or any other final action of the Admin-
istrator under this Act (including any denial or disapproval by the
Administrator under title I)  which is local or regionally applicable
may be filed only in the United States Court of Appeals for the ap-
propriate circuit. Notwithstanding the preceding sentence a peti-
  1 Public Law 95-95 inserted the additional comma after the words "under section 111".
  2 PL 101-549, sec. 706(2), 104 Stat 2682, inserted the additional comma after the words
"under section 112,".

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 Sec. 307	CLEAN AIR ACT	302

 tion for review of any action referred to in such sentence may be
 filed only in the United States  Court of Appeals for the District of
 Columbia if such action is based on a determination of nationwide
 scope or effect and if in taking  such action the Administrator finds
 and publishes that  such action is based on such a determination.
 Any petition for review under this subsection shall be filed within
 sixty days from the date notice of such  promulgation, approval, or
 action appears in the  Federal Register, except that if such petition
 is based solely on grounds arising after such sixtieth day, then any
 petition for review under this subsection shall be filed within sixty
 days after such grounds arise. The filing of a petition for reconsid-
 eration by the Administrator of any otherwise final rule or action
 shall not affect the finality of  such rule or action for purposes of
•judicial review nor extend the time within which a petition for ju-
 dicial review of such rule or action under this section may be filed,
 and shall not postpone the effectiveness of such rule or action.
  (2) Action of the Administrator with respect to which  review
 could have been obtained under paragraph (1) shall not be subject
 to judicial review in civil or criminal proceedings for enforcement.
 Where a final decision by the Administrator defers performance of
 any nondiscretionary  statutory action to a later time, any person
 may challenge the deferral pursuant to paragraph (1).
  (c) In any judicial proceeding in which review is sought of a de-
 termination under this Act required to be made on the record after
 notice and opportunity for hearing, if any  party applies  to  the
 court for leave to adduce additional evidence, and shows to the sat-
 isfaction of the court that such  additional evidence is material and
 that there were reasonable grounds for the failure to adduce such
 evidence in the proceeding before the Administrator, the court may
 order such additional evidence (and evidence in rebuttal thereof) to
 be taken before the Administrator, in such manner and upon such
 terms and conditions  as to1 the court may deem  proper. The  Ad-
 ministrator may modify his findings as to the facts, or make new
 findings, by reason of the additional evidence so taken and he shall
 file such modified or new findings, and his recommendation, if any,
 for the  modification or setting aside of his original determination,
 with the return of such additional evidence.
  (dXD This subsection applies to—
      (A) the promulgation or revision of any national ambient air
     quality standard under section 109,
      (B) the promulgation or revision of an implementation plan
    by the Administrator under section 110(c),
      (C) the promulgation or revision of any standard of perform-
     ance under  section  111, or emission  standard or limitation
     under section 112(d), any standard  under section 112(f), or any
     regulation under section 112(gXlKD) and (F), or any regulation
     under section 112(m) or (n),
      (D) the promulgation of any requirement for solid waste com-
     bustion under section 129,
      (E) the promulgation or revision of any regulation pertaining
     to any fuel or fuel additive under section 211,
  1 So in original public law. The word "to" probably should not appear.

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303	CLEAN AIR ACT	Sec. 307

      (F) the promulgation  or revision  of any aircraft emission
    standard under section 231,
      (G) the promulgation  or revision  of any regulation under
    title IV (relating to control of acid deposition),
      (H) promulgation or revision of regulations pertaining to pri-
    mary nonferrous smelter orders under section 119 (but not in-
    cluding the granting or denying of any such order),
      (I) promulgation or revision of regulations under title VI (re-
    lating to stratosphere and ozone protection),
      (J) promulgation or revision of regulations under subtitle  C
    of title I (relating to prevention of significant deterioration of
    air quality and protection of visibility),
      (K) promulgation or revision of regulations under section 202
    and test procedures  for  new motor vehicles or engines under
    section  206, and  the revision of a  standard under section
    202(aX3),
      (L) promulgation or revision of regulations  for  noncompli-
    ance penalties under section 120,
      (M) promulgation or revision of any regulations promulgated
    under section  207 (relating to warranties and compliance by
    vehicles in actual use),
      (N) action of the Administrator under section  126 (relating to
    interstate pollution abatement),
      (N)1 the promulgation or revision of any regulation pertain-
    ing to consumer and commercial products under section 183(e),
      (O) the promulgation or revision of any regulation pertaining
    to field citations under section 113(d)(3),
      (P) the promulgation or revision of any regulation pertaining
    to urban buses or the clean-fuel vehicle, clean-fuel fleet,  and
    clean fuel programs under part C of title II,
      (Q) the promulgation or revision of any regulation pertaining
    to nonroad engines or nonroad vehicles under section 213,
      (R) the promulgation or revision of any regulation relating to
    motor vehicle compliance program fees under section 217,
      (8) the promulgation or revision of any regulation under title
    IV (relating to acid deposition),
      (T) the promulgation or revision of any regulation under sec-
    tion 183(f) pertaining to marine vessels, and
      (U) such other actions  as the Administrator may determine.
The provisions of section 553 through 557 and section  706 of title 5
of the United States Code shall not, except as expressly provided in
this subsection, apply  to action to which this subsection  applies.
This subsection shall not apply in  the case of any rule or circum-
stance referred  to in subparagraphs (A) or (B) of subsection 553(b)
of title 5 of the United  States Code.
  (2) Not later than the date  of proposal of any action  to which this
subsection applies, the Administrator shall establish a rulemaking
docket for such  action  (hereinafter in this subsection referred to as
a "rule"). Whenever a rule applies only within a particular State, a
  1 So in law. PL. 101-549, sec. 302(hJ added a new subparagraph (D) and "redeaignated the
Miceeding aubparagraphs accordingly". Section 1UX5XCI of P.L. 101-549 added new gubpara-
graptw (NMTI. Neither amendment gave reference to the other.

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 Sec. 307	CLEAN  AIR ftCT	304

 second (identical) docket shall be established in the appropriate re-
 gional office of the Environmental Protection Agency.
   (3) In the case of any rule to which this subsection applies, notice
 of proposed rulemaking shall be published in the Federal Register,
 as provided under section 553(b) of title 5, United States Code, shall
 be accompanied by a statement of its  basis and purpose and shall
 specify the period available for public  comment (hereinafter re-
 ferred to as the  "comment period"). The notice of proposed rule-
 making shall also state the docket number, the location or loca-
 tions of the docket, and the times it will be open to public inspec-
 tion. The statement of basis  and  purpose shall include a summary
 of—
      (A) the factual data on which the proposed rule is based;
      (B) the methodology used in obtaining the data and in ana-
     lyzing the data; and
      (C) the major legal interpretations and policy considerations
     underlying the proposed rule.
 The statement shall also set forth or summarize and provide a ref-
 erence to any pertinent findings, recommendations,  and comments
 by the Scientific Review Committee established  under section
 109(d) and the National Academy of Sciences, and, if the proposal
 differs in any important respect from any of these recommenda-
 tions, an explanation of the reasons for  such differences.  All data,
 information, and documents referred to in this paragraph on which
 the proposed rule relies shall be included in the docket on the date
 of publication of the proposed rule.
  (4XA) The rulemaking docket required under paragraph (2) shall
 be open for inspection by the public at  reasonable times specified
 in the notice of proposed rulemaking.  Any person may copy docu-
 ments contained  in  the docket. The Administrator shall provide
 copying facilities  which may be used at  the expense of the person
 seeking copies, but the Administrator may waive or reduce such ex-
 penses in such instances as the public interest requires. Any person
 may request copies by  mail if the person  pays the expenses, includ-
 ing personnel costs to do the copying.
  (BXi) Promptly upon receipt by  the agency, all written comments
 and  documentary information on the  proposed rule received from
 any  person for inclusion in the docket during the comment period
 shall be placed in the  docket. The transcript of public hearings, if
 any, on the proposed  rule shall  also be included  in  the docket
 promptly upon receipt  from the person who transcribed such hear-
 ings. All documents which become available after the proposed rule
 has been published and which the Administrator determines are of
 central  relevance to the rulemaking shall be placed in the docket
 as soon as possible after their availability.
  (ii) The drafts of proposed rules submitted by the  Administrator
 to the  Office of Management and Budget for  any  interagency
 review process prior to proposal of any such rule, all documents ac-
companying  such  drafts, and  all written  comments  thereon by
other agencies and all  written responses  to such written comments
by the Administrator shall be placed  in the docket no later than
the date of proposal of the rule. The drafts of the final rule submit-
 ted for such review process prior to promulgation and all such writ-

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305	CLEAN AIR ACT	Sec. 307

ten comments thereon, all documents accompanying such drafts,
and written responses thereto shall be placed in the docket no later
than the date of promulgation.
  (5) In promulgating a rule to which this subsection applies (i) the
Administrator shall allow any person to submit written comments,
data, or documentary information; (ii) the Administrator shall give
interested persons an opportunity  for the oral presentation of data,
views, or arguments,  in addition to an opportunity to make written
submissions; (iii) a transcript shall be kept of any oral presentation;
and (iv) the Administrator shall keep the record of such proceeding
open  for thirty days after completion  of the proceeding to provide
an opportunity for submission of rebuttal and supplementary infor-
mation.
  (6XA) The promulgated rule shall be accompanied by (i) a state-
ment of basis and  purpose like that referred  to in paragraph (3)
with respect to a proposed rule and (ii) an explanation of the rea-
sons for any major changes in the promulgated rule from the pro-
posed rule.
  (B) The  promulgated rule  shall also  be  accompanied  by a  re-
sponse to each of the  significant comments, criticisms,  and new
data submitted in written or oral presentations during  the com-
ment period.
  (C) The  promulgated rule may not be based 'in part or whole) on
any information or data which has not been placed in the  docket as
of the date of such promulgation.
  (7XA) The record for judicial  review shall consist exclusively of
the material referred to in paragraph (3), clause (i) of paragraph
(4KB), and subparagraphs (A) and (B) of paragraph (6).
  (B)  Only an objection to a  rule or procedure which was raised
with reasonable specificity during the period for public  comment
(including  any  public  hearing) may be  raised during judicial
review. If the person raising an objection can  demonstrate to the
Administrator that it was  impracticable to raise such  objection
within such  time or if the grounds for such objection arose after
the period for public comment (but within the time specified for ju-
dicial review) and if  such objection is of central relevance to the
outcome of the rule, the Administrator shall convene a proceeding
for  reconsideration  of the rule  and provide the same procedural
rights as would have been afforded had the information been avail-
able at the time the rule  was proposed. If the Administrator  re-
fuses to convene such a proceeding, such person may seek  review of
such refusal in the United States court of appeals for the  appropri-
ate circuit  (as provided in subsection (b)). Such reconsideration
shall not postpone the effectiveness of the rule.  The effectiveness of
the rule may be  stayed during  such reconsideration, however,  by
the Administrator or the court for a period  not to exceed three
months.
  (8) The  sole forum for  challenging procedural  determinations
made by the Administrator under this subsection shall  be in the
United States court of appeals for the appropriate circuit (as pro-
vided in subsection (b)) at the time of the substantive review of the
rule. No interlocutory appeals shall be  permitted with respect to
such procedural determinations. In reviewing alleged procedural

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 Sec. 308	CLEAN AIR ACT	306

 errors, the court may invalidate the rule only if the errors were so
 serious and related to matters of such central relevance to the rule
 that there is a substantial likelihood that the rule would have been
 significantly changed if such errors had not been made.
  (9)  In  the  case of review of any action of the Administrator to
 which this  subsection applies, the court  may  reverse any such
 action found to be—
      (A) arbitrary, capricious, an abuse of discretion, or otherwise
    not in accordance with law;
      (B) contrary  to constitutional right, power, privilege, or im-
    munity;
      (C) in  excess of statutory jurisdiction, authority, or limita-
    tions, or short of statutory right; or
      (D) without observance of procedure  required by law, if (i)
    such failure to observe  such procedure is  arbitrary or capri-
    cious, (ii) the requirement  of paragraph (7XB) has been met,
    and  (iii)  the condition of the last sentence  of paragraph (8) is
    met.
  (10) Each statutory  deadline for  promulgation of rules to which
this subsection applies which requires promulgation less than six
months after date of proposal may be extended to  not more than
six  months after date of proposal by the Administrator upon a de-
termination that such extension is necessary to afford the public,
and the agency, adequate opportunity to carry out the purposes of
this subsection.
  (11) The requirements of this subsection shall  take effect with re-
spect  to  any rule the proposal of which occurs after  ninety days
after  the date of enactment  of the Clean Air Act Amendments of
1977.
  (e)  Nothing in this  Act  shall be construed to authorize judicial
review of regulation or orders of the Administrator under this Act,
except as provided in this section.
  (f) In any judicial proceeding under this section, the court may
award costs of litigation (including reasonable attorney and expert
witness fees) whenever it determines that such award  is appropri-
ate.
  (g)  In  any action  respecting  the  promulgation  of regulations
under section 120 or the administration or enforcement of section
120 no court shall  grant any stay,  injunctive, or  similar relief
before final judgment by such court in such action.
  (h)  PUBLIC  PARTICIPATION.—It is the intent of Congress that, con-
sistent with  the policy of the Administrative Procedures Act,  the
Administrator  in promulgating any regulation  under this  Act, in-
cluding a regulation subject  to a deadline, shall ensure a reasona-
ble  period for public participation of at least 30 days, except as oth-
erwise expressly provided  in section 107(d), 172(a), 181(a)  and  (b),
and 186(a) and (b).
[42 U.S.C. 7607]

                      MANDATORY LICENSING

  SEC. 308. Whenever the Attorney General determines upon appli-
cation of the Administrator—
      (l)that—

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307	CLEAN AIR ACT	Sec. 310

          (A) in the implementation of the requirements of section
        111,  112, or 202 of this Act, a  right under any  United
        States letters patent, which is being used or intended for
        public  or commercial use and not otherwise reasonably
        available, is necessary to enable any person required to
        comply with such limitation to so comply, and
          (B) there  are  no reasonable alternative methods to ac-
        complish such purpose, and
      (2) that the unavailability of such right may result in a  sub-
    stantial lessening of competition or tendency to create a  mo-
    nopoly in any line of commerce in any section of the country,
the Attorney General may  so certify to a district court of the
United States, which may issue an order requiring the person who
owns such patent to license it on  such reasonable terms and condi-
tions as the court, after hearing, may determine.  Such certification
may be made to the district court for the district  in which  the
person owning the patent resides, does business, or is found.
[42 U.S.C. 7608]

                         POLICY REVIEW

  SEC. 309. (a) The  Administrator shall  review  and comment in
writing on the  environmental impact of any matter relating to
duties and responsibilities granted pursuant to  this Act or other
provisions of the authority of the Administrator, contained in  any
(1) legislation proposed  by any Federal department or agency, (2)
newly authorized Federal projects for construction and any major
Federal agency  action (other than  a project for construction) to
which section 102(2XO of Public Law 91-190 applies, and (3)  pro-
posed regulations published  by any department  or agency of the
Federal Government. Such written comment shall be made public
at the conclusion of any such review.
  (b) In the event the Administrator determines that any such leg-
islation, action, or regulation is unsatisfactory from the standpoint
of public health or welfare or environmental quality, he shall pub-
lish  his determination  and  the  matter shall  be referred to  the
Council on Environmental Quality.
[42 U.S.C. 7609)

                 OTHER  AUTHORITY NOT AFFECTED

  SEC. 310. (a) Except as provided in subsection (b) of this section,
this  Act shall not be construed as superseding or limiting the au-
thorities and responsibilities,  under  any other  provision of law, of
the Administrator  or any  other  Federal officer,  department, or
agency.
  (b) No appropriation shall be authorized  or made  under section
301, 311, or 314 of the Public Health Service Act for any fiscal year
after the  fiscal  year ending  June 30, 1964, for  any purpose for
which appropriations may be made under authority of this Act.
[42 U.S.C. 7610)

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Sec. 311	CLEAN AIR ACT	308

                       RECORDS AND AUDIT

  SEC. 311. (a) Each recipient  of assistance  under this Act shall
keep such records as the  Administrator shall prescribe, including
records which fully disclose the amount and disposition by such re-
cipient of the proceeds of such assistance, the total cost  of the
project or undertaking  in connection with which such assistance is
given or used, and the amount of that portion  of the cost  of the
project or  undertaking supplied by other  sources, and such other
records as will facilitate an effective audit.
  (b) The Administrator and the Comptroller General of the United
States, or any of their  duly authorized representatives, shall have
access for the purpose of audit and examinations to any books, doc-
uments, papers, and records of the recipients that are pertinent to
the grants received under this Act,
[42U.S.C. 7611]
SEC, 312. ECONOMIC IMPACT ANALYSES.
  (a)  The  Administrator,  in  consultation  with the  Secretary  of
Commerce, the Secretary of Labor, and the Council on Clean Air
Compliance Analysis (as established under subsection (f) of this sec-
tion), shall conduct a comprehensive analysis of the impact  of this
Act on the public health, economy, and environment of the United
States. In performing such analysis, the Administrator should con-
sider the costs, benefits and other effects associated  with compli-
ance with each standard issued for—
      (1) a criteria air pollutant subject to a standard issued under
    section 109;
      (2) a hazardous air pollutant listed under section 112, includ-
    ing any technology-based standard and any risk-based standard
    for such pollutant;
      (3) emissions from mobile sources regulated under title II of
    this Act;
      (4) a limitation under this Act for emissions of sulfur dioxide
    or nitrogen oxides;
      (5) a limitation under title VI of this Act  on the production
    of any ozone-depleting substance; and
      (6) any other section of this Act.
  (b) In describing the  benefits of a standard described in subsec-
tion  (a),  the  Administrator shall consider all  of the  economic,
public health, and environmental benefits of efforts to comply with
such standard. In any case where numerical values are assigned to
such benefits, a default assumption of zero value shall not  be as-
signed to such benefits unless supported by specil'ic data. The Ad-
ministrator shall  assess how benefits are measured  in  order  to
assure that damage to human health and the environment is more
accurately measured and taken into account.
  (c) In describing the  costs of  a standard described in subsection
(a), the Administrator shall consider the effects of such standard on
employment, productivity,  cost of living, economic growth, and the
overall economy of the United States.
  (d) Not later than 12 months after the date of enactment  of the
Clean  Air  Act Amendments of  li>!)0, the Administrator,  in consul-
tation with the Secretary of Commerce, the Secretary of Labor, and

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309	CLEAN AIR ACT	Sec. 314

the Council  on Clean Air  Compliance  Analysis, shall submit  a
report to the Congress that  summarizes the results of the analysis
described in subsection (a), which reports—
      (1) all costs incurred previous to the date of enactment of the
    Clean Air  Act Amendments of 1990 in the effort to comply
    with such standards; and
      (2) all  benefits that have  accrued to the United States as  a
    result of such costs.
  (e) Not later  than 24 months after the date of enactment of the
Clean Air Act Amendments of 1990, and every 24 months thereaf-
ter, the Administrator, in consultation with the Secretary of Com-
merce, the Secretary of Labor, and the Council on Clean Air Com-
pliance Analysis, shall submit a report to  the  Congress that up-
dates the report issued pursuant to subsection (d), and which, in ad-
dition, makes projections into the  future regarding expected  costs,
benefits, and other effects of compliance with standards pursuant
to this Act as listed in subsection (a).
  (0 Not later  than 6 months after the date  of enactment of the
Clean Air Act Amendments of 1990, the Administrator, in consul-
tation with the Secretary of Commerce and the Secretary of Labor,
shall appoint an Advisory Council  on Clean Air Compliance Analy-
sis of not less than nine members (hereafter  in this section referred
to as the "Council"). In appointing such members, the Administra-
tor shall appoint recognized experts  in the fields of the health and
environmental  effects of air pollution, economic analysis, environ-
mental  sciences, and such other fields that the Administrator de-
termines to be appropriate.
  (g) The Council shall—
      (1) review the data  to be  used  for  any analysis  required
    under this section and make recommendations to the Adminis-
    trator on the use of such data;
      (2) review the methodology  used to analyze such data and
    make recommendations to  the  Administrator on the use  of
    such methodology; and
      (3) prior  to the issuance of  a  report required under subsec-
    tion (d) or (e), review the findings of such report, and make rec-
    ommendations  to the Administrator concerning the validity
    and utility  of such findings.
[42 U.S.C. 7612]
  [Section  313 repealed by  P.L.  101-549,  section 803. 104  Stat.
2689.]

                        LABOR STANDARDS

  SEC. 314. The Administrator shall take such action as may be
necessary to  insure  that all laborers and mechanics employed by
contractors or  subcontractors on projects assisted under this Act
shall be paid wages  at rates not less than those prevailing for the
same type of work on similar  construction in the locality as deter-
mined by the Secretary  of  Labor, in accordance  with  the Act  of
March 3, 1931, as amended, known as the Davis-Bacon Act (46 Stat.
1494;  40 U.S.C. 276a—276a-5). The Secretary of Labor shall  have,
with respect to the labor standards specified in this subsection, the
authority  and  functions set forth in  Reorganization Plan  Num-

-------
 Sec. 315	CLEAN AIR ACT	310

 bered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the
 Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276c).
 [42 U.S.C. 7614]

                          SEPARABILITY

   SEC. 315. If any provision of this Act, or the application of any
 provision of this Act to any person or circumstance, is held invalid,
 the application of such provision to other persons or circumstances,
 and the remainder of this Act, shall not be affected thereby.
 [42 U.S.C. 7615]

                   SEWAGE TREATMENT GRANTS

  SEC. 316. (a) No grant which the Administrator is  authorized to
 make to any applicant for construction of sewage treatment works
 in any area in any State may be withheld, conditioned, or restrict-
 ed by the  Administrator  on the basis of any requirement of this
 Act except as provided in subsection (b).
  (b)  The Administrator may withhold, condition, or  restrict the
 making of any grant for construction referred to in  subsection (a)
 only if he determines that—
      (1) such  treatment works will  not  comply with applicable
    standards under section 111 or 112,
      (2) the State does not have in effect, or is  not carrying out, a
    State  implementation  plan approved  by  the  Administrator
    which  expressly quantifies and  provides for the  increase in
    emissions of each air pollutant  (from stationary  and mobile
    sources in any area to which either part C  or part D of title I
    applies for such pollutant)  which increase may reasonably be
    anticipated to result directly or indirectly from the new sewage
    treatment capacity which .would  be created by such construc-
    tion.
      (3) the construction of such treatment works  would  create
    new sewage treatment capacity which—
          (A) may reasonably be anticipated to cause or contribute
        to, directly  or indirectly, an  increase in emissions of any
        air pollutant in excess of the increase provided for under
        the provisions referred to in paragraph  (2)  for  any such
        area, or
          (B) would  otherwise not be in conformity with the appli-
        cable implementation plan, or
      (4) such increase in emissions would interfere with, or be in-
    consistent with, the applicable  implementation  plan for  any
    other State.
In the  case  of construction  of  a treatment works  which  would
result, directly or indirectly, in an increase in emissions of any air
pollutant from  stationary and mobile sources in an area to which
part D of title I applies, the quantification of emissions referred to
 in paragraph (2) shall include the emissions of any such pollutant
 resulting directly or indirectly from areawide  and nonmajor sta-
 tionary source growth (mobile and stationary) for each such area.
  (c) Nothing in this section shall be construed to amend or alter
 any provision of the  National Environmental Policy Act or to affect

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311	CLEAN AIR ACT	Sec. 317

any determination as to whether or not the requirements of such
Act have been met in the case of the construction of any sewage
treatment works.
[42 U.S.C. 7616]

                          SHORT TITLE

  SEC. 317. This Act may be cited as the "Clean Air Act".
[42 U.S.C. 7401 nt]

                  ECONOMIC IMPACT ASSESSMENT

  SEC. 317.' (a) This section  applies to action of  the Administrator
in promulgating or revising—
      (1)  any new source standard of performance  under section
    111,
      (2) any regulation under section lll(d),
      (3)  any regulation under part B of title I  (relating to  ozone
    and stratosphere protection),
      (4) any regulation under part C of title I (relating to preven-
    tion of significant  deterioration of air quality),
      (5) any regulation establishing emission standards under sec-
    tion 202 and any other regulation promulgated under that sec-
    tion,
      (6) any regulation controlling or prohibiting any fuel or fuel
    additive under section 211(c), and
      (7) any aircraft emission standard under section 231.
Nothing in this section shall apply to any standard or regulation
described in paragraphs (1) through (7) of this subsection unless the
notice of proposed rulemaking in connection with such standard or
regulation is published in  the Federal Register after the  date
ninety days after the date of enactment of this section. In the case
of revisions of such standards or regulations,  this section  shall
apply only to revisions which the Administrator determines  to  be
substantial revisions.
  (b) Before publication of notice of proposed rulemaking with re-
spect  to any standard or regulation to which this section applies,
the Administrator shall prepare an economic impact assessment re-
specting such standard or regulation.  Such assessment shall be in-
cluded in the docket required under section 307(dX2) and shall  be
available  to the public as provided in section 307(dX4). Notice of
proposed  rulemaking  shall include  notice  of such availability to-
gether with an explanation of the extent and manner in which the
Administrator  has considered the analysis contained in such eco-
nomic impact assessment in  proposing the action. The Administra-
tor shall also provide such an explanation in his notice of promul-
gation of any regulation or  standard  referred to in subsection (a).
Each such explanation shall  be part of the statements of basis and
purpose required under sections 307(dX3) and 307(dX6).
  (c) Subject to subsection (d), the assessment required under this
section with respect to any standard or regulation shall contain  an
analysis of—
 1 Section 317 should be numbered 317A.

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 Sec. 317	CLEAN AIR ACT	312

       (1) the costs of compliance with any such standard or regula-
     tion, including  extent to which the costs of compliance will
     vary depending on (A) the effective date of the standard or reg-
     ulation, and (B) the development of less expensive, more effi-
     cient means or methods of compliance with the standard or
     regulation;
       (2) the potential  inflationary or  recessionary effects of the
     standard or regulation;
       (3) the effects on competition of the standard  or regulation
     with respect to small business;
       (4) the effects of the standard or  regulation  on consumer
     costs; and
       (5) the effects of the standard or regulation on energy use.
Nothing in  this section shall be construed to provide that the anal-
ysis of the  factors specified in this  subsection affects or alters the
factors which the Administrator is required  to consider in taking
any action referred to in subsection  (a).
  (d) The assessment required under this section  shall be as exten-
sive as practicable,  in  the judgment of the Administrator taking
into account the time and resources available to the Environmen-
tal Protection Agency and other duties and authorities which the
Administrator is  required to carry out under this Act.
  (e) Nothing in this section shall be construed—
       (1) to alter the basis on which a standard or regulation is
     promulgated under this Act;
       (2) to preclude the Administrator from carrying out his re-
     sponsibility under this Act to  protect public health and wel-
     fare; or
       (3) to authorize or require  any judicial review of any such
     standard or regulation, or any stay or injunction of the propos-
     al, promulgation, or effectiveness of such standard or regula-
     tion  on  the basis of failure to comply with this section.
  (f) The requirements imposed on the Administrator under this
section shall be treated  as nondiscretionary duties for purposes of
section 304(a)(2),  relating to citizen  suits. The sole method for en-
forcement of the Administrator's  duty under this section  shall  be
by bringing a citizen suit under such section 304(aX2) for a court
order to  compel the  Administrator to perform such duty. Violation
of any such order shall  subject the Administrator to penalties for
contempt of court.
  (gj In the case of any provision of this Act in which costs are ex-
pressly required  to  be  taken  into account, the adequacy or inad-
equacy of any assessment required under this section may be taken
into consideration, but shall not be  treated for purposes of judicial
review of any such provision  as conclusive with respect to compli-
ance or  noncompliance with the requirement of  such provision to
take cost into account.
[42 U.S.C. 7617]
  Section 318 repealed  by P.L. 101-549, section 108(q), 104 Stat.
2469.]

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313	CLEAN AIR ACT	Sec. 320

                     AIR QUALITY MONITORING

  SEC. 319. Not later than one year after the date of enactment of
the Clean Air Act Amendments of 1977 and after notice and oppor-
tunity for public hearing, the Administrator shall promulgate regu-
lations establishing an air quality monitoring system throughout
the United States which—
       (1) utilizes uniform air quality monitoring criteria and meth-
    odology and measures such air quality according to a uniform
    air quality index,
       (2) provides  for  air quality monitoring stations  in  major
    urban areas  and  other appropriate areas throughout the
    United States  to provide monitoring such as will  supplement
    (but not duplicate) air quality monitoring carried out by the
    States required under any applicable implementation plan,
       (3) provides  for daily analysis and  reporting  of air quality
    based upon such uniform air quality index, and
       (4) provides for recordkeeping with respect to  such monitor-
    ing data and for periodic analysis and reporting to the general
    public by the Administrator with respect  to air  quality based
    upon such data.
The operation  of such air quality monitoring  system may be car-
ried out by the Administrator or by such other departments, agen-
cies, or entities of the Federal Government (including the National
Weather Service) as the President may deem appropriate. Any air
quality monitoring system required under any applicable imple-
mentation plan under section 110 shall, as soon as practicable fol-
lowing promulgation of regulations under this section,  utilize the
standard criteria and methodology, and measure air quality accord-
ing to the standard index, established under such regulations.
[42 U.S.C. 7619]

               STANDARDIZED AIR QUALITY MODELING

  SEC. 320. (a) Not  later than six months after the date of the en-
actment of the  Clean Air Act Amendments of 1977, and at least
every  three years  thereafter, the Administrator shall  conduct a
conference on air quality modeling. In conducting such conference,
special attention shall be given  to appropriate modeling necessary
for carrying out part C of title  I (relating to prevention of signifi-
cant deterioration of air quality).
  (b) The conference conducted under this  section shall provide for
participation by the National Academy of Sciences, representatives
of State and local  air pollution control agencies, and appropriate
Federal agencies, including the National Science Foundation; the
National Oceanic and Atmospheric Administration,  and the Na-
tional Bureau of Standards.
  (c) Interested persons shall be permitted to submit written com-
ments and a  verbatim transcript of  the conference proceedings
shall be maintained.
  (d) The comments submitted and the transcript maintained pur-
suant to subsection (c) shall be  included in the docket required  to

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 Sec. 321	CLEAN AIR ACT	314

 be established for purposes of promulgating or revising any regula-
 tion relating to air quality modeling under part C of title I.
 [42 U.S.C. 7620]

                      EMPLOYMENT EFFECTS

  SEC. 321. (a) The Administrator shall conduct continuing evalua-
 tions of potential loss or shifts of  employment which may result
 from the administration or enforcement of the provision of this Act
 and  applicable implementation plans, including where appropriate,
 investigating threatened  plant closures or reductions in  employ-
 ment allegedly resulting from such administration or enforcement.
  (b) Any employee, or any representative of such employee, who is
discharged or laid off, threatened with discharge or layoff, or whose
employment is otherwise adversely  affected or threatened to be ad-
versely affected  because  of the alleged  results of any requirement
imposed or  proposed to be imposed under this Act, including any
requirement applicable to Federal  facilities and any requirement
imposed by a State or political subdivision thereof, may request the
Administrator to conduct a full investigation of the matter. Any
such request shall be reduced to writing, shall set  forth with rea-
sonable particularity the grounds  for  the  request,  and shall be
signed by  the  employee, or  representative of  such  employee,
making the  request. The  Administrator shall thereupon investigate
the matter and,  at the request of any party, shall hold public hear-
ings on not  less than five days' notice. At such hearings, the Ad-
ministrator  shall require the parties, including the  employer in-
volved, to present information relating to the actual or  potential
effect of such requirements on employment and the detailed rea-
sons or justification therefor. If the Administrator determines that
there are no reasonable grounds for conducting a public hearing he
shall notify (in writing) the party requesting such hearing of such a
determination and the reasons therefor. If the Administrator does
convene such a  hearing,  the hearing  shall be on the  record. Upon
receiving the report of such investigation, the Administrator shall
make findings of fact as  to the effect of such requirements on em-
ployment and on the alleged actual or potential discharge, layoff,
or other adverse effect on employment, and shall make such recom-
mendations  as  he deems appropriate. Such report,  findings, and
recommendations shall be available to the public.
  (c) In connection with any  investigation or public hearing con-
ducted under subsection  {b) of this  section or as authorized in sec-
tion  119 (relating to primary nonferrous smelter orders), the Ad-
ministrator  may issue subpenas for the attendance and  testimony
of witnesses and the production of relevant papers, books and docu-
ments, and  he  may administer oaths. Except for emission data,
upon a showing  satisfactory to the Administrator by such owner or
operator that such papers, books, documents, or information or par-
ticular part  thereof, if made public, would divulge trade  secrets or
secret processes  of such owner, or operator, the Administrator shall
consider such record, report, or information or  particular portion
thereof confidential in accordance with the purposes of section 1905
of title 18 of the United States Code, except that such paper, book,
document, or information may be  disclosed to other officers, em-

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315	CLEAN AIR ACT	Sec. 322

ployees, or authorized  representatives  of the United States con-
cerned with carrying out this Act, or when  relevant in any pro-
ceeding under this Act. Witnesses  summoned shall be paid  the
same fees and mileage that are paid witnesses in the courts of the
United States. In cases of contumacy or refusal to obey  a subpena
served upon any person under this subparagraph, the district court
of the United  States for any district in which  such person is found
or resides or  transacts business, upon  application by the United
States and after  notice to such person, shall have jurisdiction to
issue an order requiring such  person to appear and give testimony
before the Administrator, to appear and produce papers, books, and
documents before the Administrator, or both, and any  failure to
obey such order of the court may be punished by such court as a
contempt thereof.
  (d)  Nothing  in  this section shall be construed to require or  au-
thorize  the Administrator, the  States,  or political subdivisions
thereof, to modify or withdraw any requirement  imposed or pro-
posed to be imposed under this Act.
[42 U.S.C. 7621]

                      EMPLOYEE PROTECTION

  SEC. 322. (a) No employer may  discharge any employee or other-
wise discriminate against any employee with respect to his com-
pensation, terms, conditions, or privileges of  employment because
the employee  (or any person  acting pursuant to a request of  the
employee)—
      (1) commenced, caused to be commenced, or is about to com-
    mence or  cause to be commenced a proceeding under this Act
    or a proceeding  for the administration or enforcement of any
    requirement  imposed  under this Act or under any  applicable
    implementation plan,
      (2) testified or is about to testify  in any such proceeding, or
      (3) assisted or participated or is about to assist or participate
    in any manner in such a  proceeding or in any other action to
    carry out the purposes of this Act.
  (bXD Any employee who believes that he has been discharged or
otherwise discriminated against by any person in violation  of sub-
section (a) may, within thirty days after such violation  occurs,  file
(or have any person  file on his behalf) a complaint with  the Secre-
tary of Labor (hereinafter in this subsection referred  to  as  the
"Secretary") alleging such  discharge or discrimination.  Upon re-
ceipt of such  a complaint, the Secretary shall notify the  person
named in the complaint of the filing of the complaint.
  (2XA) Upon  receipt of a complaint filed under paragraph (1),  the
Secretary shall conduct an investigation of the violation alleged in
the complaint. Within thirty days of the receipt of such complaint,
the Secretary  shall complete such investigation and shall notify in
writing the complainant (and  any person acting in his behalf) and
the person alleged to have committed such violation  of the results
of the  investigation conducted  pursuant to this  subparagraph.
Within ninety days of the receipt of such complaint  the Secretary
shall, unless the  proceeding on the complaint is terminated by the
Secretary on the basis of a settlement entered into  by  the Secre-

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 Sec. 322	CLEAN AIR ACT	316

 tary and the person alleged to have committed such violation, issue
 an order either providing the relief prescribed by subparagraph (B)
 or denying the complaint.  An order of the Secretary shall be made
 on the record after notice  and opportunity for public hearing. The
 Secretary may not enter into a settlement terminating a proceed-
 ing on a  complaint without the participation and consent of the
 complainant.
   (B) If, in response to a complaint filed under  paragraph (1), the
 Secretary • determines that a  violation of subsection  (a) has  oc-
 curred, the Secretary  shall order the person who  committed such
 violation to (i) take affirmative action  to  abate  the violation, and
 (ii) reinstate  the complainant to his former  position together with
 the compensation (including back pay), terms, conditions, and privi-
 leges of his employment, and the Secretary may  order such person
 to provide compensatory damages to the complainant. If an order is
 issued under this paragraph, the Secretary, at the request of the
 complainant, shall assess  against the  person against  whom the
 order is issued a sum equal to the aggregate amount  of all  costs
 and expenses (including attorneys' and expert witness fees) reason-
 ably incurred, as determined by the Secretary, by the complainant
 for, or in connection  with, the bringing of the complaint  upon
 which the order was issued.
  (cKD Any person  adversely affected or aggrieved by an  order
 issued under subsection (b) may obtain review of the order in the
 United States court of appeals  for the circuit in which the viola-
 tion,  with  respect  to  which  the  order was issued, allegedly  oc-
curred. The petition for review must be filed within sixty days from
 the issuance of  the  Secretary's order.  Review  shall  conform to
 chapter 7 of title 5 of the United States Code.  The commencement
 of proceedings  under this  subparagraph shall not,  unless ordered
 by the court, operate as a stay of the Secretary's order.
  (2) An order of the Secretary with respect  to which review could
 have been obtained under paragraph (1) shall not be subject to judi-
 cial review in any criminal or other civil proceeding.
  (d) Whenever a person has failed to comply with an order issued
 under subsection (b)(2), the Secretary may file a  civil action in the
 United States district  court for the district in which the violation
 was found to occur to enforce such order.  In  actions brought under
 this subsection,  the district courts shall have jurisdiction to grant
 all appropriate relief including, but not  limited to, injunctive relief,
 compensatory, and exemplary damages.
  (e)(l) Any person  on whose behalf an order  was issued under
 paragraph (2) of subsection (b) may commence a civil action against
 the person to whom such  order was  issued  to require  compliance
 with such order. The appropriate United States district court shall
 have jurisdiction, without  regard to the amount  in controversy or
 the citizenship of the parties, to enforce  such  order.
  (2) The court, in issuing any final order under  this  subsection,
 may award costs of litigation (including  reasonable attorney and
 expert witness fees) to any party whenever the court  determines
 such award is appropriate.

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317	CLEAN AIR ACT	Sec. 324

  (f) Any nondiscretionary duty imposed by this section shall be en-
forceable in a mandamus proceeding brought under section 1361 of
title 28 of the United States Code.
  (g) Subsection (a) shall not apply with respect to any employee
who, acting without direction from his employer (or the employer's
agent), deliberately causes a violation of any  requirement of this
Act.
[42 U.S.C. 7622]

   COST OF EMISSION CONTROL FOR CERTAIN VAPOR RECOVERY TO BE
                BORNE BY OWNER OF RETAIL OUTLET

  SEC. 323. (a) The regulations under this Act applicable to vapor
recovery with respect to mobile source fuels  at retail  outlets of
such fuels shall  provide that the cost of procurement and installa-
tion of such vapor recovery shall be borne by the owner of such
outlet (as determined under such  regulations). Except as provided
in subsection (b), such regulations shall provide that no lease of a
retail outlet by the owner thereof which is entered into or renewed
after the date of enactment of the Clean Air Act Amendments of
1977 may provide for a payment by the lessee of the cost of pro-
curement and installation of vapor recovery equipment. Such regu-
lations shall also provide that the cost of procurement and installa-
tion of vapor recovery equipment may be recovered by the owner of
such outlet by means of price increases in the cost of any product
sold by such owner, notwithstanding any provision of law.
  (b) The regulations of the  Administrator referred to in subsection
(a) shall permit a lease of a retail outlet to provide  for payment by
the lessee of the cost of procurement and installation of vapor re-
covery requirement over a reasonable period (as determined in ac-
cordance with such regulations), if the owner  of such outlet does
not sell, trade in, or otherwise dispense any product at wholesale or
retail at such outlet.
[42 U.S.C. 7624]

  VAPOR RECOVERY FOR SMALL BUSINESS MARKETERS OF PETROLEUM
                           PRODUCTS

  SEC. 324. (a) The regulations under this Act applicable to vapor
recovery from fueling of motor vehicles at retail outlets of gasoline
shall not apply to any outlet owned by an independent small busi-
ness marketer of gasoline having monthly sales of less than 50,000
gallons. In the case of any  other outlet owned by an independent
small business marketer, such regulations shall  provide, with re-
spect to independent small business marketers of gasoline, for  a
three-year phase-in period for the  installation of such vapor recov-
ery equipment at such outlets under which  such marketers shall
have—
      (1) 33 percent of such outlets in compliance at the end of the
    first year during which  such regulations apply to such market-
    ers,
      (2) (>(> percent at the end of such second year, and
      (3) 100 percent at the end of the third year.

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Sec. 325	CLEAN AIR ACT	318

  (b) Nothing in subsection (a) shall be construed to prohibit any
State  from adopting  or enforcing, with  respect to independent
small business marketers  of gasoline having monthly sales of less
than 50,000 gallons, any vapor recovery requirements  for mobile
source  fuels at  retail outlets. Any vapor  recovery requirement
which is adopted by a State and submitted to the Administrator as
part of its implementation plan may be approved and enforced by
the Administrator  as  part of the applicable implementation plan
for that State.
  (c) For  purposes  of  this section, an independent  small business
marketer of gasoline is a person engaged in the marketing of gaso-
line who would be required to pay for procurement and installation
of vapor  recovery  equipment  under section 324 *  of this Act or
under regulations of the Administrator, unless such  person—
      (1XA) is a refiner, or
      (B)  controls,  is  controlled by, or is under common control
    with, a refiner.
      (C)  is otherwise directly or indirectly affiliated (as deter-
    mined under the regulations  of the Administrator) with a re-
    finer  or  with a person  who  controls,  is controlled by,  or is
    under a common control with a refiner (unless the sole affili-
    ation referred to herein is  by  means of a supply contract or an
    agreement or contract to use a trademark, trade name, service
    mark, or other identifying symbol or name owned by such re-
    finer or any such person), or
      (2) receives less than 50 percent of his annual income from
    refining or marketing of gasoline.
For the purpose of this section, the term "refiner" shall not include
any refiner whose total refinery capacity (including the refinery ca-
pacity of any person  who controls, is controlled by, or is under
common control with,  such refiner) does not exceed 65,000 barrels
per day. For purposes of  this section, "control" of a corporation
means ownership of more than 50 percent of its stock.
[42 U.S.C. 7625]

               EXEMPTIONS FOR CERTAIN TERRITORIES

  SEC. 325. (aXD Upon petition by the governor of Guam, American
Samoa, [the Virgin  Islands,] 2  or  the  Commonwealth of the
Northern  Mariana  Islands,  the  Administrator  is authorized to
exempt any person or  source or class of persons or sources in such
territory from any requirement under this Act other than section
112 or any requirement under section  110 or part  D necessary to
attain or  maintain a national  primary ambient air quality stand-
ard.  Such exemption  may be  granted if the Administrator  finds
that compliance with such requirement is  not feasible or is unrea-
sonable due  to unique geographical,  meteorological, or economic
factors of such territory, or such other local factors as the Adminis-
trator deems significant. Any such petition  shall be considered in
  1 Probably should refer to section 323.
  "P.L. 101-549, sec. 806,  104 Stat 2689. Amended sec. 324(aK!) by inserting "the Virgin Is-
lands," after "American Samoa,". The amendment probably should have been made to section
325(aXl).

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319	CLEAN AIR ACT	Sec. 328

accordance with section 307(d) and any exemption under this sub-
section  shall be considered final action by the Administrator for
the purposes of section 307(b),
  (2) The Administrator  shall promptly notify  the Committees on
Energy  and Commerce and on Interior and Insular Affairs of the
House of Representatives and the Committees on Environment and
Public Works and on Energy and Natural Resources of the Senate
upon  receipt of any petition under this subsection and of the ap-
proval or rejection of such petition and the basis for such action.
  (b) Notwithstanding any other provision of this Act, any fossil
fuel fired steam electric power plant operating within  Guam as of
the date of enactment of this section is hereby exempted from:
      (1) any  requirement of the new source performance stand-
    ards relating to sulfur dioxide promulgated under section 111
    as of such date of enactment; and
      (2) any regulation relating to sulfur dioxide standards or lim-
    itations contained in a State  implementation plan  approved
    under section  110 as  of such date of enactment: Provided, That
    such exemption shall expire eighteen months after such date
    of enactment  unless the Administrator determines that such
    plant is making all emissions reductions practicable to prevent
    exceedances of the national ambient air quality standards for
    sulfur dioxide.
[42 U.S.C. 7625-1]

               CONSTRUCTION OF CERTAIN CLAUSES

  SEC. 326. The parenthetical cross references in any provision of
this Act to other provisions of the Act, or other provisions of law,
where the words  "relating to"  or "pertaining  to" are used, are
made only for convenience, and shall be given no legal effect.
(42 U.S.C. 7625a]
SEC. 327. AUTHORIZATION OF APPROPRIATIONS.
  (aj IN GENERAL.—There are authorized  to be appropriated to
carry out this Act such sums as may be necessary for the  7 fiscal
years commencing  after  the enactment  of the  Clean Air  Act
Amendments of 1990.
  (b) GRANTS FOR PLANNING.—There are authorized to be appropri-
ated (1) not more  than $50,000,000 to carry out section 175 begin-
ning in  fiscal year 1991, to be available until expended, to develop
plan revisions required by subpart 2, 3, or 4 of part D of title I, and
(2) not more than $15,000,000 for each of the 7 fiscal years com-
mencing after the enactment of the Clean Air Act Amendments of
1990 to  make grants to the States to prepare implementation plans
as required by subpart 2,  3, or 4 of part D of title I.
[42 U.S.C. 7626]
SEC. 328. AIR POLLUTION FROM OI'TKR CONTINENTAL SHELF ACTIVI-
           TIES.
  (aXl) APPLICABLE REQUIREMENTS FOR CERTAIN  AREAS.—Not later
than 12 months after the enactment of the Clean Air Act Amend-
ments of 1990, following consultation with the Secretary of the In-
terior and the Commandant of the United States Coast Guard, the
Administrator,  by rule, shall establish requirements to control air

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 Sec. 328	CLEAN AIR ACT	322

 States to the same extent and in the same manner as such require-
 ments apply to the  Great Lakes, the Chesapeake Bay,  and their
 tributary waters.
      (2) The  regulatory requirements  of  section  112(n)  of  the
    Clean Air Act shall apply to  the coastal waters of the States
    which are subject to subsection (a) of this section, to the same
    extent and in the same  manner as such  requirements apply to
    the  Great Lakes,  the Chesapeake  Bay, and their  tributary
    waters.
 (42 U.S.C. 7627]

                TITLE IV—NOISE POLLUTION

  SEC. 401. This title may  be cited  as  the  "Noise Pollution and
 Abatement Act of 1970".
  SEC. 402. (a) The Administrator shall establish within the the En-
 vironmental  Protection  Agency an Office of  Noise Abatement and
 Control,  and shall carry out through such Office a full  and com-
 plete  investigation and  study  of noise and its effect  on the public
 health and welfare in order to (1) identify and classify causes and
 sources of noise, and (2)  determine—
      (A) effects at various levels;
      (B) projected growth of noise levels in urban areas through
    the year 2000;
      (C) the psychological and physiological  effect on humans;
      (D) effects of sporadic extreme  noise (such as jet noise near
    airports) as compared with constant noise;
      (E) effect on wildlife and property (including values);
      (F) effect of sonic booms on  property (including values); and
      (G) such other matters  as may be of  interest  in the  public
    welfare.
  (b) In conducting such investigation, the Administrator shall hold
public hearings,  conduct research, experiments, demonstrations,
and studies. The Administrator shall  report  the results of such in-
vestigation and study, together with his recommendations for legis-
lation or other action, to the President and the Congress not later
than one year after the date of enactment of this title.
  (c) In any case where any Federal department or a agency is car-
rying put or sponsoring any activity  resulting in noise which the
administrator determines amounts to  a public nuisance or is other-
wise objectionable, such department  or agency shall consult with
the Administrator to determine  possible means  of  abating such
noise.
  SEC. 403. There is authorized to be appropriated such amount,
not to exceed $30,000,000, as may be  necessary for the purposes of
this title.
               TITLE IV-ACID DEPOSITION CONTROL '
Sec. 401. Findings and purpose. *
Sec. 402. Definitions.
Sec. 403. Sulfur dioxide allowance program for  existing and new unite.
Sec. 404. Phase I sulfur dioxide requirements.
Sec. 405. Phase II sulfur dioxide requirements.
Sec. 406. Allowances for States with  emissions rates at or below  0.80 Ibs/mmBtu.
Sec. 407. Nitrogen oxides emission reduction program.
Sec. 408. Permits and compliance plans.
  * A second title IV was added by P.L. 101-549, sec 401, 104 Stat. 2584, without repealing exial-
ine title IV.

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323	CLEAN AIR ACT	Sec. 401

Sec. 409, Repowered sources.
Sec. 410. Election for additional sources.
Sec. 411. Excess emissions penalty.
Sec. 412. Monitoring, reporting, and recordkeeping requirements.
Sec. 41$. General compliance with other provisions.
Sec. 414. Enforcement.
Sec. 415. Clean coal technology regulatory incentives.
Sec. 416. Contingency guarantee; auctions, reserve.
SEC. 401. FINDINGS AND PURPOSES.
  (a) FINDINGS.—The Congress finds that—
      (1) the presence of acidic compounds and their precursors in
    the -atmosphere and  in deposition from the atmosphere repre-
    sents a threat to natural resources, ecosystems, materials, visi-
    bility, and public health;
      (2)- the principal sources of the acidic compounds and their
    precursors in the atmosphere are emissions of sulfur and nitro-
    gen oxides from the combustion of fossil fuels;
      (3) the problem of acid deposition is of national and interna-
    tional significance;
      (4) strategies and technologies for the control of precursors to
    acid deposition  exist now that are economically feasible,  and
    improved methods are expected to become increasingly  avail-
    able over the next decade;
      (5) current and future  generations  of Americans  will be ad-
    versely affected by delaying measures to  remedy the problem;
      (6) reduction  of total atmospheric  loading of sulfur dioxide
    and nitrogen oxides  will  enhance  protection of  the  public
    health and welfare and the environment; and
      (7)  control measures to reduce precursor  emissions from
    steam-electric generating units .should be  initiated without
    delay.
  (b) PURPOSES.—The purpose of this title is to reduce the adverse
effects of acid deposition through  reductions in annual emissions of
sulfur dioxide of ten million tons from 1980 emission levels, and, in
combination with other provisions  of this Act, of nitrogen oxides
emissions  of approximately two  million  tons  from 1980 emission
levels, in the forty-eight  contiguous States and the District of Co-
lumbia. It  is the intent of this title  to effectuate such reductions by
requiring compliance by affected sources  with prescribed emission
limitations by specified deadlines,  which limitations may  be met
through alternative methods of compliance provided by an emis-
sion allocation and  transfer system. It is also the purpose of this
title to  encourage energy conservation, use of renewable and clean
alternative technologies,  and pollution prevention  as a  long-range
strategy, consistent  with the provisions of this title, for reducing
air pollution and other adverse impacts of energy production  and
use.
[42 U.S.C- 7651]

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Sec. 402	CLEAN AIR ACT	324

SEC. 402. DEFINITIONS.
  As used in this title:
      (1) The term "affected source" means a source that includes
    one or more affected units.
      (2) The term "affected unit" means a unit that is subject to
    emission reduction requirements or limitations under this title.
      (3) The term "allowance" means an authorization, allocated
    to an affected unit by the Administrator under  this title, to
    emit,  during or  after  a  specified calendar year, one ton of
    sulfur dioxide.
      (4) The term "baseline"  means the annual quantity of fossil
    fuel consumed by  an affected unit, measured in millions of
    British Thermal Units ("mmBtu's"), calculated as follows:
          (A) For each utility  unit that was in commercial  oper-
        ation prior to  January  1, 1985, the baseline  shall be the
        annual average quantity of  mmBtu's consumed  in  fuel
        during calendar years 1985, 1986, and 1987, as recorded by
        the Department of Energy pursuant to Form  767. For any
        utility unit for which such form was not filed, the baseline
        shall be the  level specified for such  unit in the 1985 Na-
        tional Acid Precipitation Assessment Program  (NAPAP)
        Emissions Inventory, Version 2, National Utility Reference
        File (NURF) or in a corrected data base as established by
        the Administrator pursuant to paragraph (3). For non-utili-
        ty units, the baseline is the NAPAP Emissions Inventory,
        Version  2. The  Administrator, in the Administrator's sole
        discretion, may exclude  periods during which a  unit is
        shutdown for a continuous period of four calendar months
        or longer, and  make appropriate adjustments under this
        paragraph. Upon petition of the owner or  operator of any
        unit,  the Administrator  may  make  appropriate  baseline
        adjustments for accidents that caused prolonged outages.
         (B) For any other nonutility unit that is not included in
        the NAPAP Emissions Inventory, Version 2, or a corrected
        data base as established by the Administrator pursuant to
        paragraph (3),  the baseline shall be the annual average
        quantity, in mmBtu consumed in fuel by that unit, as cal-
        culated  pursuant to  a  method which the administrator
        shall  prescribe by regulation  to be promulgated not  later
        than  eighteen  months  after enactment of the  Clean Air
        Act Amendments of 1990.
         (C)  The Administrator shall, upon  application or on  his
        own  motion,  by  December  31,  1991,  supplement  data
        needed in support of this title and correct  any  factual
        errors in data from which affected Phase II units'  base-
        lines  or  actual  1985 emission rates have been calculated.
        Corrected data shall be used for purposes of issuing allow-
        ances under the title. Such corrections shall not be subject
        to judicial review, nor shall the failure of the Administra-
        tor to correct an alleged factual error  in such  reports be
        subject to judicial review.

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325	CLEAN AIR ACT	Sec. 402

      (5) The term "capacity factor" means the ratio between  the
    actual  electric  output from a unit and the potential  electric
    output from that unit.
      (6) The term "compliance plan" means, for purposes of  the
    requirements of this title, either—
          (A) a statement that the source will comply with all  ap-
        plicable requirements under this title, or
          (B) where applicable, a schedule and  description of the
        method  or methods for compliance and certification by the
        owner or operator that the source is in compliance with
        the requirements of this title.
      (7) The  term  "continuous emission  monitoring system"
    (CEMS) means  the equipment as required  by section 412, used
    to sample, analyze, measure, and provide on a continuous basis
    a permanent record of emissions and flow (expressed in  pounds
    per million  British thermal units (Ibs/mmBtu), pounds per
    hour (Ibs/hr) or such other form as the Administrator may pre-
    scribe by regulations under section 412).
      (8) The term "existing unit" means a unit (including  units
    subject to  section 111) that commenced  commercial operation
    before  the date of enactment of the Clean Air Act Amend-
    ments of 1990. Any unit that commenced commercial operation
    before  the date of enactment of the Clean Air Act Amend-
    ments of 1990 which is modified, reconstructed, or repowered
    after the date of enactment of the Clean Air Act Amendments
    of 1990 shall continue to be an existing unit for the purposes of
    this title. For the purposes of this title, existing units shall not
    include simple  combustion turbines,  or units which serve a
    generator with a nameplate capacity of 25MWe or less.
      (9) The term "generator" means  a device that produces elec-
    tricity and which is reported as a generating unit pursuant to
    Department  of Energy Form 860.
      (10) The term "new unit" means a unit that commences com-
    mercial operation on  or  after the date of enactment  of the
    Clean Air Act Amendments of 1990.
      (11) The term "permitting authority" means the Administra-
    tor, or  the State or local air pollution control agency, with  an
    approved permitting program under part  B of title III of the
    Act.
      (12) The term "repowering" means  replacement of an exist-
    ing coal-fired boiler with one of the following clean coal tech-
    nologies: atmospheric or pressurized fluidized bed combustion,
    integrated  gasification  combined  cycle,  magnetohydrodyna-
    mics, direct and indirect coal-fired turbines, integrated gasifica-
    tion fuel cells, or as determined by the Administrator,  in con-
    sultation with the Secretary of Energy, a derivative of one or
    more of these  technologies, and any other technology capable
    of controlling  multiple combustion emissions simultaneously
    with improved boiler or generation efficiency and with  signifi-
    cantly greater waste reduction relative to the performance of
    technology in widespread commercial  use as of the date of en-
    actment of the Clean  Air Act Amendments of 1990. Notwith-
    standing the provisions of section 409(a), for the purpose of this

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Sec. 402	CLEAN AIR ACT	326

    title, the term "repowering" shall also include any oil and/or
    gas-fired unit which has been awarded clean coal technology
    demonstration funding as of January 1,  1991, by the Depart-
    ment of Energy.
      (13) The term "reserve" means any bank of allowances estab-
    lished by the Administrator under this title.
      (14) The term "State" means one of the 48 contiguous States
    and the District of Columbia.
      (15) The term "unit" means a fossil fuel-fired combustion
    device.
      (16) The term "actual 1985 emission rate", for electric utility
    units means the annual sulfur dioxide or nitrogen oxides emis-
    sion rate in pounds per million Btu as reported in the NAPAP
    Emissions Inventory, Version 2,  National Utility  Reference
    File. For nonutility units, the term "actual 1985 emission rate"
    means  the annual sulfur dioxide  or nitrogen oxides emission
    rate in pounds per  million Btu as reported in the  NAPAP
    Emission Inventory, Version 2.
      (17XA) The term "utility unit" means—
         (i) a unit that  serves a generator in any State that pro-
        duces electricity for sale, or
         (ii) a unit that, during  1985, served a generator in any
        State that produced electricity for sale.
      (B) Notwithstanding subparagraph (A),  a unit described in
    subparagraph (A) that—
         (i) was in commercial operation during 1985, but
         (ii) did not, during 1985, serve a  generator in any State
        that produced electricity for sale shall not be a utility unit
        for purposes of this title.
      (p A unit that cogenerates steam and electricity is not a
    "utility unit" for  purposes of this title unless the unit is con-
    structed for the purpose of supplying, or commences construc-
    tion after the date of enactment of this  title and supplies, more
    than one-third of its potential electric output capacity and
    more than 25 megawatts electrical output to any utility power
    distribution system for sale.
      (18) The term "allowable 1985 emissions rate"  means a feder-
    ally enforceable emissions limitation  for sulfur  dioxide  or
    oxides of nitrogen, applicable to the  unit in 1985 or the limita-
    tion applicable in such other subsequent year as determined by
    the Administrator if such a limitation  for 1985  does not exist.
    Where  the emissions limitation for a unit is not expressed in
    pounds of emissions per million Btu, or  the averaging period of
    that emissions limitation is not expressed on an annual basis,
    the Administrator shall calculate the annual equivalent of that
    emissions limitation in pounds per million Btu to establish the
    allowable 1985 emissions rate.
      (19) The term "qualifying phase I technology" means a tech-
    nological  system  of continuous  emission  reduction which
    achieves a 90 percent reduction in emissions of sulfur dioxide
    from the emissions  that would have resulted from the use of
    fuels which were not subject to treatment prior  to combustion.

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327	CLEAN AIR ACT	Sec. 402

      (20) The term "alternative method of compliance" means a
    method of compliance in  accordance with one or more of the
    following authorities:
          (A)  a substitution plan submitted  and approved in ac-
        cordance with subsections 404 (b) and (c);
          (B)  a Phase I  extension plan approved by the Adminis-
        trator under section 404(d), using qualifying phase I tech-
        nology as determined by the Administrator in accordance
        with that section; or
          (C)  repowering with a qualifying clean coal technology
        under section 409.
      (21) The term "commenced" as applied to construction of any
    new electric utility unit means that an owner or operator has
    undertaken a continuous  program  of construction or that an
    owner or operator has entered  into a contractual obligation to
    undertake and complete, within a reasonable time, a continu-
    ous program of construction.
      (22) The term  "commenced commercial operation"  means to
    have begun to generate electricity for sale.
      (23) The term  "construction" means fabrication, erection, or
    installation of an affected unit.
      (24) The term "industrial source"  means a unit that does not
    serve  a generator that produces electricity, a "nonutility unit"
    as defined in this section, or a process source as defined in sec-
    tion 410(e).
      (25) The term  "nonutility unit" means a unit  other  than  a
    utility unit.
      (26) The term "designated representative" means a responsi-
    ble  person or official authorized by  the owner or operator of a
    unit to represent the owner or operator in matters pertaining
    to the holding, transfer, or disposition of allowances allocated
    to a unit,  and the submission of and compliance with permits,
    permit applications, and compliance plans for the unit.
      (27)  The term  "life-of-the-unit, firm  power contractual ar-
    rangement" means a unit participation power sales agreement
    under which a utility or industrial customer reserves, or is en-
    titled  to receive, a specified amount or percentage of capacity
    and associated energy generated by a specified generating unit
    (or units) and pays its proportional amount of such unit's total
    costs,  pursuant to a contract either—
          (A) for the life of the unit;
          (B)  for a cumulative term of no less than 30 years, in-
        cluding contracts that permit an election for early termi-
        nation; or
          (C) for a period equal to  or greater than 25 years or 70
        percent of the economic useful  life of the unit determined
        as of the time the unit was  built, with option  rights to pur-
        chase or re-lease some portion of the capacity and associat-
        ed energy generated by the unit (or units) at the end of the
        period.
      (28) The term "basic Phase II allowance allocations"  means:
          (A) For calendar years 2000 through 2009 inclusive, allo-
        cations of allowances made by the Administrator pursuant

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 Sec. 403	CLEAN AIR ACT	328

        to section 403 and subsections (bXU  (3), and (4); (cXD, (2),
        (3), and (5); (dXD, (2), (4), and (5); (e); (fl; (gXl), (2), (3), (4),
        and (5); (hXD; (i) and 
-------
329	CLEAN AIR ACT	Sec. 403

2010. After notice  and opportunity for public  comment,  but not
later than December 31,  1992, the Administrator shall publish a
final list  of such allocations, subject to the provisions of section
405(aX2). Any owner or operator of an existing  unit subject to the
requirements of section 405(b) or (c) who is considering applying for
an  extension  of the emission limitation requirement compliance
deadline for that unit from January 1, 2000, until not later  than
December 31, 2000,  pursuant to section 409, shall notify the Admin-
istrator no later than March 31,  1991. Such notification shall be
used as  the  basis  for  estimating the  basic Phase II allowances
under this subsection.  Prior  to June 1,  1998,  the Administrator
shall publish  a revised final statement of allowance allocations,
subject to the provisions of section 405(a)(2) and taking into account
the  effect of any compliance  date extensions granted pursuant to
section 409 on such allocations. Any person who may make an elec-
tion concerning the amount of allowances to be allocated to a unit
or units shall  make such election and so inform the Administrator
not later than March 31, 1991, in the case of an election under sec-
tion 405 (or June 30, 1991, in  the case of an election under section
406). If such person fails to  make such election, the Administrator
shall set forth for each  unit owned or operated by such person, the
amount of allowances  reflecting the election  that would,  in the
judgment of the Administrator, provide  the greatest benefit for the
owner or operator  of the unit. If such  person is a Governor who
may make an election under section 406 and the Governor  fails to
make an election, the Administrator shall set forth for each unit in
the  State the amount  of allowances reflecting the  election  that
would, in the judgment of the Administrator, provide the greatest
benefit for units in  the State.
  (b) ALLOWANCE TRANSFER SYSTEM.—Allowances  allocated under
this title may be transferred  among designated representatives of
the owners or operators of affected sources under this title and any
other person who holds such allowances, as provided  by the allow-
ance system regulations to  be promulgated  by  the Administrator
not later than eighteen months after the date of enactment of the
Clean  Air Act Amendments of 1990. Such  regulations shall estab-
lish  the allowance system prescribed under this section, including,
but  not limited to, requirements for the allocation, transfer,  and
use of allowances under this  title. Such regulations shall prohibit
the use of any allowance  prior to the calendar year for which the
allowance was allocated, and shall provide, consistent  with the pur-
poses of this title,  for the identification of unused  allowances, and
for such  unused allowances  to be carried forward and added to al-
lowances allocated  in subsequent years, including  allowances allo-
cated to units subject to Phase I requirements (as described in sec-
tion 404) which are applied to emissions limitations  requirements
in Phase  II (as described in section 405). Transfers of allowances
shall not be effective until  written certification  of  the transfer,
signed by a responsible official of each party to the transfer,  is re-
ceived and recorded by the Administrator. Such regulations  shall
permit the transfer of allowances prior to the issuance of such al-
lowances. Recorded pre-allocation transfers  shall  be  deducted by
the  Administrator  from the  number of allowances  which would

-------
 Sec. 403	CLEAN AIR ACT	330

 otherwise be allocated to the transferor, and added to those allow-
 ances allocated to the transferee. Pre-allocation transfers shall not
 affect the prohibition contained in this subsection against the use
 of allowances prior to the year for which they are allocated.
  (c)  INTERPOLLUTANT TRADING.—Not  later than January 1, 1994,
 the Administrator shall furnish to the Congress a study evaluating
 the environmental and  economic consequences of amending this
 title to permit trading sulfur dioxide allowances for nitrogen oxides
 allowances.
  (d)  ALLOWANCE TRACKING SYSTEM.—(1) The  Administrator shall
 promulgate, not later than 18 months after the date of enactment
 of the Clean Air Act Amendments of 1990, a system for issuing,  re-
 cording, and  tracking allowances, which shall specify all necessary
 procedures and requirements for an orderly and competitive func-
 tioning of the allowance system.  All allowance  allocations and
 transfers shall, upon  recordation by the Administrator, be deemed
 a part of each unit's  permit requirements pursuant to section 408,
without any further permit review and revision.
  (2)  In order to insure  electric reliability, such regulations shall
not prohibit or affect temporary increases and decreases in emis-
sions  within utility systems, power pools, or utilities entering into
allowance pool agreements, that result  from  their operations,  in-
cluding emergencies  and central dispatch,  and  such temporary
emissions  increases and decreases shall not require transfer of al-
lowances among units nor shall it require recordation. The  owners
or operators of such units shall act through a designated represent-
ative. Notwithstanding the preceding sentence, the total tonnage of
emissions in any calendar year (calculated at the end thereof) from
all  units in such a utility  system, power pool, or allowance pool
agreements shall not  exceed the total allowances for such units  for
the calendar year concerned.
  (e) NEW UTILITY  UNITS.—After January 1, 2000, it shall be un-
lawful for a new utility  unit to emit an annual tonnage of sulfur
dioxide in excess of the number of allowances  to emit held  for the
unit by the unit's owner  or operator. Such new utility units shall
not be eligible for an allocation of sulfur dioxide allowances under
subsection (aXD, unless the unit is subject to the provisions of sub-
section (gX2) or (3) of section 405. New utility units may obtain  al-
lowances from any person, in accordance with this title. The owner
or operator of any  new utility unit  in violation of this subsection
shall  be liable for fulfilling the obligations specified in section 411
of this title.
  (f) NATURE OF ALLOWANCES.—An allowance allocated under this
title is a limited authorization to emit sulfur dioxide  in accordance
with the provisions of this title. Such allowance does not constitute
a property right. Nothing in this title or in any other provision of
law shall be construed to limit the authority  of the United States
to terminate or limit such authorization. Nothing in this section  re-
lating to allowances shall be construed as affecting the application
of, or compliance with, any other provision of this Act to an affect-
ed unit or source, including the provisions related to applicable Na-
tional Ambient Air Quality Standards and State  implementation
 plans. Nothing in this section shall be construed as requiring a

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331	CLEAN AIR ACT	Sec. 403

change  of any kind in  any State law  regulating electric utility
rates and charges or affecting any State law regarding such State
regulation or as limiting State regulation (including any prudency
review)  under such a State law. Nothing  in this section shall be
construed as modifying the Federal Power Act or as affecting the
authority of the Federal  Energy Regulatory Commission under that
Act. Nothing in this title  shall be construed to  interfere  with or
impair any program for  competitive bidding for power supply in a
State in which such program is established. Allowances, once allo-
cated to a person by the  Administrator, may be received, held,  and
temporarily or permanently transferred in  accordance with  this
title and the regulations of the  Administrator  without regard to
whether or not a permit is in effect under title V or section  408
with respect to the unit for which such allowance was originally
allocated and recorded.  Each  permit under  this  title  and each
permit issued under title V for any affected unit shall provide that
the affected unit may not emit an annual tonnage of sulfur dioxide
in excess of the allowances held for that unit.
  (g) PROHIBITION.—It shall be unlawful for any person to hold,  use,
or transfer any allowance  allocated under this title, except in ac-
cordance with  regulations promulgated by the Administrator. It
shall be unlawful for any affected -unit -to emit sulfur dioxide in
excess of the number of allowances held for that unit for that year
by the owner or operator of the unit. Upon the allocation of allow-
ances under this title, the prohibition contained in the preceding
sentence shall supersede any other emission- limitation applicable
under this title to the units for which such allowances are allocat-
ed. Allowances may not be used prior to the  calendar year for
which they are allocated. Nothing in this  section or  in the allow-
ance system regulations  shall relieve the Administrator of the  Ad-
ministrator's permitting, monitoring and enforcement  obligations
under this Act, nor relieve affected sources of their requirements
and liabilities under this Act.
  (h) COMPETITIVE BIDDING FOR POWER  SUPPLY.—Nothing  in  this
title shall be construed to interfere with or impair any program for
competitive bidding for power supply in a State in which such  pro-
gram is established.
  (i) APPLICABILITY OF THE ANTITRUST LAWS.—
      (1) Nothing in this section affects—
          (A) the applicability of the antitrust laws to the transfer,
        use, or sale of allowances, or
          (B) the authority of the Federal Energy Regulatory Com-
        mission  under  any provision of law  respecting  unfair
        methods  of competition  or anticompetitive acts or prac-
        tices.
      (2) As used in this  section, "antitrust laws" means those Acts
    set  forth in  section 1 of the  Clayton Act  (15 U.S.C.  12), as
    amended.
  (j) PUBLIC UTILITY HOLDING  COMPANY ACT.—The acquisition or
disposition of allowances pursuant to this  title including the issu-
ance of  securities or the  undertaking of any other financing trans-

-------
 Sec. 404	CLEAN AIR ACT	332

 action in connection with such allowances shall not be subject to
 the provisions of the Public Utility Holding Company Act of 1935.
 [42 U.S.C. 7651b]
 SEC. 404.  PHASE I SULFUR DIOXIDE REQUIREMENTS.
  (a) EMISSION LIMITATIONS.—(1) After January 1, 1995, each source
 that includes one or more affected units listed in table A is an af-
 fected  source under this section. After January 1,  1995, it shall be
 unlawful for any affected unit (other than an eligible phase I unit
 under  section 404(dX2)) to emit sulfur dioxide in excess of the ton-
 nage limitation stated as a total number of allowances in table A
 for phase I, unless  (A) the emissions reduction requirements appli-
 cable to such unit have been achieved pursuant to  subsection (b) or
 (d),  or  (B) the owner or operator of such unit holds allowances to
 emit not less than  the unit's total annual emissions, except that,
 after January 1, 2000, the emissions limitations established  in this
 section shall be superseded by those established in  section 405. The
 owner  or operator  of any unit in violation of this  section shall be
 fully liable for such violation including, but not limited to, liability
 for fulfilling the obligations specified in section 411.
  (2) Not later than December 31, 1991, the Administrator shall de-
 termine the  total tonnage of reductions in the  emissions of sulfur
dioxide from all utility units in calendar year 1995 that will occur
as a result of compliance  with the  emissions  limitation require-
ments  of this section, and  shall establish  a reserve of allowances
equal in  amount to the number of tons determined thereby not to
exceed a total of 3.50 million tons. In making such a determination,
the Administrator shall compute for each unit subject to the emis-
sions  limitation requirements  of this section  the difference  be-
tween:
      (A)  the product of its baseline multiplied  by the lesser  of
    each unit's allowable  1985  emissions rate and its  actual 1985
    emissions rate,  divided by 2,000, and
      (B) the product of each unit's baseline multiplied by 2.50 Ibs/
    mmBtu divided by 2,000,
and  sum  the computations. The Administrator shall adjust the
 foregoing calculation to reflect projected calendar year 1995 utiliza-
 tion  of the  units subject to the emissions limitations of this  title
that the Administrator finds would have occurred in the absence of
the imposition of such requirements. Pursuant to subsection  (d),
the Administrator shall allocate allowances from the reserve estab-
 lished  hereinunder  until the earlier of such time as all such allow-
 ances in the reserve are allocated or December 31, 1999.
  (3) In addition to  allowances allocated pursuant to paragraph (1),
 in each calendar year beginning in 1995 and ending in 1999, inclu-
sive, the Administrator shall allocate  for each unit  on Table A that
 is located in  the States of Illinois, Indiana, or Ohio (other than
 units at Kyger Creek, Clifty Creek and Joppa Steam), allowances in
 an amount equal to 200,000 multiplied by the unit's pro rata share
 of the  total number of allowances allocated for all units on Table A
 in the  3 States (other than  units at Kyger  Creek, Clifty Creek, and
 Joppa  Steam) pursuant to paragraph (1>. Such allowances shall be
 excluded from the  calculation of the reserve under paragraph (2).

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333	CLEAN AIR ACT	Sec. 404

  (b) SUBSTITUTIONS.—The owner  or operator of an affected unit
under subsection (a) may include in its section 408 permit applica-
tion and proposed compliance plan a proposal to reassign, in whole
or in part, the affected unit's sulfur dioxide reduction requirements
to any other unitts) under the control of such  owner or operator.
Such proposal shall specify—
      (1) the designation of the substitute  unit  or units to which
    any part of the  reduction obligations of subsection (a) shall be
    required,  in addition  to,  or in lieu  of, any original affected
    units designated under such subsection;
      (2) the original affected unit's baseline, the actual and allow-
    able 1985  emissions rate for sulfur dioxide, and the authorized
    annual allowance allocation stated in table A;
      (3) calculation  of the annual average tonnage  for  calendar
    years 1985, 1986, and 1987, emitted  by the  substitute unit or
    units, based on the baseline for each  unit, as defined in section
    402(d), multiplied by the lesser of the unit's actual or allowable
    1985 emissions rate;
      (4) the emissions rates and tonnage limitations that would be
    applicable  to the original and substitute affected units under
    the substitution  proposal;
      (5) documentation,  to the satisfaction of the Administrator,
    that the reassigned  tonnage limits will, in  total, achieve the
    same or greater emissions reduction than  would  have been
    achieved by the original affected unit and the substitute unit
    or units without such substitution; and
      (6) such other information as the Administrator may require.
  (c) ADMINISTRATOR'S ACTION  ON SUBSTITUTION  PROPOSALS.—(1)
The Administrator shall  take final action on such substitution pro-
posal in accordance with section 408(c) if the substitution  proposal
fulfills the requirements of this subsection. The Administrator may
approve a substitution proposal  in  whole  or in part and with such
modifications or conditions as may be consistent with the orderly
functioning  of the allowance system  and  which will ensure the
emissions reductions contemplated by  this title.  If a proposal does
not meet the  requirements of subsection  (b),  the  Administrator
shall disapprove it. The owner or operator of a unit listed in table
A shall  not  substitute another unit or  units without the prior ap-
proval of the Administrator.
  (2) Upon  approval of a substitution  proposal, each substitute
unit, and each source with such  unit, shall be deemed affected
under this title, and the Administrator shall issue a permit to the
original and substitute affected source and unit  in accordance with
the approved substitution plan and section 408.  The Administrator
shall allocate  allowances for  the  original and  substitute affected
units in accordance with the approved substitution proposal pursu-
ant to section  403. It shall be unlawful for any source or unit that
is allocated allowances pursuant to this section to emit sulfur diox-
ide in excess  of the  emissions limitation provided  for in the ap-
proved substitution permit and plan unless  the owner or operator
of each unit governed by the permit and  approved substitution
plan holds allowances to emit not less than  the units total annual
emissions. The owner or operator of any original or substitute af-

-------
Sec. 404	CLEAN  AIR ACT	334

fected unit operated in  violation of this subsection shall be fully
liable for such violation, including liability for fulfilling the obliga-
tions specified in section 411 of this title. If a substitution proposal
is disapproved, the Administrator shall allocate allowances  to the
original affected unit or units in accordance with subsection (a).
  (d) ELIGIBLE PHASE I EXTENSION UNITS.—(1) The owner or  opera-
tor of any affected unit subject to an emissions limitation require-
ment under this  section  may petition the Administrator  in  its
permit application under section  408 for an extension  of 2 years of
the  deadline  for  meeting such  requirement,  provided  that the
owner or operator of any  such unit holds allowances to emit not
less  than the  unit's  total annual emissions for each of the 2 years
of the period of extension.  To qualify for such an extension, the af-
fected unit must either employ a qualifying phase I technology,  or
transfer  its phase I emissions reduction obligation to a unit em-
ploying a qualifying phase I technology. Such transfer shall be ac-
complished  in accordance  with a compliance plan,  submitted and
approved under section 408, that shall  govern operations  at  all
units included in the transfer, and that specifies the emissions re-
duction requirements imposed pursuant to this title.
  (2) Such extension proposal shall—
      (A) specify the unit  or units proposed for designation as an
    eligible phase  I extension unit;
      (B) provide  a  copy of an executed  contract,  which may be
    contingent upon the Administrator approving the  proposal,  for
    the  design engineering,  and construction  of  the qualifying
    phase I technology for the extension unit, or for the unit or
    units to which the  extension unit's emission reduction obliga-
    tion  is to be transferred;
      (C) specify the unit's or units' baseline, actual  1985 emissions
    rate,  allowable  1985 emissions rate, and projected utilization
    for calendar years 1995 through 1999;
      (D) require CEMS on both the eligible phase I extension unit
    or units and the transfer unit or units beginning no later than
    January 1, 1995; and
      (E) specify the emission limitation and number of allowances
    expected to be necessary for annual operation after the qualify-
    ing phase I technology has been installed.
  (3) The Administrator shall review and take final  action on each
extension proposal in order of receipt, consistent with section 408,
and  for an approved proposal shall designate the unit or units  as
an eligible phase I extension unit. The Administrator  may approve
an extension proposal in whole or in part, and with such modifica-
tions or conditions as may  be necessary, consistent with the orderly
functioning of the allowance system, and to ensure the emissions
reductions contemplated by the title.
  (4) In order  to determine the number of proposals eligible  for al-
locations from the reserve under subsection (aX2) and the number
of allowances remaining  available after each  proposal  is acted
upon, the Administrator shall reduce the total number of allow-
ances remaining available in the reserve by the number of allow-
ances calculated according to subparagraphs (A), (B) and (C) until
either no allowances remain available in the reserve for further al-

-------
335	CLEAN AIR ACT	Sec. 404

location or all approved proposals have been acted upon. If no al*
lowances remain  available in the reserve for further allocation
before all proposals have been acted  upon by the Administrator,
any pending  proposals shall be disapproved. The  Administrator
shall calculate allowances equal to—
      (A) the difference between the lesser of the average annual
    emissions  in calendar years 1988 and 1989 or the projected
    emissions tonnage for calendar year 1995 of each eligible phase
    I extension unit, as designated  under paragraph  (3), and the
    product of the unit's baseline multiplied by an emission rate of
    2.50 Ibs/mmBtu, divided by 2,000;
      (B) the difference between the lesser of the average annual
    emissions  in calendar years 1988 and 1989 or the projected
    emissions tonnage for calendar year 1996 of each eligible phase
    I extension unit, as designated  under paragraph  (3), and the
    product of the unit's baseline multiplied by an emission rate of
    2.50 Ibs/mmBtu, divided by 2,000; and
      (C) the amount by which (i) the product of each unit's base-
    line multiplied by an emission rate of 1.20 Ibs/mmBtu, divided
    by 2,000, exceeds (ii) the tonnage level specified under subpara-
    graph (E)  of paragraph (2) of this subsection multiplied by a
    factor of 3.
  (5) Each eligible Phase I extension unit shall receive allowances
determined under subsection (aXD or (c) of this section. In addition,
for calendar year 1995, the Administrator shall allocate to each eli-
gible Phase I extension unit, from the allowance reserve created
pursuant to subsection (aX2), allowances equal to the difference be-
tween the lesser of the average annual emissions in calendar years
1988 and 1989  or its projected emissions tonnage for calendar year
1995 and the product of the unit's baseline multiplied by an emis-
sion rate of 2.50 Ibs/mmBtu,  divided by 2,000. In calendar year
1996, the Administrator shall allocate for each eligible unit,  from
the allowance  reserve  created  pursuant to subsection  (aX2), allow-
ances equal to the difference  between the lesser of  the average
annual  emissions in calendar years 1988  and 1989 or its projected
emissions tonnage for calendar year 1996 and the product of the
unit's baseline multiplied by an emission rate of 2.50  Ibs/mmBtu,
divided  by 2,000. It shall be unlawful for any source or unit subject
to an approved extension plan  under this  subsection to emit sulfur
dioxide  in excess of the emissions limitations provided for in the
permit and approved extension plan, unless the owner or operator
of each unit governed by the permit and approved plan holds al-
lowances to emit not less than the  unit's total annual emissions.
  (6) In addition to allowances specified in paragraph (5), the Ad-
ministrator shall allocate for each eligible Phase I extension unit
employing qualifying Phase I technology, for calendar years 1997,
1998, and 1999, additional  allowances, from any  remaining allow-
ances in the reserve created pursuant to subsection (a)(2), following
the reduction in the reserve provided  for in paragraph (4), not to
exceed the amount by  which (A) the product of each eligible unit's
baseline times an  emission  rate  of  1.20 Ibs/mmBtu,  divided by
2,000, exceeds (B) the  tonnage  level  specified under subparagraph
(E) of paragraph (2) of this subsection.

-------
 Sac. 404	CLEAN  AIR ACT	336

   (7)  After January 1, 1997, in addition to any liability under this
 Act, including under section 411, if any eligible  phase I extension
 unit employing qualifying phase I technology or any transfer unit
 under this subsection emits sulfur dioxide in excess of the annual
 tonnage limitation specified in the extension plan, as approved in
 paragraph (3) of this subsection, the Administrator shall, in the cal-
 endar year  following such excess, deduct allowances equal to the
 amount of such excess from such unit's annual allowance alloca-
 tion.
  (eXD In the case of a unit that receives authorization  from the
 Governor of the State in which such unit is located to make reduc-
 tions  in the emissions of sulfur dioxide prior to calendar year 1995
 and that is part of a  utility system that  meets the following re-
 quirements: (A) the total  coal-fired generation within the utility
 system as a percentage of total  system generation  decreased by
 more  than 20 percent between January 1,  1980, and December 31,
 1985;  and (B) the weighted  capacity factor  of all  coal-fired units
 within the utility system averaged over the period from January 1,
 1985,  through December 31, 1987, was below 50 percent, the Ad-
 ministrator shall allocate allowances under this paragraph for the
 unit pursuant to this subsection. The Administrator shall allocate
 allowances for a  unit that is an  affected unit pursuant to section
 405 (but is not also an affected unit under this section) and part of
 a utility system that includes 1 or more affected units under sec-
 tion 405 for reductions  in the emissions  of sulfur dioxide made
during the period 1995-1999 if the unit meets the requirements of
 this subsection and the requirements of the preceding  sentence,
 except that for the purposes of applying this subsection to any such
 unit, the prior year concerned as specified below, shall be any year
 after January 1, 1995 but prior to January 1, 2000.
  (2) In the case of an  affected unit under this section described in
 subparagraph (A), the allowances allocated  under this subsection
 for early reductions in any prior year may not exceed the amount
which (A) the product of the unit's baseline multiplied by the unit's
 1985 actual sulfur dioxide emission rate (in Ibs. per mmBtu), divid-
ed by 2,000, exceeds (B) the allowances specified for such unit in
Table A. In the case of an affected unit under section 405 described
 in subparagraph (A), the allowances awarded under this subsection
 for early reductions in any prior year may not exceed the amount
by which (i) the product of the quantity of fossil  fuel consumed by
the unit (in mmBtu) in the prior year multiplied by the  lesser of
 2.50 or the most stringent emission rate (in Ibs.  per mmBtu) appli-
cable  to the unit under the applicable implementation plan, divid-
 ed by 2,000, exceeds (ii) the unit's actual tonnage of sulfur dioxide
emission for the prior  year concerned. Allowances allocated under
this subsection for units referred  to in subparagraph (A) may be al-
 located only for emission reductions achieved as a result of physi-
 cal changes or changes in  the method of operation made after the
 date of enactment of the Clean Air Act Amendments of  1990, in-
cluding changes in the type or quality of fossil fuel consumed.
  (3) In no event  shall the provisions of this paragraph  be inter-
 preted as an event of force majeur or a commercial impractibility
 or in  any other way as a basis for  excused  nonperformance by a


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337
CLEAN AIR ACT
Sec. 404
utility system under a coal sales contract in effect before the date
of enactment of the Clean Air Act Amendments of 1990.

  TABLE A.—AFFECTED SOURCES AND UNITS IN PHASE I AND THEIR
              SULFUR DIOXIDE ALLOWANCES (TONS)

State

Alabama 	









Florida 	




Georgia 	


















Illinois 	
















Indiana 	


Plant Name

	 Colbert 	




E.C. Gaston 	




	 Big Bend 	


Crist 	

	 Bowen 	



Hammond 	



J. McDonough 	

Wansley 	

Yates 	






	 Baldwin 	


Cofleen 	

Grand Tower 	
Hennepin 	
Joppa Steam 	





Kincaid 	

Meredosia 	
Vermilion 	
	 Bailly 	


Generator

1
2
3
4
5
1
2
3
4
5
1
2
3
6
7
1
2
3
4
1
2
3
4
1
2
1
2
1
2
3
4
5
6
7
1
2
3
1
2
4
2
1
2
3
4
5
6
1
2
3
2
7
8
Phase I
Allow-
ances
13,570
15,310
15,400
15,410
37,180
18,100
18,540
18,310
19,280
59,840
28,410
27,100
26,740
19,200
31,680
56,320
54,770
71,750
71,740
8,780
9,220
8,910
37,640
19,910
20,600
70,770
65,430
7,210
7,040
6,950
8,910
9,410
24,760
21,480
42,010
44,420
42,550
11,790
35,670
5,910
18,410
12,590
10,770
12,270
11,360
11,420
10.620
31,530
33,810
13,890
8,880
11,180
15,630

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Sec. 404
CLEAN AIR ACT
338


State




































Iowa 	





Kansas 	
Kentucky 	
















Maryland 	


Plant Name

Breed 	
Cayuga 	

Clifty Creek 	





E. W. Stout 	


F. B. Culley 	

F. E. Ratts 	

Gibson 	



H. T. Pritchard 	
Michigan City 	
Petersburg 	

R, Gallagher 	



Tanners Creek 	
Wabash River 	




Warrick 	
	 Burlington 	
Des Moines 	
George Neal 	
M.L.Kapp 	
Prairie Creek 	
Riverside 	
	 Quindaro 	
	 Coleman 	


Cooper 	

E.W, Brown 	


Elmer Smith 	

Ghent 	
Green River 	
H.L. Spurlock 	
Henderson II 	

Paradise 	
Shawnee 	
	 Chalk Point 	


Generator

1
1
2
1
2
3
4
5
6
5
6
7
2
3
1
2
1
2
3
4
6
12
1
2
1
2
3
4
4
1
2
3
5
6
4
1
7
1
2
4
5
2
1
2
3
1
2
1
2
3
1
2
1
4
1
1
2
3
10
1
2

Phase I
Allow-
ances
18,500
33,370
34,180
20,150
19,810
20,410
20,080
19,360
20,380
3,880
4,770
23,610
4,290
16,970
8,330
8,480
40,400
41,010
41,080
40,320
5,770
23,310
16,430
32,380
6,490
7,280
6,530
7,650
24,820
4,000
2,860
3,750
3,670
12,280
26,980
10,710
2,320
1,290
13,800
8,180
3,990
4,220
11,250
12,840
12,340
7,450
15.320
7,110
10,910
26,100
6,520
14,410
28,410
7,820
22,780
13,340
12,310
59,170
10,170
21,910
24,330

-------
339
CLEAN AIR ACT
 Sec. 404
          State
    Plant Name
                                                       Generator
Phase 1
Allow-
 ances
                           C. P. Crane	           1       10,330
                                                                2        9,230
                           Morgantown	           1       35,260
                                                                2       38,480
Michigan	J.H.Campbell	           1       19,280
                                                                2       23,060
Minnesota	 High Bridge	           6        4,270
Mississippi	Jack Watson	           4       17,910
                                                                5       36,700
Missouri	 Asbury	           1       16,190
                           James River	           5        4,850
                           Labadie	           1       40,110
                           2                               37,710
                                                                3       40,310
                                                                4       35,940
                           Montrose	           1        7,390
                                                                2        8,200
                                                                3       10,090
                           New Madrid	           1       28,240
                                                                2       32,480
                           Sibley	           3       15,580
                           Sioux	           1       22,570
                                                                2       23,690
                           Thomas Hill	           1       10,250
                                                                2       19,390
New
  Hampshire	 Merrimack	           1       10,190
                                                                2       22,000
New Jersey	 B.L. England	           1        9,060
                                                                2       11,720
New York	 Dunkirk	           3       12,600
                                                                4       14,060
                           Greenidge	           4        7,540
                           Milliken	           1       11,170
                                                                2       12,410
                           Northport	           1       19.810
                                                                2       24,110
                                                                3       26,480
                           Port Jefferson	           3       10,470
                                                                4       12,330
Ohio	 Ashtabula	           5       16,740
                           Avon Lake	           8       11,650
                                                                9       30,480
                           Cardinal	           1       34,270
                                                                2       38,320
                           Conesville	           1        4,210
                                                                2        4,890
                                                                3        5,500
                                                                4       48,770
                           Eastlake	           1        7,800
                                                                2       8,640
                                                                3       10,020
                                                                4       14,510
                                                                5      34,070
                           Edgewater	           4       5,050
                           Gen. J.M. Gavin	           1       79,080
                                                                2      80,560
                           Kyger Creek	           1       19,280
                                                                2       18,560
                                                                3       17.910
                                                                4       18,710

-------
Sec. 404
CLEAN  AIR ACT
340

State Plant Name
Miami Fort . .
Muskmgum River 	
Niles 	

R.E Burger .. . .
W.H. Sammis 	
W.C. Beckjord 	
Pennsylvania .•-- Armstrong
Brunner Island 	
Cheswick
Conemaugh
Hatfield's Ferry
Martins Creek
Portland 	
Shawville
Sunbury 	
Tennessee 	 , 	 Allen 	
Cumberland 	
Gal latin
JoKnsonville.. 	 	 	 .....
West Virginia 	 Albright 	

Generator
5
5
6
7
1
2
3
4
5
	 1
2
5
.. . 3
4
5
...... 5
6
i
	 5
6
I
2
1
2
3
1
1
2
1
2
3
1
2
1
2
]
•;
3
4
	 ;i
4
	 1
2
3
	 1
•j
\
2
3
4
1
2
3
4
5
6
7
s
;)
10
3

Phase I
Allow-
ances
18,740
760
11,380
38,510
14880
14,170
13,950
11,780
40,470
6940
9,100
4930
6 150
10,780
12,430
24 170
39,930
43,220
8,950
23.020
14410
15,430
27,760
31,100
53,820
39 170
59790
66,450
37830
37,320
40,270
12660
12,820
5 940
10,230
10 3A)
10,320
14,220
14.07(1
8,76(1
11,450
15 32(1
16,770
15.670
86700
94.840
17 870
17,310
20,020
21.2SO
7,790
8,040
8.410
7,990
8,240
7,890
8,980
8,700
7.080
7,550
12.000

-------
341
CLEAN AIR ACT
Sec. 404

State Plant Name
Fort Martin 	
Harrison
Kammer 	
Mitchell
Mount Storm . 	
Wisconsin Edgewater
La Crosse/Genoa . .

N Oak Creek 	
Pulliam 	
S Oak Creek 	


Generator
1
2
1
2
3
	 1
2
3
1
2
]
2
3
4
3
1
2
1
2
3
4
	 8

6
7
8

Phase I
Allow-
ances
41,590
41,200
48620
46,150
41,500
18,740
19,460
17,390
43980
45,510
43720
35,580
42,430
24750
22700
6010
6,680
5,220
5,140
5,370
6,320
7,510
9670
12,040
16,180
15,790
  (f) ENERGY CONSERVATION AND RENEWABLE ENERGY.—
      (1) DEFINITIONS.—As used in this subsection:
          (A)  QUALIFIED  ENERGY  CONSERVATION  MEASURE.—The
        term "qualified energy  conservation  measure"  means  a
        cost effective measure, as identified by the Administrator
        in consultation with  the  Secretary of Energy, that in-
        creases the efficiency  of the  use of electricity provided by
        an electric utility to its customers.
          (B) QUALIFIED RENEWABLE ENERGY.—The term "qualified
        renewable energy"  means energy  derived from biomass,
        solar, geothermal, or wind as identified by the Administra-
        tor in consultation with the Secretary of Energy.
          (C) ELECTRIC UTILITY.—The term "electric utility" means
        any person,  State agency,  or Federal  agency,  which sells
        electric energy.
      (2) ALLOWANCES FOR  EMISSIONS  AVOIDED THROUGH ENERGY
    CONSERVATION AND RENEWABLE  ENERGY.—
          (A) IN GENERAL.—The regulations under paragraph (4) of
        this subsection shall provide  that for each ton of sulfur di-
        oxide emissions avoided by an electric utility, during the
        applicable period, through the use of qualified energy con-
        servation measures or qualified renewable energy, the Ad-
        ministrator shall allocate a single allowance to such elec-
        tric utility, on a First-come-first-served basis from the Con-
        servation  and  Renewable  Energy  Reserve  established
        under subsection (g), up to a total of 300,000 allowances for
        allocation from such Reserve.

-------
 Sec. 404	CLEAN AIR ACT	344

        that  are  exclusively informational  or  educational  in
        nature.
          (ii) No allowances shall be allocated for energy conserva-
        tion measures or renewable energy that were operational
        before January 1, 1992.
      (3) SAVINGS PROVISION.—Nothing in this subsection precludes
    a State or State regulatory authority from providing additional
    incentives  to utilities to encourage investment in demand-side
    resources.
      (4) REGULATIONS.—Not later than 18 months after the date of
    the enactment of the Clean Air Act Amendments of 1990 and
    in conjunction with the regulations required to be promulgated
    under subsections (b) and (c),  the Administrator shall, in con-
    sultation with the Secretary of Energy, promulgate regulations
    under this subsection. Such regulations shall list energy con-
    servation measures and renewable energy sources which may
    be  treated  as qualified  energy conservation  measures and
    qualified renewable energy for purposes of this subsection. Al-
    lowances shall only be allocated if all requirements of this sub-
    section  and the rules promulgated to implement this subsec-
    tion are complied with.  The Administrator shall review the de-
    terminations of each State regulatory authority under this sub-
    section to encourage consistency  from eleccric utility to electric
    utility and  from State to State in accordance with the  Admin-
    istrator's rules. The Administrator shall publish the findings of
    this review no less than annually.
  (g) CONSERVATION  AND RENEWABLE ENERGY  RESERVE.—The Ad-
ministrator  shall establish a Conservation and Renewable  Energy
Reserve under  this subsection. Beginning on January 1, 1995, the
Administrator may allocate from the Conservation and Renewable
Energy  Reserve an amount equal  to a total of 300,000 allowances
for emissions of sulfur dioxide pursuant to section 403. In order to
provide 300,000 allowances for such reserve, in each year beginning
in calendar  year 2000 and until calendar year  2009, inclusive, the
Administrator shall reduce each unit's basic Phase II allowance al-
location on  the basis of its  pro rata  share of 30,000 allowances. If
allowances remain in the reserve after January 2, 2010, the Admin-
istrator shall allocate such allowances for affected units under sec-
tion 405 on  a pro rata  basis.  For  purposes of this subsection,  for
any unit subject to the emissions limitation requirements of section
405, the term "pro rata basis" refers to the ratio which the reduc-
tions made  in such unit's allowances in order to establish the re-
serve under  this subsection bears to the total of such reductions for
all such units.
  (h) ALTERNATIVE ALLOWANCE ALLOCATION FOR UNITS IN CERTAIN
UTILITY SYSTEMS WITH OPTIONAL BASELINE.—
      (1) OPTIONAL BASELINE  FOR  UNITS IN CERTAIN  SYSTEMS.—In
    the case of a unit subject to the emissions limitation require-
    ments of this section which (as of the date of the enactment of
    the Clean Air Act Amendments of 1990)—
          (A) has an emission rate below 1.0 Ibs/mmBtu,
          (B) has decreased its sulfur dioxide emissions rate  by 60
        percent or greater since 1980, and

-------
345	CLEAN AIR ACT	Sec. 405

          (C) is part of a utility system which has a weighted aver-
        age sulfur dioxide emissions rate for all fossil fueled-fired
        units below 1.0 Ibs/mmBtu,
    at the election of the owner or operator of such unit, the unit's
    baseline may be calculated (i) as provided under section 402(d),
    or (ii) by utilizing the unit's average annual fuel consumption
    at a 60 percent capacity factor. Such election shall be made no
    later than March 1, 1991.
      (2) ALLOWANCE ALLOCATION.—Whenever a unit referred to in
    paragraph  (1)  elects  to calculate its baseline as  provided  in
    clause (ii) of paragraph (1), the Administrator shall allocate al-
    lowances for the unit pursuant to section 403(aXD, this section,
    and section 405 (as basic Phase II allowance allocations) in an.
    amount equal to  the baseline selected multiplied  by the lower
    of the average annual emission rate for  such  unit in 1989,  or
    1.0 Ibs./mmBtu. Such allowance allocation shall  be/in lieu of
    any allocation of allowances under this section and section 405.
[42 U.S.C. 7651c]
SEC. 405. PHASE II SULFUR DIOXIDE REQUIREMENTS.
  (a) APPLICABILITY.—(1) After January 1, 2000, each existing utili-
ty unit as provided below is subject to the limitations or require-
ments of this section. Each utility unit subject to an annual sulfur
dioxide tonnage emission limitation under this section is an affect-
ed unit under this  title. Each source that includes one or more af-
fected units is  an affected source.  In the case  of an existing  unit
that was not in operation during calendar year 1985,  the emission
rate for a calendar year after 1985, as determined by the Adminis-
trator, shall be used in lieu of the 1985 rate. The owner or operator
of any unit operated in violation of this section  shall be fully liable
under this Act  for fulfilling the obligations specified in section 411
of this title.
  (2) In addition to basic Phase II allowance allocations, in each
year beginning in calendar year 2000 and ending in calendar year
2009, inclusive,  the  Administrator shall allocate  up  to  530,000
Phase II  bonus  allowances  pursuant to subsections  (bX2), (cX4),
(dX3XA) and (B), and (hX2) of this section  and  section 406. Not later
than June 1, 1998,  the Administrator shall calculate, for each  unit
granted an  extension pursuant to section 409  the difference be-
tween (A) the number of allowances allocated for the unit in calen-
dar year 2000, and  (B) the product of the unit's baseline multiplied
by 1.20 Ibs/mmBtu, divided by 2000, and  sum the computations. In
each year, beginning in calendar year 2000 and ending in calendar
year  2009, inclusive, the Administrator shall deduct from each
unit's basic  Phase  II  allowance allocation its pro rata share of  10
percent of the sum calculated  pursuant  to the  preceding sentence.
  (3) In addition to basic  Phase II allowance allocations and Phase
II bonus allowance allocations, beginning January 1, 2000, the Ad-
ministrator shall allocate for each unit listed  on Table A in section
404 (other than units  at Kyger Creek,  Clifty  Creek, and Joppa
Steam) and located in the States of Illinois, Indiana, Ohio, Georgia,
Alabama, Missouri, Pennsylvania, West Virginia, Kentucky,  or
Tennessee allowances in  an amount equal to 50,000 multiplied by
the unit's pro rata share of the total number  of basic allowances

-------
 Sec. 405	CLEAN  AIR ACT	346

 allocated for all units listed on Table A (other than units at Kyger
 Creek, Clifty Creek, and Joppa Steam). Allowances allocated pursu-
 ant to this paragraph shall not be subject to the 8,900,000 ton limi-
 tation in section 403(a).
   (b)  UNITS EQUAL TO, OR ABOVE, 75 MWE AND 1.20 LBS/MMBTU.—
 (1) Except as otherwise provided  in paragraph (3), after January  1,
 2000, it shall be unlawful for any existing utility unit that serves a
 generator with  nameplate capacity equal to, or  greater,  than 75
 MWe and an actual 1985 emission rate equal to or greater than
 1.20 Ibs/mmBtu to exceed an annual sulfur dioxide tonnage emis-
 sion limitation equal to the product of the unit's baseline multi-
 plied  by an emission rate equal to 1.20 Ibs/mmBtu, divided by
 2,000, unless the owner or operator of such unit holds allowances to
 emit not less than the unit's total annual emissions.
  (2) In addition to allowances allocated pursuant to paragraph (1)
 and section  403(aXD as basic Phase II allowance allocations, begin-
 ning January 1, 2000, and for each calendar  year thereafter  until
 and including 2009, the  Administrator shall allocate annually for
 each unit subject to the emissions limitation requirements of para-
 graph (1) with an actual 1985 emissions rate greater than 1.20 Ibs/
 mmBtu  and less  than 2.50  Ibs/mmBtu  and a baseline capacity
 factor of less than 60 percent, allowances from the reserve created
 pursuant to subsection (aX2) in an amount equal to 1.20 Ibs/mmBtu
 multiplied by 50 percent of the difference, on  a Btu basis, between
 the unit's baseline and the unit's fuel consumption at a 60 percent
 capacity factor.
  (3) After January 1, 2000,  it shall be  unlawful  for any existing
 utility unit  with an actual 1985 emissions rate equal to or greater
 than  1.20  Ibs/mmBtu  whose  annual  average  fuel  consumption
 during 1985, 1986, and 1987 on a Btu basis exceeded 90 percent in
 the form of lignite coal which is  located in a  State in which,  as of
July 1, 1989, no county or  portion of a county was designated non-
 attainment  under  section 107 of  this Act for any  pollutant subject
 to the requirements of section 109 of this Act to exceed an annual
 sulfur dioxide tonnage limitation equal to the product of the unit's
 baseline  multiplied by the lesser of the unit's actual 1985 emissions
 rate or its allowable 1985  emissions rate,  divided by 2,000, unless
 the owner or  operator of such unit holds allowances to  emit not
 less than the unit's total annual emissions.
  (4) After January 1, 2000, the Administrator shall allocate annu-
 ally for each unit, subject to the  emissions limitation requirements
 of paragraph (1), which is located in a State with an installed elec-
 trical generating capacity of more than 30,000,000 kw in  1988 and
 for which was issued a prohibition  order or a proposed prohibition
 order (from  burning oil), which unit subsequently converted to coal
 between  January 1, 1980 and December 31, 1985,  allowances equal
 to the difference between (A) the product of the unit's annual fuel
 consumption, on a Btu basis, at a 65 percent capacity factor multi-
 plied by  the lesser  of its actual or allowable emissions rate during
 the first full calendar year after conversion, divided by 2,000, and
 (B) the  number of allowances allocated for the unit  pursuant to
 paragraph (1): Provided,  That the number of allowances  allocated
 pursuant to this paragraph shall  not exceed an annual total of five

-------
347	CLEAN AIR ACT	Stc. 405

thousand. If necessary to meeting the restriction imposed  in the
preceding sentence the Administrator shall reduce, pro rata, the
annual allowances allocated for each unit under this paragraph.
  (c) COAL OR OIL-FIRED UNITS BELOW 75 MWs AND ABOVE 1.20 LBS/
MMBxu.—(1) Except as otherwise provided in  paragraph (3), after
January 1, 2000, it shall be  unlawful for a coal or oil-fired existing
utility unit that serves a generator with nameplate capacity of less
than 75 MWe and an actual 1985 emission rate equal to, or greater
than, 1.20 Ibs/mmBtu and which is a  unit owned by a utility oper-
ating company whose aggregate nameplate fossil fuel steam-electric
capacity is,  as of December  31, 1989, equal to,  or greater than, 250
MWe to exceed an annual sulfur dioxide emissions limitation equal
to the product of the unit's baseline multiplied by an emission rate
equal to 1.20 Ibs/mmBtu, divided by 2,000, unless the owner or op-
erator of such unit holds allowances to emit not less than the unit's
total annual emissions.
  (2) After January  1, 2000, it shall be unlawful for a coal  or oil-
fired  existing utility unit  that serves a generator with nameplate
capacity of  less than 75 MWe and an actual 1985 emission rate
equal to, or greater  than,  1.20 Ibs/mmBtu (excluding units subject
to section 111 of the Act or to a federally enforceable  emissions
limitation for  sulfur dioxide equivalent to an annual  rate of less
than  1.20 Ibs/mmBtu) and which is a  unit owned by a utility oper-
ating company whose aggregate nameplate fossil fuel steam-electric
capacity is, as of December  31, 1989, less than 250 MWe, to exceed
an annual sulfur dioxide tonnage emissions limitation equal to the
product of the unit's baseline multiplied by the lesser of its  actual
1985 emissions rate or its allowable 1985 emissions rate, divided by
2,000, unless the owner or operator of such unit holds allowances to
emit not less than the unit's total annual emissions.
  (3) After January 1, 2000, it shall be unlawful for any existing
utility unit with  a nameplate capacity below  75 MWe and an
actual 1985 emissions rate equal to, or greater than, 1.20  Ibs/
mmBtu which became operational on  or before December 31, 1965,
which is owned by a utility operating company with, as of Decem-
ber 31,  1989, a total fossil fuel steam-electric generating capacity
greater than 250 MWe, and less than  450 MWe which serves fewer
than 78,000 electrical customers as of the date of enactment of the
Clean Air Act Amendments of 1990 to exceed  an annual sulfur di-
oxide emissions tonnage limitation equal  to the product of its base-
line  multiplied by the lesser of its actual or allowable 1985 emis-
sion  rate, divided  by 2,000,  unless the owner or operator holds al-
lowances to emit  not less  than the units total  annual emissions.
After January 1, 2010, it shall be unlawful for each unit subject to
the emissions limitation requirements of this paragraph to exceed
an annual emissions tonnage limitation equal  to the product of its
baseline multiplied by an  emissions rate of 1.20 Ibs/mmBtu, divid-
ed by 2,000, unless the owner or operator holds allowances to emit
not less than the unit's total annual emissions.
  (4) In addition to allowances allocated pursuant to paragraph (1)
and section  403(aXD as basic Phase II allowance allocations, begin-
ning January  1, 2000, and for each calendar year thereafter until
and including 2009,  inclusive, the Administrator shall allocate an-

-------
 Sec. 405	CLEAN AIR ACT	348

 nually for each unit subject to the emissions limitation require-
 ments of paragraph (1) with an actual 1985 emissions rate equal to,
 or greater than, 1.20 Ibs/mmBtu and less than 2.50 Ibs/mmBtu and
 a baseline capacity factor of less than 60 percent, allowances from
 the reserve  created  pursuant to subsection (aX2)  in  an amount
 equal to 1.20 Ibs/mmBtu multiplied by 50 percent of the difference,
 on a  Btu basis,  between the unit's baseline and the  unit's fuel con-
 sumption at a 60 percent capacity factor.
   (5)  After January  1, 2000, it  shall be unlawful for any existing
 utility  unit  with a  nameplate  capacity below 75 MWe and an
 actual  1985  emissions rate equal  to,  or greater  than, 1.20  Ibs/
 mmBtu which is part of an electric utility system which, as of the
 date of the enactment of the Clean  Air Act Amendments of 1990,
 (A) has at least 20 percent of its fossil-fuel  capacity controlled by
 flue gas desulfurization devices, (B) has more than 10 percent of its
 fossil-fuel capacity consisting of coal-fired  units of less than 75
 MWe, and (C) has large units (greater than 400 MWe) all of which
 have  difficult or very difficult FGD Retrofit Cost Factors (according
 to the Emissions and the  FGD Retrofit Feasibility at the 200 Top
 Emitting Generating Stations, prepared for the United States Envi-
 ronmental Protection Agency on January 10,  1986) to exceed an
 annual sulfur dioxide  emissions tonnage limitation equal to the
 product of its baseline multiplied by an emissions rate of 2.5 Ibs/
 mmBtu, divided by 2,000,  unless the owner or operator holds allow-
 ances to emit not less than the unit's total annual emissions. After
 January 1, 2010, it shall  be unlawful  for each  unit subject to the
 emissions limitation requirements of this paragraph to exceed an
 annual emissions tonnage limitation equal  to the product of its
 baseline multiplied by an emissions rate of 1.20 Ibs/mmBtu, divid-
 ed by 2,000, unless the owner or operator holds for use allowances
 to emit not less than the unit's total annual emissions.
  (d) COAL-FIRED UNITS BELOW 1.20 LBS/MMBTU.—(1) After January
 1, 2000, it shall  be unlawful for any existing coal-fired utility unit
the lesser of whose actual or allowable 1985 sulfur dioxide emis-
sions  rate is less than 0.60 Ibs/mmBtu  to exceed an annual  sulfur
 dioxide tonnage emission  limitation  equal to the product of the
 unit's baseline  multiplied  by (A) the lesser  of 0.60 Ibs/mmBtu or
 the unit's allowable 1985 emissions rate, and  (B) a numerical factor
of 120 percent,  divided by 2,000, unless the owner or  operator of
such  unit holds allowances to emit  not less than  the  unit's total
annual emissions.
  (2) After January 1,  2000, it shall be unlawful for any existing
coal-fired utility unit the  lesser of whose actual or allowable 1985
sulfur dioxide emissions rate is equal to, or greater  than, 0.60 Ibs/
mmBtu and less than 1.20 Ibs/mmBtu to exceed an annual sulfur
dioxide tonnage emissions limitation equal  to the product of the
unit's baseline multiplied  by (A) the lesser of its actual  1985 emis-
sions  rate or  its  allowable 1985 emissions  rate, and (B) a numerical
factor of 120 percent,  divided by  2,000, unless the owner or operator
of such unit holds allowances to emit not less than the unit's total
annual emissions.
  (3XA) In addition to allowances allocated pursuant to  paragraph
 (1) and  section 403(a)(l) as basic Phase II allowance allocations, at

-------
349	CLEAN AIR ACT	Sec. 405

the election of the designated representative of the operating com-
pany, beginning January 1, 2000, and for each calendar year there-
after until and including 2009, the Administrator shall allocate an-
nually for each unit subject to the  emissions limitation  require-
ments of paragraph  (1) allowances from the reserve created pursu-
ant to subsection (aX2) in an  amount equal to the amount by which
(i) the product of the lesser of 0.60 Ibs/mmBtu or the unit's allow-
able 1985 emissions  rate multiplied by the unit's baseline adjusted
to reflect operation at a 60 percent capacity  factor,  divided by
2,000, exceeds (ii) the number of allowances allocated for the unit
pursuant to paragraph (1) and section 403(a)(l) as basic Phase II al-
lowance allocations.
  (B) In addition to allowances allocated pursuant to paragraph (2)
and  section 403(aXD as basic Phase II allowance allocations, at the
election of the designated representative of the operating company,
beginning January 1, 2000, and for each  calendar year thereafter
until and including 2009, the Administrator shall allocate annually
for each unit subject to the emissions limitation requirements of
paragraph (2) allowances from the reserve created pursuant to sub-
section (aX2) in  an amount equal to  the amount  by which (i) the
product of the lesser of the unit's actual 1985 emissions rate or its
allowable 1985 emissions rate multiplied by the unit's baseline ad-
justed  to reflect operation at a 60 percent capacity factor, divided
by 2,000, exceeds (ii) the number of allowances allocated for the
unit pursuant to paragraph (2) and section 403(a)(l) as basic Phase
II allowance allocations.
  (C) An operating  company with units subject to  the emissions
limitation requirements of this subsection may elect the allocation
of allowances as provided under subparagraphs (A)  and (B). Such
election shall apply to the annual allowance  allocation  for each
and  every unit in  the operating company subject  to the emissions
limitation requirements of this subsection. The Administrator shall
allocate allowances pursuant to subparagraphs (A) and  (B) only in
accordance with this subparagraph.
  (4) Notwithstanding any other provision of this section, at  the
election of the owner or operator,  after January  1,  2000,  the Ad-
ministrator shall allocate in lieu  of allocation, pursuant to para-
graph  (1), (2), (3),  (5), or (6),  allowances for a  unit subject to  the
emissions limitation requirements  of this subsection  which com-
menced commercial operation on  or after January 1, 1981 and
before December 31, 1985, which was  subject to, and in  compliance
with, section  111  of the Act in an  amount equal to the  unit's
annual fuel consumption, on a Btu basis, at a (55  percent capacity
factor multiplied by  the unit's allowable 1985 emissions rate, divid-
ed by 2,000.
  (5) For the purposes of this section,  in the case of an oil- and gas-
fired unit which has been awarded a  clean coal technology demon-
stration grant as of January  1, 1991,  by the United States Depart-
ment of Energy, beginning  January  1, 2000, the Administrator
shall allocate for the unit allowances in  an amount equal to the
unit's baseline multiplied by  1.20 Ibs/mmBtu, divided by 2,000.
  (e) OIL AND GAS-FIRED UNITS  EQUAL TO OR GREATER THAN 0.60
LBS/MMBTU AND LESS THAN  1.20 LBS/MMBtu.—After  January 1,

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 Sec. 405	CLEAN AIR ACT	356

 2000, it shall be unlawful for any existing oil and gas-fired utility
 unit the lesser of whose actual  or allowable  1985  sulfur dioxide
 emission rate is equal to, or greater than, 0.60 Ibs/mmBtu, but less
 than 1.20 Ibs/mmBtu to exceed an annual  sulfur dioxide tonnage
 limitation equal to the product of the unit's baseline multiplied by
 (A) the lesser  of  the unit's allowable  1985 emissions rate or  its
 actual 1985 emissions rate and (B) a numerical factor of 120 per-
 cent divided by 2,000, unless the owner  or operator of such unit
 holds allowances to emit not less than the unit's total annual emis-
 sions.
  (f) OIL AND  GAS-FIRED UNITS LESS THAN 0.60 LBS/MMBTU.—(1)
 After January  1, 2000, it shall be unlawful for any oil and gas-fired
 existing utility unit the lesser of whose  actual or allowable  1985
 emission rate  is   less than  0.60 Ibs/mmBtu and  whose average
 annual fuel consumption during the period 1980 through  1989 on a
 Btu  basis was  90 percent or less  in the form of natural gas to
 exceed an annual sulfur dioxide tonnage emissions limitation equal
 to the product of the unit's baseline multiplied by (A)  the lesser of
 0.60  Ibs/mmBtu or the  unit's allowable 1985 emissions, and (B) a
 numerical factor of 120 percent, divided by 2,000, unless the owner
 or operator of such unit holds allowances to emit not less than the
 unit s total annual emissions.
  (2) In addition to allowances allocated pursuant to paragraph (1)
 as basic Phase  II  allowance  allocations and  section 403(aXD, begin-
 ning January 1, 2000, the Administrator  shall, in the case of any
 unit operated by a utility that furnishes electricity, electric energy,
steam, and natural gas within an  area consisting of a city and 1
contiguous county, and  in the case of any  unit owned by a State
authority, the output of  which unit is furnished within that same
area consisting of a city  and 1 contiguous county, the  Administra-
tor shall allocate for  each unit in the utility its pro rata share of
7,000 allowances and for each unit in the State authority its pro
rata share of 2,000 allowances.
  (g) UNITS THAT COMMENCE OPERATION BETWEEN  1986 AND DE-
CEMBER 31,  1995.—(1) After January  1, 2000, it shall  be  unlawful
for any utility  unit that has commenced  commercial operation  on
or after January  1, 1986, but not later than September 30, 1990 to
exceed an annual tonnage emission limitation equal  to the product
of the  unit's  annual  fuel consumption, on a Btu basis, at a 65 per-
cent capacity factor multiplied by the unit's allowable 1985 sulfur
dioxide emission  rate  (converted, if necessary,  to  pounds  per
mmBtu), divided by 2,000 unless the owner or operator of such unit
holds allowances to emit not less than the unit's total annual emis-
sions.
  (2) After January 1, 2000,  the Administrator shall  allocate allow-
ances pursuant to  section 403 to each unit which is listed in table B
of this paragraph  in an annual amount equal to the amount speci-
 fied in table B.
                            TABLE B
 Unit
 Allowances
   Brandon Shores	  8,907
   Miller 4	  9,197
   TNPOne2	  4,000

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351	CLEAN AIR ACT	Sec. 405

   Zimmer 1	 18,458
   Spruce 1	  7,647
   Clover 1	  2,796
   Clover 2	  2,796
   Twin Oak 2	  1,760
   Twin Oak 1	  9,158
   Cross 1	  6,401
   Malakoffl	  1,759
Notwithstanding any other paragraph of this subsection, for units
subject to this paragraph, the Administrator shall not allocate al-
lowances pursuant to any other paragraph of this subsection, Pro-
vided that the owner or operator of a unit listed on Table B may
elect an allocation of allowances under another paragraph of this
subsection in lieu of an allocation under this paragraph.
  (3) Beginning January  1, 2000, the Administrator shall allocate
to the owner or operator of any utility unit that commences com-
mercial operation, or has commenced commercial operation, on or
after October 1, 1990, but not later than  December 31, 1992 allow-
ances in an amount equal to  the product of the unit's annual fuel
consumption, on a Btu  basis, at a 65 percent capacity factor multi-
plied by the lesser of 0.30 Ibs/mmBtu or the unit's allowable sulfur
dioxide emission  rate (converted, if  necessary,  to pounds per
mmBtu), divided by 2,000.
  (4) Beginning January  1, 2000, the Administrator shall allocate
to the owner or operator of any utility unit that has commenced
construction  before  December 31,  1990 and that commences com-
mercial operation between January 1, 1993 and  December 31, 1995,
allowances in an amount equal to the product of the unit's annual
fuel  consumption, on a Btu basis, at a 65 percent capacity factor
multiplied by the lesser of 0.30 Ibs/mmBtu or the unit's allowable
sulfur  dioxide emission rate (converted, if necessary, to pounds per
mmBtu), divided by 2,000.
  (5) After January 1,  2000, it  shall  be unlawful for any existing
utility unit that has completed conversion from predominantly gas
fired existing operation to coal fired operation between January 1,
1985 and December  31, 1987,  for which there has been allocated a
proposed or final prohibition order pursuant to section 301(b) of the
Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8301 et
seq,  repealed 1987)  to  exceed an  annual sulfur dioxide tonnage
emissions limitation equal to  the product of the unit's annual fuel
consumption, on a Btu  basis, at a 65 percent capacity factor multi-
plied by the lesser of 1.20 Ibs/mmBtu or  the unit's allowable 1987
sulfur  dioxide emissions rate,  divided by 2,000, unless the owner or
operator of such unit  has obtained allowances  equal to its actual
emissions.
  (6KA)l Unless the Administrator has approved a designation of
such facility under section 410, the provisions of this title shall not
apply to a "qualifying small power production facility" or "qualify-
ing cogeneration facility" (within the meaning of section 3(17)(C) or
3(18XB) of the Federal Power  Act) or to a "new independent power
production facility" as defined in section 416 except that clause (iii)
 1 There is no subparagraph (Bl. See PL. 101-549, sec. 401, 104 Stat. 2B11.

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 Sec. 405	CLEAN AIR ACT	3K

 of such  definition 2 in section 416 shall not apply for purposes of
 this paragraph if, as of the date of enactment, 3
       (i) an applicable power sales agreement has been executed;
       (ii) the facility is the subject of a State regulatory authority
    order  requiring an electric utility to enter into a power sales
    agreement with, purchase capacity from, or (for purposes of es-
    tablishing terms  and conditions of the electric  utility's pur-
    chase  of power) enter into arbitration concerning, the facility;
       (Hi)  an electric utility has issued a letter of intent or similar
    instrument committing to purchase power from the facility at
    a previously offered  or lower price and a power sales  agree-
    ment is executed within a reasonable period of time; or
       (iy)  the facility  has been selected as a winning bidder in a
    utility competitive bid solicitation.
   (h)  OIL AND GAS-FIRED UNITS  LESS THAN  10 PERCENT OIL CON-
SUMED.—(1) After January 1, 2000, it shall be unlawful for any oil-
and gas-fired utility unit whose average annual  fuel consumption
during the period  1980 through 1989 on  a Btu basis exceeded 90
percent in the form of natural gas to exceed an annual sulfur diox-
ide tonnage limitation equal to  the product of the unit's  baseline
multiplied by the unit's actual 1985 emissions rate divided  by 2,000
unless the owner or operator of such unit holds allowances to emit
not less than the unit's total annual emissions.
   (2)  In addition to allowances allocated pursuant to paragraph (1)
and section 403(aXD as basic  Phase II allowance allocations,  begin-
ning  January 1,  2000, and for each calendar year thereafter until
and including 2009, the Administrator shall allocate annually  for
each  unit subject to the emissions limitation requirements of para-
graph (1) allowances from the reserve created pursuant to subsec-
tion (aX2) in an amount equal to the unit's baseline multiplied by
0.050 Ibs/mmBtu, divided by 2,000.
   (3)  In addition to allowances allocated pursuant to paragraph (1)
and section 403(aXD, beginning January 1, 2010, the Administrator
shall  allocate annually for each unit subject to the emissions limi-
tation requirements  of paragraph (1) allowances in an  amount
equal to  the unit's baseline multiplied by 0.050 Ibs/mmBtu, divided
by 2,000.
   (i) UNITS IN HIGH GROWTH STATES.—(1) In addition to allowances
allocated pursuant to  this section and  section 403(aXD as basic
Phase II allowance allocations, beginning January 1, 2000, the Ad-
ministrator shall allocate  annually allowances for each unit, sub-
ject to an emissions limitation requirement under this section, and
located in a State that—
      (A) has experienced a growth in  population in excess of 25
    percent between 1980 and 1988  according to  State Population
    and  Household Estimates, With Age, Sex, and Components of
    Change: 1981-1988 allocated by the United States Department
    of Commerce, and
  * The reference to "clause (iii) of such definition" should probably be a reference to "subpara-
graph (O of each definition"
  'The phrase "date of enactment" should read "date of enactment of the Clean Air Act
Amendment* of 1990".

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353	CLEAN AIR  ACT	Sec. 405

      (B)  had an installed electrical generating capacity of more
    than 30,000,000 kw in 1988,
in an amount equal to the difference between (A) the number of
allowances that would be allocated  for the unit pursuant  to  the
emissions limitation requirements of this  section applicable to  the
unit adjusted to reflect the unit's annual average fuel consumption
on a Btu basis of any three consecutive  calendar years between
1980 and  1989 (inclusive)  as elected  by the owner  or operator and
(B) the number of allowances allocated for the unit pursuant to  the
emissions limitation requirements of this section: Provided, That
the  number  of allowances  allocated pursuant to this subsection
shall not exceed an annual total of 40,000. If necessary to meeting
the 40,000 allowance restriction imposed under this subsection  the
Administrator shall reduce, pro rata, the  additional annual allow-
ances allocated to each unit under this subsection.
  (2) Beginning January 1, 2000, in addition to allowances allocated
pursuant  to this section and section 403(a)(l) as basic  Phase II al-
lowance allocations, the Administrator shall allocate  annually  for
each unit subject to the emissions limitation requirements of sub-
section (bXD, (A) the lesser of whose  actual or allowable 1980 emis-
sions rate has declined by 50 percent or more as of the date of en-
actment  of  the Clean Air  Act Amendments of 1990, (B)  whose
actual emissions rate is less than  1.2 Ibs/mm3tu as of January 1,
2000, (C)  which commenced operation after January  1, 1970,  (D)
which is owned by a utility company whose combined commercial
and  industrial kilowatt-hour sales have increased by more than 20
percent between calendar year 1980  and the date  of enactment of
the Clean Air Act Amendments of 1990, and (E) whose company-
wide fossil-fuel sulfur dioxide emissions rate has  declined 40  per
centum or more from 1980 to 1988, allowances in an amount equal
to the difference between (i) the number of allowances that would
be allocated for the unit  pursuant to  the emissions limitation  re-
quirements of subsection (bid) adjusted to  reflect the unit's annual
average fuel consumption on a  Btu basis for any three consecutive
years between 1980 and 1989 (inclusive) as elected by the owner or
operator and (ii) the number of allowances  allocated for the unit
pursuant  to  the  emissions  limitation requirements of subsection
(bXD: Provided, That the number of  allowances allocated pursuant
to this paragraph shall not exceed an annual total of 5,000.  If nec-
essary  to meeting the 5,000-allowance restriction  imposed  in  the
last  clause  of the preceding  sentence  the Administrator shall
reduce, pro  rata, the  additional allowances allocated  to  each unit
pursuant to  this paragraph.
  (j) CERTAIN MUNICIPALLY  OWNED  POWER  PLANTS.—Beginning
January  1, 2000, in addition to allowances  allocated  pursuant to
this section and section 403(a)(l) as basic Phase II allowance  alloca-
tions, the Administrator shall  allocate annually for each existing
municipally  owned oil and gas-fired utility unit with nameplate ca-
pacity equal to, or less than, 40 MWe, the  lesser of whose actual or
allowable 1985 sulfur dioxide emission rate is  less than 1.20 Ibs/
mmBtu, allowances in an  amount equal to the product of the unit's
annual fuel  consumption  on a  Btu basis at a 60 percent capacity

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 Sec. 406	CLEAN AIR ACT	354

 factor multiplied by the lesser of its allowable 1985 emission rate
 or its actual 1985 emission rate, divided by 2,000.
 [42 U.S.C. 7651d]
 SEC. 406, ALLOWANCES FOR STATES WITH EMISSIONS RATES  AT OR
           BELOW 0.80 LBS/MMBTU.
   (a) ELECTION OF GOVERNOR.—In addition to basic Phase II allow-
 ance allocations, upon the election of the Governor of any State,
 with a 1985 state-wide annual sulfur dioxide emissions rate equal
 to or less than, 0.80 Ibs/mmBtu, averaged over all fossil fuel-fired
 utility steam generating units, beginning January 1, 2000, and for
 each calendar year thereafter until and including 2009, the Admin-
 istrator shall allocate, in lieu of other Phase II bonus allowance al-
 locations, allowances from the reserve created pursuant to section
 405(aX2) to all  such units in the State in  an amount  equal  to
 125,000 multiplied by the unit's pro rata share of electricity gener-
 ated in calendar year 1985 at fossil fuel-fired  utility steam units in
 all States eligible for the election.
  (b)   NOTIFICATION  OF   ADMINISTRATOR.—Pursuant  to  section
 403(aXD,  each  Governor  of a State eligible  to  make  an election
 under  paragraph (a) shall notify the Administrator of such election.
 In the event that the Governor of any such State fails to notify the
 Administrator of the Governor's elections, the Administrator shall
 allocate allowances pursuant to section 405.
  (c) ALLOWANCES AFTER JANUARY  1, 2010.—After January 1, 2010,
 the Administrator shall allocate allowances to units subject to the
 provisions of this section pursuant to section 405.
 [42 U.S.C. 7651e]
 SEC. 407. NITROGEN OXIDES EMISSION REDUCTION PROGRAM.
  (a) APPLICABILITY.—On the date that a coal-fired utility unit be-
 comes  an affected unit pursuant to sections 404, 405, 409, or  on the
 date a  unit  subject to the provisions of section 404(d) or  409(b),
 must meet the  SOz reduction requirements,  each such unit shall
 become an affected  unit for purposes of this section and shall be
 subject to the  emission limitations for nitrogen oxides set forth
 herein.
  (b) EMISSION  LIMITATIONS.—(1) Not later than  eighteen months
 after enactment of the Clean Air Act Amendments of 1990, the Ad-
 ministrator shall by regulation establish annual allowable  emission
 limitations for nitrogen oxides for the types of utility boilers listed
 below,  which limitations  shall not exceed the  rates listed  below:
Provided, That the  Administrator may set a rate higher than  that
 listed for any type  of utility boiler if the Administrator finds  that
 the maximum listed rate for that  boiler type cannot be  achieved
 using low NO, burner technology. The maximum allowable emis-
sion rates are as follows:
      (A) for tangential ly fired boilers, 0.45 Ib/mmBtu;
      (B) for dry bottom wall-fired boilers (other than units  apply-
    ing cell burner  technology), 0.50 Ib/mmBtu.
After January 1, 1995, it shall be unlawful for any unit that is an
 affected unit on that date  and is of the type listed in this para-
 graph to emit nitrogen oxides in excess of the emission rates set by
 the Administrator pursuant to this paragraph.

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355	CLEAN AIR ACT	Sec. 407

  (2) Not later than January 1, 1997, the Administrator shall, by
regulation,  establish  allowable  emission  limitations  on a  lb/
mmBtu, annual average basis, for nitrogen oxides for the following
types of utility boilers:
      (A) wet bottom wall-fired boilers;
      (B) cyclones;
      (C) units applying cell burner technology;
      (D) all other types of utility boilers.
The Administrator shall base such rates on the degree of reduction
achievable through the retrofit  application of the best system of
continuous .emission reduction* taking into account available tech-
nology, costs and energy and environmental impacts; and which is
comparable to the costs of nitrogen oxides controls set pursuant to
subsection (bXD- Not later than January 1, 1997, the Administrator
may revise  the  applicable  emission  limitations  for  tangentially
fired and dry bottom, wall-fired boilers (other than cell burners) to
be more  stringent if the Administrator determines that more effec-
tive low  NO, burner  technology is available:  Provided, That, no
unit that is an affected unit pursuant to section  404 and  that is
subject to the requirements of subsection (b)(l), shall be subject to
the revised emission limitations, if any.
  (c) REVISED PKRFORMANCE STANDARDS.—(1) Not later than Janu-
ary 1,  1993, the Administrator shall propose revised standards of
performance  to section 111  for  nitrogen  oxides  emissions from
fossil-fuel fired steam generating units, including both electric utili-
ty and nonutility units. Not later than January 1, 1994, the Admin-
istrator shall promulgate  such revised standards  of performance.
Such revised standards of performance shall reflect improvements
in methods for the reduction of emissions of oxides  of nitrogen.
  (d) ALTERNATIVE EMISSION LIMITATIONS.—The permitting author-
ity shall, upon request of an owner or operator of a  unit subject to
this section, authorize  an emission limitation  less stringent than
the applicable limitation established under subsection (bXl) or (bX2)
upon a determination that—
      (1) a unit subject to subsection (bXD cannot meet the applica-
    ble limitation using low NOX burner technology; or
      (2) a unit subject to subsection (b)(2) cannot meet the applica-
    ble rate  using  the technology on which the  Administrator
    based the applicable emission limitation.
The permitting authority shall  base  such determination upon  a
showing  satisfactory to the  permitting authority,  in  accordance
with regulations established by  the Administrator not later than
eighteen  months after enactment of the Clean Air Act  Amend-
ments  of 1990, that the owner or operator—
      (1)  l has properly installed appropriate control equipment de-
    signed to meet the applicable emission rate;
      (2) 2 has properly operated such equipment for a period of fif-
    teen months (or such other period of time as the Administrator
  1 So in law. Probably should be designated as subparagraph (A). See P.L. 101-549. sec. 401, 104
Stat. 2614.
  2 So in law. Probably should be desiganted as gubparagraph (B). See P.L. 101-549, see 401, 104
Stat. 2614.

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 Sec. 407	CLEAN AIR ACT	356

    determines through the  regulations), and  provides  operating
    and monitoring data for such period demonstrating that the
    unit cannot meet the applicable emission rate; and
       (3) 3 has specified an emission  rate that such unit can meet
    on an annual average basis.
 The permitting authority  shall issue an  operating  permit  for the
 unit in question, in accordance with section 408 and part B of title
 III-
       (i) that permits the unit during the demonstration period re-
    ferred to in subparagraph (2) above, to emit at a rate in excess
    of the applicable emission rate;
       (ii) at  the conclusion of the demonstration period to revise
    the operating permit  to  reflect the alternative emission rate
    demonstrated in paragraphs (2) and (3) above.
 Units subject to subsection (b)(l) for which an alternative emission
 limitation is established shall not be required to  install  any addi-
 tional  control technology beyond low  NO, burners. Nothing in this
 section shall preclude an owner or operator from installing and  op-
 erating an alternative NOX control technology capable of achieving
 the applicable emission limitation. If the owner  or operator of a
 unit subject to the emissions limitation requirements of subsection
 (bXD demonstrates to the satisfaction of the Administrator that the
 technology necessary to meet  such requirements is not in adequate
 supply to enable its installation and operation at the unit, consist-
 ent with system reliability, by January 1,  1995, then the Adminis-
 trator  shall extend the deadline for compliance for the unit by a
 period of 15  months. Any owner or operator may petition the Ad-
 ministrator to make a determination under the previous sentence.
The  Administrator shall grant or  deny  such petition  within 3
 months of submittal.
  (e) EMISSIONS AvERAGiNG.~-In lieu of complying with the applica-
ble emission limitations under subsection (b) (1), (2),  or (d), the
 owner or operator of two or more units subject to one or more of
 the applicable emission limitations set pursuant to  these sections,
 may petition the permitting authority for alternative contempora-
 neous  annual emission  limitations for such units that ensure that
 (1) the actual annual emission rate in pounds of nitrogen oxides per
 million Btu averaged over the  units in question  is a rate  that is
 less than or equal to (2) the Btu-weighted average annual emission
 rate for the same units  if they had been operated, during the same
 period of  time,  in compliance with limitations set in  accordance
 with the applicable emission  rates set  pursuant to  subsections (b)
 (1) and (2).
  If the permitting authority  determines, in accordance with regu-
 lations issued by the Administrator not later than eighteen months
 after enactment of the Clean Air Act  Amendments of 1990; that
 the conditions in the paragraph above can be met, the permitting
 authority  shall  issue operating permits for such  units, in  accord-
 ance with section 408 and part B of title III, that allow alternative
 contemporaneous annual emission limitations.  Such emission limi-
  ' So in law. Probably should be designated as subparagraph to See P.I,. 1(11-549, sec. 401, 104
Stat. 2614.

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357	CLEAN AIR ACT	Sec. 408

tations shall only remain in effect while both units continue oper-
ation under the conditions  specified in their respective operating
permits.
[42 U.S.C. 7651f}
SEC. 408. PERMITS AND COMPLIANCE PLANS.
  (a) PERMIT PROGRAM.—The provisions of this title shall be imple-
mented, subject to section 403, by permits issued to units subject to
this title (and enforced)  in accordance with the provisions of title
V, as modified by this title.  Any such permit issued by the Admin-
istrator, or by a  State with an approved permit program, shall pro-
hibit—
      (1)  annual  emissions  of sulfur  dioxide in excess  of  the
    number of allowances to emit sulfur dioxide the owner or oper-
    ator, or the  designated  representative of the owners or opera-
    tors, of the unit hold for the unit,
      (2) exceedances of applicable emissions rates,
      (3) the use of any allowance prior  to the year for which it
    was allocated, and
      (4) contravention of any other provision of the permit.
Permits issued to implement this title shall be issued for a period
of 5 years, notwithstanding title V. No permit shall be issued that
is inconsistent with  the  requirements  of this title, and title V as
applicable.
  (h) COMPLIANCE PLAN.—Each initial  permit application shall be
accompanied by  a compliance plan for the source to comply with
its requirements under this title. Where an affected source consists
of more than one affected unit, such plan shall cover all such units,
and for purposes of section 502(c), such source shall be considered a
"facility '. Nothing in this section regarding compliance plans or in
title V shall be construed as affecting allowances. Except as provid-
ed  under subsection  (c)(l)(B), submission of a statement by  the
owner or operator, or the designated representative of the owners
and operators, of a unit subject to the emissions limitation require-
ments of sections 404, 405, and 407, that the unit will meet the ap-
plicable emissions limitation  requirements of such sections in a
timely manner or  that, in the case of the emissions limitation re-
quirements of sections 404 and 405, the owners and operators will
hold allowances  to emit not  less than the total annual emissions of
the unit, shall be deemed to meet the proposed and approved com-
pliance planning requirements of this section  and title  V,  except
that, for  any unit  that will  meet the requirements of this title by
means of an alternative method of compliance authorized under
section 404 (b), (c), (d), or (f) section 407 (d) or  (e), section 409 and
section 410, the proposed and approved compliance plan, permit ap-
plication and permit shall include, pursuant to  regulations promul-
gated by  the Administrator, for each alternative method  of compli-
ance a comprehensive description of the schedule and  means by
which  the unit  will rely on one or more alternative methods of
compliance in the manner  and time authorized  under  this title.
Recordation by the Administrator of transfers of allowances shall
amend automatically all applicable proposed or approved  permit
applications, compliance plans  and  permits.  The  Administrator
may also require—

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Sec. 408	CLEAN AIR ACT	358

      (1) for a source, a demonstration of attainment of national
    ambient air quality standards, and
      (2) from  the owner or operator of two or  more affected
    sources, an integrated compliance plan providing an overall
    plan for achieving compliance at the affected sources.
  (c) FIRST PHASE PERMITS.—The Administrator shall issue permits
to affected sources under sections 404 and 407.
      (1) PERMIT APPLICATION  AND COMPLIANCE PLAN.—(A) Not later
    than 27 months after the date of the enactment of the  Clean
    Air Act Amendments of 1990, the designated representative of
    the owners or operators, or the owner and operator, of each af-
    fected source  under sections 404 and 407 shall submit a permit
    application and compliance plan  for that source in accordance
    with regulations issued by the Administrator under paragraph
    (3).  The permit application and the compliance plan shall be
    binding on the owner or operator or the designated representa-
    tive of owners and operators for purposes of this title and  sec-
    tion 402(a), and shall be enforceable in lieu of a permit until  a
    permit is issued by the Administrator for the source.
      (B) In the  case  of a compliance plan for an affected source
    under sections 404 and 407 for which the owner or operator
    proposes to meet the requirements of that section by reducing
    utilization of the unit as compared with its baseline or by shut-
    ting down the unit, the owner or operator shall include in the
    proposed compliance plan a specification of the unit or units
    that will provide  electrical generation to  compensate for  the
    reduced output at the affected source, or a demonstration that
    such reduced  utilization will be accomplished through energy
    conservation or improved unit efficiency. The unit to be used
    for such compensating generation, which is not otherwise an
    affected unit  under sections 404  and 407, shall be deemed an
    affected unit  under section 404,  subject to all of the require-
    ments for such units  under this title, except that allowances
    shall be allocated  to such compensating unit in the amount of
    an annual limitation equal to the product of the unit's baseline
    multiplied by  the lesser of the unit's actual 1985 emissions rate
    or its allowable 1985 emissions rate, divided by 2,000.
      (2) EPA ACTION ON  COMPLIANCE PLANS.—The Administrator
    shall review  each  proposed  compliance  plan to determine
    whether it satisfies the requirements of this title, and shall ap-
    prove or disapprove such plan within 6 months after receipt of
    a complete submission. If a plan is disapproved, it may be re-
    submitted for  approval with such changes as the Administrator
    shall require consistent with the requirements of this title  and
    within such period as the Administrator prescribes as part of
    such disapproval.
      (3) REGULATIONS; ISSUANCE  OF  PERMITS.—Not later than 18
    months after  the  date of the  enactment of the Clean Air  Act
    Amendments  of 1990,  the Administrator shall promulgate  reg-
    ulations, in accordance with title V, to implement a Federal
    permit program to issue permits for affected sources under  this
    title. Following promulgation, the Administrator shall issue  a
    permit to implement the requirements of section  404 and  the

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359	CLEAN AIR ACT	Sec. 408

    allowances provided under section 403 to the owner or operator
    of each affected source  under section 404. Such a permit shall
    supersede any permit application and compliance plan submit-
    ted under paragraph (1).
      (4) FEES.—During the years 1995 through 1999 inclusive, no
    fee shall be required to be paid under section 502(bX3) or under
    section  110(aX2XL) with respect to emissions from  any unit
    which is an affected unit under section 404.
  (d)  SECOND PHASE PERMITS.—(1)  To provide  for  permits  for (A)
new electric utility steam generating units required  under  section
403(e) to have allowances, (B) affected units or sources under sec-
tion 405, and (C) existing units subject to nitrogen oxide emission
reductions under section 407, each State in which one or more such
units or sources are located shall submit in accordance with title V,
a permit program for approval as provided by that title. Upon ap-
proval of such program, for  the units or sources subject to such ap-
proved  program  the Administrator shall suspend the issuance of
permits as provided in title V.
  (2)  The owner or operator or  the designated representative of
each affected source under section 405 shall submit a permit appli-
cation and compliance  plan  for that source to the permitting au-
thority, not  later than January 1, 1996.
  (3)  Not  later  than December 31, 1997, each  State with  an ap-
proved permit program shall issue permits to the owner or opera-
tor, or the designated  representative of the owners and operators,
of affected sources under section 405 that satisfy the requirements
of title V  and this title and that submitted to such State  a  permit
application and compliance  plan pursuant to paragraph (2). In the
case of a  State without an approved permit program by July 1,
1996,  the Administrator shall, not later than January 1, 1998, issue
a permit to  the owner or operator or the designated representative
of each such affected  source. In the case of affected sources for
which applications and plans are timely received under paragraph
(2), the permit application  and  the  compliance plan, including
amendments thereto, shall be binding on  the owner or operator or
the designated  representative of the owners or  operators and shall
be enforceable  as a permit for purposes of this title and title V
until a permit is issued  by the permitting  authority for the affected
source.  The  provisions  of section  558(c) of title V of the United
States Code (relating to renewals)  shall apply to permits issued by
a permitting authority under this title and title V.
  (4) The  permit issued in accordance with this subsection  for an
affected source shall provide that the affected units at the affected
source may  not emit an annual tonnage of sulfur dioxide in excess
of the number of allowances to emit sulfur dioxide  the owner or
operator or designated  representative hold for the unit.
  (e) NEW UNITS.—The owner or operator of each source that in-
cludes a new electric utility steam generating unit shall  submit a
permit application and compliance plan to the permitting authority
not later than 24 months before the later of (1) January 1, 2000, or
(2) the date on which the unit commences operation. The permit-
ting authority shall issue a permit to the owner or operator,  or the

-------
 Sec. 408	CLEAN AIR ACT	360

 designated representative thereof, of the unit that satisfies the re-
 quirements of title V and this title.
   (f) UNITS SUBJECT TO CERTAIN OTHER LIMITS.—The owner or oper-
 ator, or designated representative thereof, of any unit subject to an
 emission rate requirement under section  407 shall submit a permit
 application and compliance plan for such unit to the permitting au-
 thority, not later than January 1, 1998.  The permitting authority
 shall issue a permit to the owner or operator that satisfies the re-
 quirements of title V and this title, including any appropriate mon-
 itoring and reporting requirements.
   (g) AMENDMENT OF APPLICATION AND COMPLIANCE PLAN.—At any
 time after the submission of an application and compliance plan
 under this section, the applicant may submit a revised application
 and compliance plan, in accordance with the requirements of this
 section. In considering any permit application and compliance plan
 under this title, the permitting authority shall ensure coordination
 with th^ applicable electric ratemaking authority, in the case  of
 regulate^ utilities, and with unregulated public utilities.
  (h) PROHIBITION.—(1) It shall be unlawful for an owner or opera-
 tor, or designated representative, required to submit a permit ap-
 plication or compliance plan under this title to fail  to submit such
 application or  plan in accordance with  the deadlines specified  in
 this section or to otherwise fail to comply wiih regulations imple-
 menting this section.
  (2) It shall be unlawful for any person to operate any source sub-
ject to this title except in  compliance with the terms and require-
 ments of a  permit  application and  compliance plan (including
 amendments thereto) or permit issued by the Administrator or a
 State with an approved permit program. For purposes of this sub-
 section, compliance,  as  provided  in section 504(f),  with a permit
 issued under title V which complies with this title for sources sub-
ject to this title shall  be deemed compliance with this subsection  as
 well as section  502(a).
  (3) In order to ensure reliability of electric power,  nothing in this
 title or title V  shall be construed as requiring termination of oper-
 ations of  an electric  utility steam generating  unit  for failure  to
 have an approved permit or compliance plan, except that any such
 unit may be subject to the applicable enforcement provisions of sec-
 tion 113.
  (i) MULTIPLE  OWNERS.—No permit shall be issued  under this sec-
 tion to an affected unit until the designated representative of the
 owners or operators  has filed  a certificate of representation with
 regard to  matters under this title, including the holding and distri-
 bution of  allowances  and the proceeds of transactions involving al-
 lowances. Where there are multiple holders of a legal or equitable
 title to, or a leasehold interest  in, such a  unit, or where a utility or
 industrial  customer  purchases power from an affected  unit (or
 units)  under life-of-the-unit, firm power  contractual arrangements,
 the certificate  shall state (1) that allowances and  the proceeds  of
 transactions  involving allowances will be deemed to be held or dis-
 tributed in proportion to each  holder's legal, equitable, leasehold,
 or  contractual reservation  or  entitlement, or  (2) if  such  multiple
 holders have expressly provided for a different distribution of al-

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361	CLEAN AIR ACT	Sec. 409

lowances by contract, that allowances and the proceeds of transac-
tions involving allowances will be deemed to be held or distributed
in accordance with the contract.  A passive lessor, or a person  who
has  an equitable interest  through such lessor, whose rental  pay-
ments are not based, either directly or indirectly, upon  the reve-
nues or income from the affected  unit shall not be deemed to  be a
holder of a legal, equitable, leasehold, or contractual interest for
the  purpose of holding or distributing allowances as provided in
this  subsection, during either the term of such leasehold or thereaf-
ter,  unless expressly  provided for in  the  leasehold agreement.
Except as otherwise provided  in this subsection, where all legal or
equitable title  to or interest in an affected unit is held by a single
person, the certification shall state that all allowances received by
the unit are deemed to be held for that person.
[42 U.S.C. 7651g]
SEC.  409. REPOWERED SOURCES.
  (a) AVAILABILITY.—Not later than December 31, 1997, the owner
or operator of an existing unit subject to the emissions  limitation
requirements of section 405 (b) and (c) may demonstrate to the  per-
mitting authority that one or more units will be repowered with a
qualifying  clean coal technology  to comply with the requirements
under section  405. The owner or operator shall, as part of any such
demonstration, provide, not later than January 1, 2000, satisfactory
documentation of a preliminary  design and engineering  effort for
such repowering and an executed  and binding contract for the ma-
jority of the equipment to  repower such unit and such other infor-
mation as  the Administrator may require  by regulation. The re-
placement  of an existing utility unit with a new utility unit using a
repowering technology referred to in section 402(2) which  is located
at a different site, shall be treated as repowering of the existing
unit for purposes of this title, if—
      (1) the replacement unit is  designated by the owner or opera-
    tor to replace such existing unit, and
      (2) the existing unit is retired from service on or before the
    date on which the designated replacement unit enters commer-
    cial operation.
  (b) EXTENSION.—(1) An owner or operator satisfying the require-
ments of subsection (a) shall be granted an extension of  the emis-
sion  limitation requirement compliance date for  that unit from
January 1, 2000, to December  31, 20011 The extension shall be spec-
ified in the permit  issued  to the source under section 408, together
with any compliance schedule and other requirements necessary to
meet second  phase requirements  by the extended date.  Any  unit
that is granted an extension under this section shall not be eligible
for a waiver under section lll(j)  of this Act, and shall continue to
be subject to requirements under this title as if it were a unit  sub-
ject to section  405.
  (2) If (A) the owner or operator of an existing  unit  has been
granted an extension under paragraph (1) in order to repower such
unit with a clean coal  unit, and (B) such owner or operator demon-
strates to the satisfaction of the Administrator that the repowering
technology to  be utilized by such unit  has been properly construct-
ed and tested  on such unit, but nevertheless has been unable to

-------
 Sec. 410	CLEAN AIR ACT	364

 requirements of this title, and the designated unit's allowances are
 transferred or  carried forward for use  at such other replacement
 unit or  units.  In no  case  may  the Administrator allocate  to a
 source designated under this  section  allowances  in  an amount
 greater than the emissions  resulting from operation of the  source
 in full compliance with the requirements of this Act.  No such al-
 lowances shall authorize operation  of a unit in violation of any
 other requirements of this Act.
  (g) IMPLEMENTATION.—The Administrator shall issue regulations
 to implement this section not later than eighteen months after en-
 actment  of the Clean Air Act Amendments of 1990,
  (h) SMALL DIESEL REFINERIES.—The Administrator shall issue al-
 lowances to  owners or operators of small diesel  refineries  who
 produce diesel fuel after October 1, 1993, meeting the requirements
 of subsection 211(.i) of this Act,
      (1) ALLOWANCE PERIOD.—Allowances may be allocated under
    this  subsection  only for  the  period  from  October  1,  1993,
    through December 31, 1999.
      (2) ALLOWANCE DETERMINATION.—The number of allowances
    allocated pursuant to this paragraph shall  equal  the annual
    number of pounds of sulfur dioxide reduction  attributable to
    desulfurization by a small refinery divided  by 2,000. For the
    purposes of this  calculation,  the concentration of sulfur re-
    moved from diesel fuel  shall be the difference between 0.274
    percent (by weight) and 0.050 percent (by weight).
      (3) REFINERY ELIGIBILITY.—As used in this subsection, the
    term "small refinery" shall mean a  refinery  or portion of a re-
    finery—
          (A) which, as of the date of enactment of the Clean Air
       Act Amendments of 1990,  has bona fide crude oil through-
       put of less than 18,250,000 barrels per year, as reported to
       the Department of Energy, and
          (B) which, as of the date of enactment of the Clean Air
       Act Amendments of 1990, is owned or controlled by a re-
       finer with a total combined bona fide crude oil  throughput
       of less than 50,187,500 barrels per year, as reported  to the
       Department of Energy.
      (4)  LIMITATION PER REFINERY.—The maximum number of al-
    lowances that can be annually  allocated  to  a  small  refinery
    pursuant to this subsection is  one thousand and five hundred.
      (5)  LIMITATION  ON TOTAL.—In any  given year, the  total
    number of allowances allocated  pursuant to this subsection
    shall not exceed thirty-five thousand.
      (6)  REQUIRED CERTIFICATION.—The Administrator shall not al-
    locate any  allowances pursuant to  this subsection unless the
    owner or operator of a  small  diesel refinery shall have certi-
    fied,  at a time and in a  manner prescribed by the Administra-
    tor, that all motor diesel fuel produced by  the  refinery  for
    which allowances are claimed,  including  motor diesel fuel for
    off-highway use, shall have met the requirements of subsection
    211(i) of this Act.
|42 U.S.C. 7t;.r>li|

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365	CLEAN AIR ACT	Sec. 411

SEC. 411. EXCESS EMISSIONS PENALTY.
  (a) EXCESS EMISSIONS PENALTY.—The owner or operator of any
unit or process source subject to the requirements of sections 403,
404, 405, 406, 407 or  409, or designated under  section 410,  that
emits sulfur dioxide or nitrogen oxides for any  calendar year  in
excess  of the unit's emissions limitation requirement or, in the case
of sulfur dioxide,  of the allowances  the owner or operator holds for
use for the unit for that calendar year shall be liable  for the  pay-
ment of an excess emissions penalty, except where such emissions
were authorized pursuant to section  110(f). That penalty shall be
calculated on the basts of the number of tons emitted  in excess of
the unit's emissions limitation requirement or, in the case of sulfur
dioxide, of the  allowances the operator holds  for  use  for the  unit
for that year, multiplied by $2,000. Any such  penalty shall be due
and payable  without demand to the Administrator as provided  in
regulations  to  be issued  by the Administrator by no later than
eighteen months  after the date of enactment of the Clean Air Act
Amendments of 1990. Any such  payment shall be deposited in the
United States  Treasury pursuant  to  the  Miscellaneous Receipts
Act. Any penalty due and payable  under this section shall not di-
minish the liability of the unit's owner or operator for any fine,
penalty or  assessment against  the unit for  the same violation
under any other section of this Act.
  (b) EXCESS  EMISSIONS OFFSET.—The owner or operator of any af-
fected source that emits sulfur dioxide during any calendar year in
excess  of the unit's emissions limitation requirement or of the al-
lowances held for the unit for the calendar year, shall be liable to
offset the excess emissions by an equal tonnage amount in the fol-
lowing calendar year, or such longer period as the Administrator
may prescribe.  The owner or operator of the  source shall, within
sixty days after the end of the year in which  the excess emissions
occurred, submit  to the Administrator, and to the State in which
the source  is located, a proposed plan to achieve the required off-
sets. Upon  approval of the proposed plan by the Administrator,  as
submitted,  modified or conditioned, the plan shall be deemed at a
condition of the  operating  permit for the unit  without  further
review or  revision  of the permit.  The Administrator shall  also
deduct allowances equal to the excess tonnage  from those allocated
for the source  for the calendar year, or succeeding years during
which  offsets are required, following the year in  which the excess
emissions occurred.
  (c) PENALTY ADJUSTMENT.—The  Administrator shall, by regula-
tion, adjust  the  penalty  specified  in  subsection  (a) for inflation,
based on the Consumer Price Index, on the date of enactment and
annually thereafter.
  (d) PROHIBITION.—It shall  be unlawful for the owner or operator
of any source liable  for a penalty and offset under this section to
fail (1) to pay the penalty under subsection (a), (2) to provide, and
thereafter comply with, a compliance plan as required by subsec-
tion (b), or (3) to  offset excess emissions as required by subsection
(b).

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Sec. 412
CLEAN AIR ACT
366
  (e) SAVINGS PROVISION.—Nothing in this title shall limit or other-
wise affect the  application of section 113, 114,  120, or 304 except as
otherwise explicitly provided in this title.
[42 U.S.C. 7651J]
SEC. 412. MONITORING, REPORTING, AND  RECORDKEEPING REQUIRE-
           MENTS.
  (a) APPLICABILITY.—The owner and operator of any source subject
to this title shall be required to install and operate CEMS on each
affected unit at  the source, and to quality  assure the data  for
sulfur dioxide, nitrogen oxides, opacity and volumetric flow at each
such unit. The  Administrator shall, by regulations issued not later
than  eighteen  months after enactment of  the Clean Air  Act
Amendments of 1990, specify the requirements for CEMS,  for any
alternative monitoring  system  that  is demonstrated  as providing
information with the same  precision, reliability,  accessibility, and
timeliness as that provided by CEMS, and for recordkeeping and
reporting of information from such systems. Such regulations may
include limitations or the use of alternative compliance methods by
units equipped  with an alternative monitoring system  as  may be
necessary to preserve  the  orderly  functioning of the allowance
system, and which will ensure the  emissions reductions contem-
plated by this title. Where 2 or more units utilize a single stack, a
separate CEMS shall not be required for each unit, and for such
units the regulations shall  require that the owner or operator col-
lect sufficient information to permit reliable compliance  determina-
tions for each such unit.
  (b)  FIRST  PHASE REQUIREMENTS.—Not later  than  thirty-six
months after enactment of the Clean Air Act Amendments  of 1990,
the owner or operator of each affected unit under section  404, in-
cluding, but not limited to, units that become affected units pursu-
ant to subsections (b) and (c) and eligible units  under subsection (d),
shall  install and operate CEMS, quality assure the data, and keep
records  and  reports in accordance  with  the regulations issued
under subsection (a).
  (c)  SECOND PHASE REQUIREMENTS.—Not later  than January 1,
1995,  the owner or operator of each affected unit that has not pre-
viously met the requirements of subsections (a) and (b) shall install
and operate CEMS, quality  assure the data, and  keep records and
reports in accordance with  the regulations issued under subsection
(a). Upon commencement of commercial operation of each new util-
ity unit, the unit shall comply with the requirements  of subsection
(a).
  (d)  UNAVAILABILITY OF EMISSIONS DATA.—If CEMS  data  or data
from  an alternative monitoring system approved by the Adminis-
trator under subsection (a)  is not available for any affected unit
during any period of a calendar year in which such data is required
under this title, and the owner or operator cannot provide informa-
tion,  satisfactory to the Administrator, on emissions during that
period, the Administrator shall  deem the unit to be operating in an
uncontrolled  manner during the entire period for  which the data
was not available and shall,  by regulation which shall  be issued  not
later  than  eighteen  months after enactment of the Clean Air Act
Amendments of  1990, prescribe means to calculate emissions  for

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367	CLEAN AIR ACT	Sec. 415

that period. The owner or operator shall be liable for excess emis-
sions fees and offsets under section  411 in accordance with such
regulations. Any fee due and payable under this subsection shall
not diminish the liability of the unit's owner or operator for any
fine, penalty, fee or assessment against the unit for the same viola-
tion under any other section of this Act.
  (e) PROHIBITION.—It shall  be unlawful  for the owner or operator
of any source subject to this title to operate a source without com-
plying with the requirements of this section, and any regulations
implementing this section.
[42 U.S.C. 7651k]
SEC. 413. GENERAL COMPLIANCE WITH OTHER PROVISIONS.
  Except as expressly provided, compliance with the requirements
of this title shall not exempt or exclude the  owner or operator of
any source subject to this title from compliance with any other ap-
plicable requirements of this Act.
[42 U.S.C. 76511]
SEC. 414. ENFORCEMENT.
  It shall be unlawful for any person subject to this title to violate
any prohibition of, requirement of, or regulation promulgated pur-
suant to this title shall be a violation  of this Act. In addition to the
other requirements and prohibitions  provided for in  this title, the
operation of any affected unit to  emit sulfur dioxide in excess of
allowances held for such unit shall  be  deemed a violation, with
each ton emitted in excess of allowances held constituting a sepa-
rate violation.
[42 U.S.C. 7651m]
SEC. 415. CLEAN COAL TECHNOLOGY REGULATORY INCENTIVES.
  (a) DEFINITION.—For purposes of this section, "clean coal technol-
ogy" means any technology, including technologies applied  at the
precombustipn, combustion,  or post combustion stage, at a new or
existing facility which  will  achieve  significant  reductions  in  air
emissions of sulfur dioxide or oxides of nitrogen associated with the
utilization of coal in the generation of electricity, process steam, or
industrial products, which is not in widespread use as of the date of
enactment of this title.
  (b) REVISED REGULATIONS  FOR CLEAN COAL  TECHNOLOGY  DEMON-
STRATIONS.—
      (1)  APPLICABILITY.—This subsection applies to physical or
    operational changes to existing facilities for the sole purpose of
    installation, operation, cessation,  or removal of a temporary or
    permanent clean coal technology demonstration project.  For
    the purposes of this section, a clean coal technology demonstra-
    tion  project shall mean  a  project  using funds appropriated
    under the  heading  "Department  of Energy—Clean Coal Tech-
    nology",  up to a total amount of $2,500,000,000 for commercial
    demonstration  of clean  coat  technology, or similar  projects
    funded through appropriations for the  Environmental  Protec-
    tion Agency. The Federal contribution for a qualifying project
    shall be at least 20 percent  of the total cost of the demonstra-
    tion project.

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 Sec. 416
CLEAN AIR ACT
368
      (2) TEMPORARY PROJECTS.—Installation,  operation, cessation,
     or removal of a temporary clean coal technology demonstration
     project that is operated for a period of five years or less, and
     which complies  with the State  implementation plans for the
     State in which the project  is located and other requirements
     necessary to attain and  maintain the national ambient  air
     quality standards during and after the project is terminated,
     shall not subject such facility to the requirements of section
     111 or part C or D of title I.
      (3) PERMANENT PROJECTS.—For permanent clean coal technol-
     ogy  demonstration projects that constitute  repowering as  de-
     fined in section 402(1) of this title, any qualifying project shall
     not be subject to standards of performance under section 111
     or to the review and permitting requirements of part C for any
     pollutant the potential emissions of which will not increase  as
     a result of the demonstration project.
      (4) EPA REGULATIONS.—Not later than  12 months  after the
    date of enactment, the Administrator shall promulgate regula-
    tions or interpretive rulings to revise requirements under sec-
    tion  111  and parts C and D,  as appropriate,  to  facilitate
     projects consistent in this subsection. With  respect to parts C
    and  D, such regulations  or  rulings shall apply to all areas  in
    which  EPA  is the permitting authority. In  those instances  in
    which the State is the permitting authority under part C or  D,
    any  State may adopt and submit to the Administrator for ap-
    proval revisions to its implementation plan  to apply the regu-
    lations or rulings promulgated under this subsection.
  (c) EXEMPTION FOR REACTIVATION OF  VERY CLEAN UNITS.—Physi-
cal changes or changes in the method of operation  associated with
the commencement of commercial operations by a  coal-fired utility
unit after a period of discontinued operation shall  not subject the
unit to the requirements of section 111 or part C of the Act where
the unit  (1) has not been in operation for the two-year period prior
to the enactment of the Clean Air Act Amendments of 1990, and
the emissions from such unit continue  to be carried in the permit-
ting  authority's emissions inventory at the time of enactment, (2)
was  equipped prior to shut-down with a continuous system of emis-
sions control that achieves a  removal efficiency for sulfur dioxide
of no less than 85 percent and a removal efficiency for particulates
of no less than 98 percent, (3) is equipped  with low-NO* burners
prior to the time of commencement,  and (4) is otherwise in compli-
ance with the requirements of this Act.
[42U.S.C. 7651 n)
SEC.  416.  CONTINGENCY GUARANTEE; AUCTIONS, RESERVE.
  (a) DEFINITIONS.—For purposes of this section—
      (1) The term   "independent  power producer"  means  any
     person who owns or operates, in  whole or  in part, one or more
     new independent  power production facilities.
      (2) The term "new independent power production facility"
    means a facility that—
          (A) is used for the generation of electric  energy, 80 per-
        cent or more  of which is sold at wholesale;

-------
369	CLEAN AIR  ACT	Sec. 416

          (B) is nonrecourse project-financed (as such term is de-
        fined by the Secretary of Energy within 3 months of the
        date of the enactment of the Clean Air Act Amendments
        of 1990);
          (C) does not generate electric energy sold to any affiliate
        (as defined in section 2(aXH) of the Public Utility Holding
        Company  Act of 1935) of the  facility's owner or operator
        unless  the owner or operator  of the facility demonstrates
        that it  cannot obtain allowances from the affiliate; and
          (D) is a  new unit required to hold allowances under this
        title.
      (3) The term "required allowances" means the allowances re-
    quired to operate such  unit for so much of the unit's useful life
    as occurs after January 1, 2000.
  (b) SPECIAL RESERVE OF  ALLOWANCES.—Within 36 months after
the date of the enactment of the Clean Air Act Amendments of
1990,  the Administrator shall promulgate regulations establishing
a  Special Allowance Reserve  containing  allowances to be  sold
under this section. For purposes of establishing the Special Allow-
ance Reserve, the Administrator shall withhold—
      (1) 2.8 percent of the allocation  of allowances for each year
    from 1995 through 1999 inclusive; and
      (2) 2.8 percent of the basic Phase II  allowance allocation of
    allowances  for each year beginning in the year 2000
which  would (but  for this  subsection)  be issued  for each affected
unit at an  affected source. The  Administrator  shall record such
withholding for purposes of transferring the proceeds of the allow-
ance sales under this subsection. The allowances  so withheld shall
be deposited in  the Reserve under this section.
  (c) DIRECT SALE AT $1,500 PER TON.—
      (1) SUBACCOUNT FOR DIRECT SALES.—In accordance with regu-
    lations under  this section, the Administrator shall establish a
    Direct Sale Subaccount in the Special Allowance Reserve es-
    tablished under this section. The Direct Sale Subaccount shall
    contain  allowances in the amount of 50,000 tons per year for
    each year beginning in the year 2000.
      (2) SALES.—Allowances  in the Subaccount shall be offered for
    direct sale to any person at the times and in the amounts spec-
    ified in  table 1 at a price of $1,500 per allowance, adjusted by
    the Consumer Price Index in the same manner as provided in
    paragraph (3).  Requests to purchase allowances from the Direct
    Sale Subaccount established  under paragraph (1) shall  be ap-
    proved in the order of receipt until no allowances remain  in
    such subaccount, except that an opportunity to purchase such
    allowances  shall be provided to the independent power produc-
    ers referred to in this subsection before such allowances  are of-
    fered to any other person. Each  applicant shall be required to
    pay 50  percent of the  total purchase price of  the  allowances
    within 6 months after the approval of the request to purchase.
    The remainder shall be paid on or before the  transfer of the
    allowances.

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Sec. 416	CLEAN AIR ACT	370

 TABLE 1—NUMBER OF ALLOWANCES AVAILABLE FOR SALE AT $1,500
                             PER TON
                                             Spot Sale     ,,
                 Year of Sale                    (same     Advance
                                              year)       Bale
1993-1999	   25,000
2000 and after	   25,000      25,000

  Allowances sold in the spot sale in any year are allowances which may only be used in that
year (unless banked for use in a later year). Allowances sold in the advance sale in any year are
allowances which may only be used in the 7th year after the year in which they are first offered
for sale (unless banked for use in a later year).
      (3) ENTITLEMENT TO WRITTEN GUARANTEE.—Any independent
    power producer that submits an application to the Administra-
    tor establishing that such independent power producer—
          (A) proposes to construct a new independent power pro-
        duction facility  for which allowances are  required  under
        this title;
          (B) will  apply for financing to construct such facility
        after January 1, 1990, and before the date of the first auc-
        tion  under this section;
          (C) has submitted to each owner or operator of an affect-
        ed unit listed in table A (in section 404) a written offer to
        purchase the required allowances for $750 per ton; and
    shall, within 30 days  after submission of such application, be
    entitled to receive the Administrator's written guarantee (sub-
    ject to the eligibility requirements set forth  in  paragraph (4))
    that such required allowances will be made available for  pur-
    chase from the  Direct Sale Subaccount  established under this
    subsection  and at a  guaranteed price. The guaranteed price at
    which such allowances shall be made available for purchase
    shall be $1,500 per ton, adjusted by the percentage, if any, by
    which the Consumer Price Index (as determined under section
    502(bX3XBXv)) for the year in which the allowance is purchased
    exceeds the Consumer Price Index for the calendar year  1990.
      (4) ELIGIBILITY REQUIREMENTS.—The guarantee issued by the
    Administrator under paragraph (3) shall be subject to a demon-
    stration by the independent power producer, satisfactory to the
    Administrator, that—
          (A) the independent power producer has—
              (i) made good faith efforts to purchase the required
            allowances  from the owners or operators of affected
            units to which allowances will be allocated, including
            efforts to purchase at annual auctions under this sec-
            tion, and from industrial sources that have elected to
            become affected units pursuant to section 410; and
              (ii) such bids and efforts were  unsuccessful in obtain-
            ing the required allowances; and
          (B) the independent power producer  will  continue to
        make good  faith efforts to purchase the required allow-

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371	CLEAN AIR ACT	Sec. 416

        ances from the owners or operators of affected units and
        from industrial sources.
      (5) ISSUANCE OF GUARANTEED ALLOWANCES FROM DIRECT SALE
    SUBACCOUNT UNDER THIS SECTION.—From the allowances avail-
    able in the Direct Sale Subaccount established under this sub-
    section, upon payment of the guaranteed price, the Adminis-
    trator shall issue to any  person  exercising the right to  pur-
    chase allowances pursuant to a guarantee under this subsec-
    tion the allowances covered by  such guarantee.  Persons to
    which guarantees under this subsection have been issued shall
    have the opportunity to purchase  allowances pursuant to such
    guarantee from such subaccount before the allowances in such
    reserve are offered for sale to any  other person.
      (6) PROCEEDS.—Notwithstanding section 3302 of title 31 of the
    United States Code or any other provision of law, the Adminis-
    trator shall require that the proceeds of any sale under this
    subsection be transferred, within  90 days after  the sale, with-
    out charge, on a pro rata basis to the owners or operators of
    the affected units from whom the allowances  were withheld
    under subsection (b) and that any unsold allowances be trans-
    ferred to the Subaccount  for Auction Sales established  under
    subsection (d). No proceeds of any sale under this subsection
    shall be held by any officer or employee of the United States
    or treated for any purpose as revenue to the United States or
    to the Administrator.
      (7) TERMINATION OF SUBACCOUNT.—If the  Administrator de-
    termines that,  during any  period of 2 consecutive calendar
    years, less than  20 percent of the allowances available in the
    subaccount for direct sales  established under this subsection
    have been purchased under this paragraph, the Administrator
    shall terminate the subaccount and transfer such allowances to
    the Auction Subaccount under subsection (d).
  (d) AUCTION SALES.—
      (1) SUBACCOUNT FOR AUCTIONS.—The Administrator shall es-
    tablish an  Auction Subaccount in the Special  Reserve  estab-
    lished under this section. The Auction Subaccount shall  con-
    tain allowances to be sold at auction under this section in the
    amount of 150,000 tons per year for each year from  1995
    through 1999, inclusive and 250,000 tons per year for each year
    beginning in the calendar year 2000.
      (2) ANNUAL AUCTIONS.—Commencing  in 1993 and  in  each
    year thereafter,  the Administrator shall conduct auctions at
    which the allowances referred to  in paragraph  (1) shall be of-
    fered for sale in accordance with regulations promulgated by
    the Administrator,  in consultation with the Secretary of the
    Treasury, within 12 months of enactment of the Clean Air Act
    Amendments of  1990. The allowances  referred to in paragraph
    (1) shall be offered for sale at auction  in the amounts specified
    in table 2. The auction shall be open  to any person. A person
    wishing to bid for such allowances shall submit (by a date set
    by the Administrator) to  the Administrator (on  a  sealed bid
    schedule provided by the Administrator)  offers to  purchase
    specified numbers of allowances at specified prices. Such regu-

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 Sec. 416
CLEAN AIR ACT
       372
     lations shall specify that the auctioned allowances shall be al-
     located  and sold on  the basis  of bid  price, starting  with the
     highest-priced bid and continuing until all allowances for sale
     at such auction have been allocated. The regulations  shall not
     permit that a minimum price be set for the purchase of with-
     held allowances. Allowances purchased at the auction may be
     used for any purpose and at any time after the auction, subject
     to the provisions of this title.

          TABLE 2—NUMBER or ALLOWANCES AVAILABLE FOR AUCTION
                Year of Sale
                  Spot
                 Auction
                (same year)
Advance
Auction
1993	    50,000*       100,000
1994	    50,000'       100,000
1995	    50,000'       100.000
1996	   150,000        100,000
1997....:	   150,000        100,000
1998	   150,000        100,000
1999	   150,000        100,000
2000 and after	   100,000        100,000
 Allowances sold in the spot sale in any year are allowances which may only be used in that
year (unless banked for use in a later year), except as otherwise noted. Allowances sold in the
advance auction in any year are allowances which may only be used in the 7th year after the
year in which they are first offered for sale (unless banked for use in a later year).
 * Available for use only in 1995 (unless banked for use in a later year).
      (3) Proceeds.—(A) Notwithstanding section 3302 of title 31 of
    the United States Code or any other  provision of law, within 90
    days of receipt,  the Administrator shall transfer the proceeds
    from the auction under this section,  on a pro rata basis,  to the
    owners or operators of the  affected units at an affected source
    from whom allowances were withheld under subsection (b). No
    funds  transferred  from a  purchaser to a seller  of  allowances
    under this paragraph shall be held by any officer or employee
    of the United States or treated for any purpose  as  revenue to
    the United States or the Administrator.
      (B)  At the end of each year, any allowances offered for sale
    but not sold at the auction shall be returned without charge,
    on a  pro rata basis, to the owner or operator of the affected
    units from whose allocation the allowances were withheld.
      (4) ADDITIONAL AUCTION  PARTICIPANTS.—Any person holding
    allowances or to whom allowanras are allocated by the Admin-
    istrator may submit those allownnces to the  Administrator to
    be offered for sale at auction  umler this subsection.  The pro-
    ceeds of any such  sale shall be i. ^nsferred  at the time of sale
    by the purchaser to the person submitting such allowances for
    sale. The holder of allowances offer  d for sale under this para-
    graph may specify a minimum sale price. Any person may pur-
    chase  allowances  offered  for  auction under this  paragraph.
    Such  allowances shall be allocated and  sold  to purchasers on
    the basis of bid  price after the auction  under paragraph (2) is
    complete. No funds transferred from a purchaser to a seller of
    allowances under this paragraph shall be held by any officer or

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 373	CLEAN AIR ACT	Sec. 501

     employee of the United  States or treated for any purpose as
     revenue to the United States or the Administrator.
       (5) RECORDING BY EPA.—The Administrator shall record  and
     publicly report the nature,  prices and results of each auction
     under this  subsection, including  the prices of successful bids,
     and shall record the transfers of allowances as a result of each
     auction  in  accordance with the requirements of this section.
     The transfer of allowances at such auction shall be recorded in
     accordance with the regulations promulgated by the  Adminis-
     trator under this title.
   (e) CHANGES IN SALES, AUCTIONS, AND WITHHOLDING.—Pursuant
 to rulemaking after public notice and comment the Administrator
 may at any  time  after the year 1998 (in the case of advance sales
' or advance auctions) and 2005 (in the case of spot sales or spot auc-
 tions) decrease the number of allowances withheld and sold under
 this section.
   (f) TERMINATION OF  AUCTIONS.— The Administrator may termi-
 nate the withholding of allowances and the auction  sales under
 this  section if the  Administrator determines that,  during  any
 period of 3 consecutive calendar years after 2002, less than 20  per-
 cent of the  allowances available in the auction subaccount have
 been purchased. Pursuant to regulations under this section, the Ad-
 ministrator may by delegation or contract  provide for the conduct
 of sales or auctions under the Administrator's supervision by other
 departments or agencies of the United States Government or by
 nongovernmental agencies, groups, or organizations.
 [42 U.S.C. 7651o]

                  TITLE V—PERMITS

 Sec.  501. Definitions.
 Sec.  502. Permit programs.
 Sec.  503. Permit applications.
 Sec.  504. Permit requirements and conditions.
 Sec.  505. Notification to Administrator and contiguous States.
 Sec.  506. Other authorities.
 Sec.  507. Small business stationary source technical and environmental compliance
          assistance program.
 SEC. 501. DEFINITIONS.
   As used in this title—
       (1) AFFECTED SOURCE.—The term "affected source" shall have
     the meaning given such term in title IV.
       (2) MAJOR SOURCE.—The term "major source" means any  sta-
     tionary  source (or any  group of  stationary sources located
     within a contiguous area and under common control)  that is
     either of the following:
           (A) A major source as  defined in section 112.
           (B) A major stationary source as defined in section  302
        or part D of title I.
       (3) SCHEDULE OF COMPLIANCE.—The term "schedule of compli-
     ance" means a schedule of remedial measures, including an en-
     forceable sequence of actions or operations, leading to compli-
     ance with an applicable implementation plan, emission stand-
     ard, emission limitation, or emission prohibition.

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 Sec. 502	CLEAN AIR ACT	374

       (4)  PERMITTING  AUTHORITY.—The term "permitting author-
    ity" means the  Administrator or the  air  pollution control
    agency authorized by the Administrator to carry out a permit
    program under this title.
 [42 U.S.C. 7661]
 SEC. 502. PERMIT PROGRAMS.
  (a) VIOLATIONS.—After the effective date of any permit program
 approved  or promulgated under this title, it shall be unlawful for
 any person to violate any requirement of a permit  issued under
 this title,  or to operate an affected  source (as provided in title IV),
 a major source, any other source (including an area source) subject
 to standards or  regulations  under  section  111 or  112, any  other
 source required to have a permit under parts C or D of title I, or
 any other stationary source in a category designated (in  whole or
 in part) by regulations promulgated by the Administrator  (after
 notice  and public comment) which  shall include  a finding setting
 forth the  basis for such  designation, except in compliance with a
 permit issued by a permitting authority under this title.  (Nothing
 in this subsection shall be construed to alter the applicable require-
ments  of this Act that a permit be  obtained before construction or
modification.) The Administrator may, in the Administrator's dis-
cretion and consistent with the applicable provisions of  this Act,
promulgate regulations to exempt one or more source  categories (in
whole  or in part) from the  requirements of this  subsection if the
Administrator finds that compliance with such requirements is im-
practicable, infeasible, or unnecessarily burdensome on such cate-
gories, except that the Administrator may not exempt any major
source from such requirements.
  (b) REGULATIONS.—The Administrator shall promulgate within  12
months after the  date of the enactment of the Clean  Air Act
Amendments of 1990  regulations establishing the minimum ele-
ments  of a permit program to be administered by any air  pollution
control agency. These elements shall include each of the following:
      (1) Requirements for permit applications, including a stand-
    ard application form and criteria for determining in a timely
    fashion the completeness of applications.
      (2) Monitoring and reporting requirements.
      (3)(A) A requirement  under State or local  law  or interstate
    compact  that the owner or operator of all sources subject  to
    the requirement to obtain a permit under this  title pay an
    annual fee, or the equivalent over some other period, sufficient
    to  cover  all  reasonable  (direct  and indirect)  costs required  to
    develop and administer the permit program  requirements  of
    this title, including section 507, including the reasonable costs
    of—
          (i) reviewing and acting upon any application for such a
        permit,
          (ii) if the owner or operator receives a permit for such
        source, whether before or after the  date  of the enactment
        of the Clean Air  Act Amendments  of 1990, implementing
        and enforcing the terms and conditions of any such permit
        (not  including any court costs or  other costs associated
        with any enforcement action),

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375	CLEAN AIR ACT	Sec. 502

          (iii) emissions and ambient monitoring,
          (iv) preparing generally applicable regulations, or guid-
        ance,
          (v) modeling, analyses, and demonstrations, and
          (vi) preparing inventories and tracking emissions.
      (B) The total amount of fees collected by the permitting au-
    thority shall conform to the following requirements:
          (i)  The Administrator shall  not approve a program as
        meeting the  requirements of  this paragraph unless the
        State demonstrates that, except  as otherwise provided in
        subparagraphs (ii) through (v) of this  subparagraph, the
        program  will result  in  the  collection, in  the aggregate,
        from all sources subject to subparagraph (A), of an amount
        not less than $25 per ton of each regulated pollutant, or
        such other amount  as the Administrator may determine
        adequately reflects the reasonable costs of the permit pro-
        gram.
          (ii) As used in  this subparagraph,  the  term "regulated
        pollutant" shall mean (I) a volatile organic compound; (II)
        each pollutant regulated under section 111 or 112; and (III)
        each pollutant for which a national primary  ambient air
        quality standard has been promulgated (except that carbon
        monoxide shall be excluded from this reference).
          (iii) In determining the amount under clause (i), the per-
        mitting authority  is not required to include any amount of
        regulated  pollutant  emitted  by  any source in excess of
        4,000 tons per year of that regulated pollutant.
          (iv) The  requirements of clause (i) shall not apply if the
        permitting  authority demonstrates  that  collecting an
        amount less than the amount specified under clause (i) will
        meet the requirements of subparagraph (A).
          (v) The fee calculated under clause (i) shall be increased
        (consistent with the need to cover the reasonable costs au-
        thorized by subparagraph (A)) in each year beginning after
        the year of the enactment of the Clean  Air Act Amend-
        ments of 1990 by the percentage, if any, by which the Con-
        sumer  Price  Index  for the most recent  calendar  year
        ending before the  beginning of such year  exceeds the Con-
        sumer Price Index for the calendar year 1989.  For pur-
        poses of this clause—
             (I) the Consumer Price Index for any calendar year
           is the average of the Consumer Price Index for all-
           urban consumers published   by  the  Department  of
           Labor, as of the close of the 12-month  period ending on
           August 31 of each calendar year, and
             (II) the revision  of the Consumer  Price Index which
           is most consistent with the Consumer Price Index for
           calendar year  1989 shall be used.
     (CXi) If the Administrator determines, under subsection (d),
   that the fee provisions of the operating permit program do not
   meet the  requirements of this paragraph, or if the Administra-
   tor makes a determination, under subsection  (i), that the per-
   mitting authority  is  not adequately administering or enforcing

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SBC. 502
CLEAN AIR ACT
376
    an approved fee program, the Administrator may, in addition
    to taking any other action authorized under this title, collect
    reasonable  fees from  the  sources  identified  under  subpara-
    graph (A). Such fees shall be designed solely to cover the Ad-
    ministrator's  costs of  administering  the provisions of the
    permit program promulgated by the Administrator.
      (ii) Any source that fails to pay fees lawfully imposed by the
    Administrator under this subparagraph shall pay a penalty of
    50 percent of the fee amount, plus interest on the fee amount
    computed in accordance with section 6621(aX2) of the Internal
    Revenue Code of 1986 (relating to computation of interest on
    underpayment of Federal taxes).
      (iii) Any fees, penalties, and interest collected under this sub-
    paragraph shall be deposited in a special fund in the United
    States Treasury for licensing and other services, which thereaf-
    ter shall be available for appropriation,  to remain available
    until expended, subject to appropriation, to carry out the Agen-
    cy's activities for which the fees were collected. Any fee re-
    quired  to be collected by a State, local, or interstate agency
    under this subsection shall be utilized solely to cover all rea-
    sonable (direct and  indirect)  costs  required  to support the
    permit program as set forth in subparagraph (A).
      (4) Requirements for adequate personnel and funding to  ad-
    minister the program.
      (5) A requirement  that the permitting  authority have ade-
    quate authority to:
         (A) issue permits and assure compliance by all sources
       required to have  a permit under this title  with each appli-
       cable standard, regulation or requirement under  this Act;
         (B) issue permits for a fixed term, not to exceed 5 years;
         (C) assure that  upon  issuance or renewal permits incor-
       porate emission limitations and other requirements in an
       applicable implementation plan;
         (D) terminate, modify, or revoke and reissue permits for
       cause;
         (E) enforce permits, permit fee requirements, and the re-
       quirement to obtain a permit, including authority to recov-
       er civil penalties  in a maximum amount  of not less than
       $10,000 per day for each violation, and provide appropriate
       criminal penalties; and
         (F) assure that  no permit will be issued if the Adminis-
       trator objects to its issuance in a timely manner under this
       title.
      (6) Adequate, streamlined, and reasonable procedures for ex-
    peditiously  determining when applications  are complete,  for
    processing such applications, for public notice,  including offer-
    ing an  opportunity for public comment and a hearing, and for
    expeditious review of permit actions, including applications, re-
    newals, or revisions, and including an  opportunity for judicial
    review  in State court of the final permit action by the appli-
    cant, any person who  participated in the public comment proc-
    ess, and any other person who could obtain judicial review of
    that action under applicable law.

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377	CLEAN AIR ACT	Sec. 502

      (7) To ensure against unreasonable delay by the permitting
    authority, adequate authority and procedures to provide that a
    failure of such permitting authority to act on a permit applica-
    tion or permit renewal application (in  accordance  with the
    time periods specified in section  503 or, as appropriate, title
    IV) shall be treated as a final permit action solely for purposes
    of obtaining judicial review in State court of an action brought
    by  any person referred to in paragraph (6) to require that
    action  be taken by the permitting authority on  such applica-
    tion without additional delay.
      (8) Authority, and reasonable procedures consistent with the
    need for  expeditious  action by the permitting  authority  on
    permit applications and related matters, to make available to
    the public any permit application, compliance  plan, permit,
    and monitoring or compliance report under section 503(e), sub-
    ject to the provisions of section 114(c) of this Act.
      (9) A requirement that the permitting authority, in the case
    of permits with a term of 3 or more years for major sources,
    shall require revisions to the permit to  incorporate applicable
    standards and  regulations promulgated under this Act  after
    the issuance of such permit. Such revisions shall occur as expe-
    ditiously as practicable and consistent with the procedures  es-
    tablished  under paragraph (6) but not  later than 18 months
    after the promulgation of such standards and regulations. No
    such revision shall be required  if the effective date of the
    standards or regulations is a date after the expiration of the
    permit term. Such permit revision shall  be treated as a permit
    renewal if it complies with the requirements of this title  re-
    garding renewals.
      (10) Provisions  to allow changes within a permitted facility
    (or one operating pursuant to section 503(d)) without requiring
    a permit revision, if the changes  are not modifications under
    any provision of title I and the changes do not exceed  the emis-
    sions allowable under the permit (whether expressed therein
    as a rate of emissions or in terms of total emissions: Provided,
    That the  facility provides  the Administrator and the permit-
    ting authority with written notification  in advance of the pro-
    posed changes which shall be a minimum of 7 days, unless the
    permitting authority  provides in  its  regulations  a  different
    timeframe for emergencies.
  (c) SINGLE PERMIT.—A single permit may be issued for  a facility
with multiple sources.
  (d) SUBMISSION AND APPROVAL.—(1) Not later than  3 years  after
the date of the enactment of the Clean Air Act Amendments of
1990,  the Governor of each State shall develop and submit to the
Administrator a permit program under State or local law or under
an interstate compact meeting the requirements of this title. In ad-
dition, the Governor shall submit a legal opinion from the attorney
general (or the attorney for those State air pollution control agen-
cies that have independent legal counsel), or from the chief legal
officer of an interstate agency, that the laws of the State, locality,
or the interstate compact provide adequate authority to carry out
the program. Not later than 1 year after receiving a  program, and

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 Sec. 502
CLEAN AIR ACT
378
 after notice and opportunity for public comment, the Administra-
 tor shall approve or disapprove such program, in whole or in part.
 The Administrator may approve a program to the extent that the
 program meets the requirements of this Act,  including the  regula-
 tions issued under subsection (b). If the program is disapproved, in
 whole or in part, the Administrator shall notify  the Governor of
 any revisions or modifications  necessary to obtain approval. The
 Governor shall  revise and resubmit the program for review under
 this section within 180 days after receiving notification.
  (2XA)  If the Governor does  not submit a program as required
 under paragraph (1) or if the Administrator disapproves a program
 submitted  by  the Governor under  paragraph (1),  in whole or in
 part, the Administrator  may,  prior to the expiration of the 18-
 month period referred to in subparagraph (B), in the Administra-
 tor's  discretion,  apply  any of  the  sanctions specified in  section
 179(b).
  (B) If the Governor does not submit a program as required under
 paragraph (1), or if the Administrator disapproves any such pro-
 gram submitted by the Governor under paragraph (1), in whole or
 in part, 18 months after the date required for such submittal or the
 date of such disapproval, as the case may be, the Administrator
 shall apply sanctions under section 179(b) in the same manner and
 subject to the same deadlines and other conditions as are applica-
 ble in the case of a determination, disapproval, or finding  under
 section 179(a).
  (C) The sanctions under section 179(bX2) shall not apply pursuant
 to this paragraph in any area  unless the failure to submit or the
 disapproval referred to in subparagraph (A) or (B)  relates to an air
 pollutant for  which such area  has been designated a nonattain-
 ment area  (as  defined in  part D of title I).
  (3) If a program meeting the requirements of this title has not
 been approved in whole for any State, the Administrator shall,  2
 years after the date required  for  submission  of such a program
 under paragraph (1), promulgate, administer, and enforce  a pro-
 gram under this title for that State.
  (e) SUSPENSION.—The Administrator shall suspend the issuance
 of permits  promptly  upon publication of notice of approval of  a
 permit program under this section, but may, in such notice, retain
jurisdiction over permits that have been  federally issued, but for
 which the administrative or judicial  review process is not complete.
 The  Administrator shall continue  to administer and enforce feder-
 ally  issued  permits under this  title until they are replaced by  a
 permit issued  by a permitting program. Nothing in this subsection
 should be construed to limit the Administrator's ability to enforce
 permits issued by a State.
  (f) PROHIBITION.—No partial  permit program shall be approved
 unless, at a minimum, it applies, and ensures compliance with, this
 title and each  of the following:
      (1) All requirements established under title  IV applicable to
    "affected sources".
      (2) All requirements established under section 112 applicable
    to "major sources", "area sources," and "new sources".

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379	CLEAN AIR ACT	Sec. 502

      (3) All requirements of title I (other than section 112) appli-
    cable to sources required to have a permit under this title.
Approval of a partial program shall not relieve the State of its obli-
gation to submit a complete program, nor from the application of
any sanctions under this Act  for failure to submit an  approvable
permit program.
  (g) INTERIM APPROVAL.—If a program (including a partial permit
program) submitted under  this title substantially meets the re-
quirements  of this title,  but is not fully approvable, the Adminis-
trator may  by rule grant the program interim approval. In the
notice of final  rulemaking, the Administrator  shall  specify the
changes that must be made before the program can receive full ap-
proval. An interim approval under this subsection shall expire on a
date set by the Administrator  not later than 2 years after such ap-
proval, and  may not be renewed. For the period of any  such inter-
im approval, the provisions of subsection (dX2),  and  the obligation
of the Administrator to promulgate a program under this title for
the State pursuant to subsection  (dX3), shall be suspended.  Such
provisions and such obligation  of  the  Administrator  shall apply
after the expiration of such interim approval.
  (h) EFFECTIVE DATE.—The effective date of a permit program,  or
partial or interim program, approved under this title, shall be the
effective date of approval by the Administrator. The effective date
of a permit program, or partial permit program, promulgated by
the Administrator shall be the date of promulgation.
  (i) ADMINISTRATION AND ENFORCEMENT.—(1)  Whenever the Ad-
ministrator  makes a determination that a permitting authority is
not adequately administering  and  enforcing a program, or portion
thereof, in accordance with the  requirements of this title, the Ad-
ministrator  shall provide notice  to the State and may, prior to the
expiration of the 18-month  period referred to in paragraph (2),  in
the Administrator's discretion, apply any of the  sanctions specified
in section 179(b).
  (2) Whenever the Administrator makes  a  determination that a
permitting authority is not adequately administering and enforcing
a program, or portion thereof,  in accordance with the requirements
of this title, 18 months  after the date of the  notice under  para-
graph (1), the Administrator shall  apply the sanctions under sec-
tion 179(b) in the same manner and subject to the same deadlines
and other conditions as are applicable in the case of a  determina-
tion, disapproval, or finding under section 179(a).
  (3) The sanctions under section 179(bX2) shall not apply pursuant
to this subsection in any area unless the failure to adequately en-
force  and administer the program relates to an air pollutant for
which such area has been designated a nonattainment area.
  (4) Whenever the Administrator has made a finding  under para-
graph (1) with  respect to any  State, unless the State has corrected
such deficiency within 18 months after the date of such finding, the
Administrator shalt, 2 years after the date  of such finding, promul-
gate,  administer, and enforce a program  under this title for that
State. Nothing in this paragraph  shall be construed to affect the
validity of a program which has been approved under this title or
the authority of any  permitting authority acting under such pro-

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 Sec. 503
CLEAN AIR ACT
380
 gram until such time as such program is promulgated by the Ad-
 ministrator under this paragraph.
 [42 U.S.C. 7661a]
 SEC. 503. PERMIT APPLICATIONS.
   (a) APPLICABLE DATE.—Any source specified  in section  502(a)
 shall become subject to a.permit program, and required to have a
 permit, on the later of the following dates—
      (1) the effective date of a permit program or partial or inter-
    im  permit program applicable to the source; or
      (2) the date such source becomes subject to section 502(a).
   (b)  COMPLIANCE PLAN.—(II The regulations  required by  section
 502(b) shall include a requirement that the applicant submit with
 the permit application a compliance plan describing how the source
 will comply with all  applicable requirements under  this Act.  The
 compliance plan shall  include a schedule of compliance, and a
 schedule under which the permittee will submit progress reports to
 the permitting authority no less frequently than every 6 months.
   (2) The regulations shall further require the permittee to periodi-
 cally (but no less frequently than annually) certify that the facility
 is in compliance with any applicable requirements of the permit,
 and to promptly report any deviations from permit requirements to
 the permitting authority.
   (c) DEADLINE.—Any person required to have a permit shall, not
 later than 12 months after  the date on which the source becomes
 subject  to  a  permit program approved or promulgated under  this
 title, or such earlier  date as the permitting authority may estab-
 lish, submit to the  permitting authority  a compliance plan and an
 application for a permit signed by a responsible official, who shall
 certify the accuracy of the information submitted. The permitting
 authority shall approve or disapprove a completed application (con-
 sistent with the  procedures established under this title for consider-
 ation of such applications),  and shall  issue or deny the permit,
 within 18 months after the date of receipt thereof, except that the
 permitting authority shall establish a phased  schedule for acting
 on permit applications submitted within the first full year after the
 effective date of a permit program (or  a partial  or  interim  pro-
gram). Any such schedule shall  assure  that at least one-third of
such permits will be acted  on by such authority annually over a
 period of not to exceed 3 years after such effective date.  Such au-
 thority shall establish reasonable procedures to prioritize such ap-
 proval or disapproval actions in  the case of applications for  con-
 struction or modification under the applicable requirements of this
 Act.
  (d) TIMELY AND COMPLETE  APPLICATIONS.—Except for sources re-
 quired to have a permit before construction or modification  under
 the applicable requirements of this Act, if an applicant has submit-
 ted a timely and complete application for a permit  required  by  this
 title (including renewals), but final action has not been taken on
 such application, the  source's failure to have a permit shall not be
 a violation of this Act, unless the delay  in final action was due to
 the failure of the applicant  timely to submit information required
 or requested to process the application. No source  required to have
 a  permit  under  this title shall  be in  violation of section  502(a)

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381	CLEAN AIR ACT	Sec. 504

before the date on which the source is required to submit an appli-
cation under subsection (c).
  (e)  COPIES; AVAILABILITY.—A  copy of each permit  application,
compliance plan (including the schedule of compliance), emissions
or compliance  monitoring report,  certification, and each permit
issued under this title, shall be available to the public. If an appli-
cant or permittee is required to submit information entitled to pro-
tection from disclosure under section 114(c) of this Act, the appli-
cant or permittee may submit such information separately. The re-
quirements  of section  114(c)  shall apply to such  information. The
contents  of a permit shall not be entitled to protection under sec-
tion 114(c).
[42 U.S.C. 7661b]
SEC. 504. PERMIT REQUIREMENTS AND CONDITIONS.
  (a) CONDITIONS.—Each permit issued under this title shall include
enforceable emission limitations and standards, a schedule of com-
pliance, a requirement that the permittee submit to the permitting
authority, no less often than  every 6 months, the  results of any re-
quired monitoring, and such other conditions as  are necessary to
assure compliance with applicable requirements of this Act, includ-
ing the requirements of the applicable implementation plan.
  (b) MONITORING  AND ANALYSIS.—The Administrator may by rule
prescribe procedures and methods for determining compliance and
for monitoring and analysis of pollutants regulated under this Act,
but continuous  emissions monitoring need not be  required if alter-
native methods are available that provide sufficiently reliable and
timely information for determining compliance.  Nothing in  this
subsection shall be construed to affect any  continuous emissions
monitoring requirement of title IV, or where required elsewhere in
this Act.
  (c) INSPECTION, ENTRY,  MONITORING, CERTIFICATION, AND REPORT-
ING.—Each permit issued under this title shall set forth inspection,
entry, monitoring, compliance certification, and reporting require-
ments to assure compliance  with the permit terms and conditions.
Such monitoring and  reporting requirements shall conform to any
applicable regulation  under  subsection (b).  Any report required to
be submitted by a permit issued to a corporation under this  title
shall be signed  by  a responsible corporate official, who shall certify
its accuracy.
  (d)  GENERAL PERMITS.—The  permitting  authority  may,  after
notice and opportunity for public hearing, issue a general permit
covering  numerous  similar  sources. Any  general permit  shall
comply with all requirements applicable to permits under this title.
No source covered by a  general permit shall thereby be relieved
from the obligation to file an  application under section 503.
  (e) TEMPORARY SOURCES.—The permitting authority may issue a
single permit authorizing emissions from similar operations at mul-
tiple temporary locations. No such permit shall be issued unless it
includes  conditions that will assure  compliance  with  all the re-
quirements  of this Act at all authorized locations,  including, but
not limited to, ambient standards and compliance  with any applica-
ble increment or  visibility requirements under part C of title I.
Any such permit shall in addition require the owner or operator to

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Sec. 505
CLEAN AIR ACT
382
 notify the permitting authority in advance of each change in loca-
 tion.  The permitting authority may require a  separate permit fee
 for operations at each location.
  (f) PERMIT SHIELD.—Compliance with a permit issued in accord-
 ance  with this title shall be deemed compliance with section 502.
 Except as otherwise provided by the Administrator by  rule, the
 permit may also provide that compliance with the permit shall be
 deemed compliance with other applicable provisions of this Act
 that relate to the permittee if—
      (1)  the permit includes the applicable  requirements of such
    provisions, or
      (2) the permitting authority in acting on the permit applica-
    tion makes a determination relating to the permittee that such
    other provisions (which shall be referred to in such determina-
    tion) are not applicable and the permit includes the determina-
    tion or a concise summary thereof.
 Nothing in the preceding sentence shall alter or  affect the  provi-
sions  of section 303, including the authority of the Administrator
 under that section.
[42 U.S.C. 7661c]
SEC. 505. NOTIFICATION TO ADMINISTRATOR AND CONTIGUOUS STATES.
  (a) TRANSMISSION AND NOTICE.—(1) Each permitting authority—
      (A)  shall transmit to  the  Administrator  a copy of each
    permit application (and any application for a  permit modifica-
    tion or renewal) or  such portion thereof, including any compli-
    ance  plan, as  the  Administrator may require to effectively
    review the application and otherwise to carry out the Adminis-
    trator's responsibilities under this Act, and
      (B)  shall provide to the Administrator a copy of each permit
    proposed to be issued and issued as a final permit.
  (2) The permitting authority shall notify all States—
      (A)  whose air quality may be  affected and that are contigu-
    ous to the State in which the emission originates, or
      (B) that are within 50 miles of the source,
of each permit application or proposed permit forwarded to the Ad-
ministrator under this section, and shall provide an opportunity for
such States to submit written recommendations respecting the issu-
ance of the permit and its terms and conditions. If any part of
those  recommendations  are not accepted by the permitting author-
ity, such authority shall notify the State submitting the recommen-
dations and the Administrator in writing of its failure to accept
those  recommendations  and the reasons therefor.
  (b) OBJECTION BY EPA.—(1) If any permit contains provisions that
are determined by the Administrator as not in compliance with the
applicable requirements of this Act,  including the requirements of
an applicable implementation plan, the Administrator shall,  in ac-
cordance with this subsection, object to its issuance. The permitting
authority  shall respond in  writing if the Administrator (A) within
45 days after receiving a copy of the proposed permit under subsec-
tion (aXl), or (B) within 45  days after receiving notification  under
subsection (a)(2), objects in  writing to its  issuance as not in compli-
ance with such requirements. With  the objection, the Administra-
 tor shall  provide a statement of the reasons  for  the objection. A

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383	CLEAN AIR ACT	Sec. 505

copy of the objection and statement shall be provided to the appli-
cant.
  (2) If the Administrator does not object in writing to the issuance
of a permit pursuant to paragraph (1), any person may petition the
Administrator within 60 days  after the expiration  of the 45-day
review period specified in paragraph (1) to take such action. A copy
of such petition shall be provided to the permitting authority and
the applicant by the petitioner. The petition shall be  based only on
objections to the permit that were raised with reasonable  specifici-
ty during the public comment period provided by the permitting
agency (unless the petitioner demonstrates in the petition to the
Administrator that  it was impracticable to raise such objections
within such period or unless the grounds for such objection arose
after such period). The petition shall identify all such objections. If
the permit has been issued by the permitting agency, such petition
shall not postpone the effectiveness of the permit. The Administra-
tor shall grant or deny such petition within 60 days after  the peti-
tion is filed. The Administrator shall issue an objection  within such
period if the petitioner demonstrates to the Administrator that the
permit is not in compliance with the requirements of this Act, in-
cluding the  requirements  of the applicable implementation plan.
Any denial of such petition shall be subject to judicial review under
section 307. The Administrator shall include  in regulations under
this title provisions to implement this paragraph. The Administra-
tor may not delegate  the requirements of this paragraph.
  (3) Upon receipt of an objection by the Administrator under this
subsection,  the  permitting authority may not  issue  the permit
unless it is  revised and issued  in accordance with subsection (c). If
the permitting authority has issued  a permit prior to receipt of an
objection by the Administrator  under paragraph (2) of this subsec-
tion, the Administrator shall  modify,  terminate, or  revoke such
permit and the permitting authority may thereafter only issue a
revised permit in accordance with subsection (c).
  (c) ISSUANCE OR DENIAL.—If the permitting authority fails, within
90 days  after the date of an  objection under subsection (b), to
submit a permit revised to meet the objection,  the Administrator
shall issue or deny the permit in accordance with the requirements
of this title. No objection  shall be subject to judicial review until
the Administrator takes  final  action to issue  or deny a permit
under this subsection.
  (d) WAIVER OF NOTIFICATION REQUIREMENTS.—(1) The Administra-
tor may  waive the requirements of subsections (a) and (b) at the
time of approval of a permit program under this title for any cate-
gory (including any  class, type, or  size within such category) of
sources covered by the program other than major sources.
  (2) The Administrator may, by regulation, establish categories of
sources (including any class, type, or size within such category) to
which the requirements of subsections  (a) and (b) shall not apply.
The preceding sentence shall not apply to major sources.
  (3) The Administrator may exclude from  any waiver under  this
subsection notification under subsection (a)(2). Any waiver granted
under this subsection may be revoked or modified by the Adminis-
trator by rule.

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Sec. 506	CLEAN AIR ACT	384

  (e) REFUSAL OF PERMITTING AUTHORITY To TERMINATE, MODIFY,
OR  REVOKE AND  REISSUE.—If the Administrator finds that cause
exists  to terminate, modify, or revoke and reissue a permit under
this title, the Administrator shall notify the permitting authority
and the source of the Administrator's finding. The permitting au-
thority shall, within 90 days after receipt of such notification, for-
ward  to the Administrator under this section a proposed determi-
nation of termination, modification, or revocation and reissuance,
as appropriate. The Administrator may extend such 90 day period
for an additional 90 days if the Administrator finds that a new or
revised permit application is necessary, or that the permitting au-
thority must require the permittee  to submit additional  informa-
tion. The Administrator may review such  proposed determination
under  the provisions of subsections (a) and (b). If the permitting au-
thority fails to submit the required proposed determination, or if
the Administrator objects and the permitting authority fails to re-
solve  the  objection  within 90 days,  the Administrator may, after
notice  and in accordance with fair and reasonable procedures, ter-
minate, modify, or revoke and reissue the permit.
[42 U.S.C. 7661d]
SEC. 506. OTHER AUTHORITIES.
  (a) IN GENERAL.—Nothing in this  title shall prevent a State, or
interstate permitting  authority, from  establishing  additional  per-
mitting requirements not inconsistent with this Act.
  (b) PERMITS IMPLEMENTING  ACID RAIN  PROVISIONS.—The provi-
sions of this title, including provisions regarding schedules for sub-
mission and approval or disapproval of permit applications, shall
apply to permits implementing the requirements of title IV except
as modified by that title.
[42 U.S.C. 7661e]
SEC. 507. SMALL BUSINESS STATIONARY SOURCE TECHNICAL AND ENVI-
           RONMENTAL COMPLIANCE ASSISTANCE PROGRAM.
  (a) PLAN REVISIONS.—Consistent with sections 110 and 112, each
State shall, after  reasonable notice and public hearings, adopt and
submit to the Administrator as part of the State  implementation
plan for such  State or as a  revision  to such State implementation
plan under section 110,  plans for establishing a small business sta-
tionary source technical and environmental compliance assistance
program. Such submission shall  be  made within 24 months after
the date of the enactment of the Clean Air Act Amendments of
1990. The Administrator shall approve such program if it includes
each of the following:
      (1) Adequate  mechanisms for  developing, collecting, and co-
    ordinating information  concerning compliance methods  and
    technologies  for small  business stationary  sources, and  pro-
    grams to encourage lawful  cooperation among such sources
    and other persons to further compliance with this Act.
      (2) Adequate  mechanisms  for assisting small business sta-
    tionary sources with  pollution prevention and accidental re-
    lease  detection  and prevention, including  providing  informa-
    tion concerning alternative technologies, process changes, prod-
    ucts, and  methods of operation that help reduce air pollution.

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385	CLEAN AIR ACT	Sec. 507

      (3)  A  designated State office  within the  relevant State
    agency to serve as ombudsman for small business stationary
    sources in connection with the implementation of this Act.
      (4) A compliance assistance program for small business sta-
    tionary sources which assists small business stationary sources
    in determining applicable requirements and in receiving per-
    mits under this Act in a timely and efficient manner.
      (5) Adequate mechanisms to assure  that small business sta-
    tionary sources receive notice of their  rights under this Act in
    such manner and  form as to assure reasonably adequate time
    for such  sources to evaluate compliance methods and  any rele-
    vant or  applicable proposed or final  regulation  or  standard
    issued under this Act.
      (6) Adequate mechanisms for informing small  business sta-
    tionary sources of their obligations under this Act, including
    mechanisms for referring such  sources to qualified auditors or,
    at the option of the State, for providing audits of the oper-
    ations  of such sources to  determine compliance with  this Act.
      (7) Procedures for  consideration of requests from a small
    business  stationary source for modification of—
          (A) any work practice or  technological method of compli-
        ance, or
          (B) the  schedule of milestones  for implementing  such
        work practice  or method of compliance preceding any ap-
        plicable compliance date,
    based on the technological and  financial capability of any such
    small business stationary  source. No such modification may be
    granted unless it is in compliance  with the applicable require-
    ments  of this Act,  including the requirements of the applicable
    implementation plan. Where such  applicable requirements are
    set forth in  Federal regulations, only modifications authorized
    in such regulations may be allowed.
  (b)  PROGRAM.—The   Administrator   shall  establish within  9
months after the date of the enactment of the  Clean  Air  Act
Amendments of 1990 a small business stationary source technical
and environmental compliance assistance program. Such  program
shall—
      (1) assist the States in  the development of the  program re-
    quired under subsection  (a) (relating  to assistance for small
    business stationary sources);
      (2) issue guidance for the use of  the States in the implemen-
    tation of these programs that includes alternative control tech-
    nologies and pollution prevention  methods applicable to small
    business stationary sources; and
      (3) provide for implementation of the program provisions re-
    quired under subsection (a)(4) in any State that fails to  submit
    such a program under that subsection.
  (c) ELIGIBILITY.—(1) Except as provided in paragraphs (2) and (3),
for purposes  of  this section, the  term  "small business stationary
source" means a stationary source that—
      (A) is owned or  operated by a person that employs  100 or
    fewer individuals,

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 Sec. 507
CLEAN AIR ACT
386
      (B) is a small business concern as defined in the Small Busi-
    ness Act;
      (C) is not a major stationary source;
      (D) does not emit 50 tons or more  per year of any regulated
    pollutant; and
      (E) emits less than 75 tons per year of all regulated pollut-
    ants.
  (2) Upon petition by a source, the State may, after notice and op-
portunity for public comment,  include as a small business station-
ary source for purposes of this  section any stationary source which
does not meet the criteria of subparagraphs (C), (D), or (E) of para-
graph (1) but which does not emit more  than  100 tons per year of
all regulated pollutants.
  (3XA) The Administrator, in consultation with the Administrator
of the Small Business Administration and after providing  notice
and opportunity for public comment, may exclude from the small
business stationary source definition under this section any catego-
ry or subcategory of sources that the Administrator determines to
have sufficient technical and financial capabilities to meet the re-
quirements of this Act without the application of this  subsection.
  (B)  The State, in consultation with the  Administrator and the
Administrator of the Small Business Administration and after pro-
viding notice and opportunity for public hearing, may exclude from
the small business stationary source definition  under this section
any category or subcategory of sources that the State determines to
have sufficient technical and financial capabilities to meet the re-
quirements of this Act without the application  of this  subsection.
  (d) MONITORING.—The  Administrator shall  direct the Agency's
Office of  Small and Disadvantaged Business  Utilization through
the Small Business Ombudsman (hereinafter in this  section  re-
ferred to as the "Ombudsman") to monitor the small business sta-
tionary  source  technical and  environmental compliance assistance
program under this section. In carrying out such monitoring activi-
ties, the Ombudsman shall—
      (1) render advisory opinions on  the overall effectiveness  of
    the Small Business Stationary Source Technical and Environ-
    mental  Compliance Assistance  Program,  difficulties encoun-
    tered, and degree and severity of enforcement;
      (2) make periodic reports to the Congress  on the compliance
    of the Small Business Stationary Source  Technical and Envi-
    ronmental  Compliance Assistance Program with the require-
    ments of the Paperwork  Reduction Act, the Regulatory Flexi-
    bility Act, and the Equal Access to Justice  Act;
      (3) review information to be issued by  the Small  Business
    Stationary  Source Technical and  Environmental Compliance
    Assistance  Program  for smalt business stationary  sources  to
    ensure that the information is understandable by the layper-
    son; and
      (4) have the Small Business Stationary Source Technical and
    Environmental  Compliance Assistance Program serve as the
    secretariat for the development and  dissemination of such re-
    ports and advisory opinions.

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387	CLEAN AIR ACT	Sec. 507

  (e) COMPLIANCE ADVISORY PANEL.—(1) There shall be created a
Compliance Advisory Panel (hereinafter referred to as the "Panel")
on the State level of not less than 7 individuals. This Panel shall—
      (A) render advisory opinions concerning the effectiveness of
    the small business stationary source technical and environ-
    mental  compliance  assistance  program,  difficulties  encoun-
    tered, and degree and severity of enforcement;
      (B) make periodic  reports to the Administrator concerning
    the compliance of the State Small Business  Stationary Source
    Technical and Environmental Compliance Assistance Program
    with the requirements of the Paperwork Reduction Act, the
    Regulatory Flexibility  Act,  and the Equal  Access to  Justice
    Act;
      (C) review information for small business stationary  sources
    to assure such information is understandable by the layperson;
    and
      (D) have the Small Business Stationary Source Technical and
    Environmental Compliance  Assistance Program serve as the
    secretariat for the development and dissemination of such re-
    ports and advisory opinions.
  (2) The Panel shall consist of—
      (A) 2 members, who are  not owners, or  representatives of
    owners, of small business stationary sources,  selected by the
    Governor to represent the general public;
      (B) 2 members selected  by the State legislature who are
    owners, or who represent owners, of small business stationary
    sources (1 member each by  the majority and minority leader-
    ship of the lower house, or  in the case  of a unicameral State
    legislature, 2 members each shall be selected by the majority
    leadership and the minority leadership, respectively, of such
    legislature, and subparagraph (C) shall not apply);
      (C) 2 members selected  by the State legislature who are
    owners, or who represent owners, of small business stationary
    sources (1 member each by  the majority and minority leader-
    ship of the upper house, or the equivalent State entity);  and
      (D) 1 member selected by the  head  of the department or
    agency of the State  responsible for air pollution  permit  pro-
    grams to represent that agency.
  (f) FEES.—The State (or the Administrator) may reduce any fee
required under this Act to take into account the financial resources
of small business stationary sources.
  (g) CONTINUOUS  EMISSION MONITORS.—In developing regulations
and CTGs  under  this Act that  contain continuous emission moni-
toring requirements,  the Administrator, consistent with  the re-
quirements of this Act, before applying such requirements to small
business stationary sources, shall consider the necessity and appro-
priateness  of such requirements for such sources.  Nothing in this
subsection shall affect the applicability of title IV provisions relat-
ing to continuous emissions monitoring.
  (h)  CONTROL TECHNIQUE GUIDELINES.—The  Administrator  shall
consider, consistent with the requirements of this Act, the  size,
type, and technical capabilities of small business stationary sources
(and sources which are eligible under subsection (c)(2) to be treated

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 Sec. 601	CLEAN AIR ACT	388

 as small business stationary sources) in developing CTGs applicable
 to such sources under this Act.
 [42 U.S.C. 7661f]

      TITLE VI—STRATOSPHERIC OZONE
                       PROTECTION

                          TABLE OF CONTENTS
 Sec. 601. Definitions.
 Sec. 602. Listing of class I and class II substances.
 Sec. 603. Monitoring and reporting requirements.
 Sec. 604, Phase-out of production and consumption of class I substances.
 Sec. 605. Phase-out of production and consumption of class II substances.
 Sec. 606. Accelerated schedule.
 Sec. 607, Exchanges. [Exchange authority.] '
 Sec. 608. National recycling and emission reduction program.
 Sec. 609. Servicing of motor vehicle air conditioners.
 Sec. 610. Nonessential products containing chlorofluorocarbons.
 Sec. 611. Labeling.
 Sec. 612. Safe alternatives policy.
 Sec. 613. Federal procurement.
 Sec. 614. Relationship to other law.
 Sec. 615. Authority of Administrator.
 Sec. 616. Transfers among Parties to the 2 Montreal Protocol.
 Sec. 617. International cooperation.
Sec. 618. Miscellaneous [provisions]. 3
SEC. 601. DEFINITIONS.
  As used in this title—
      (1)  APPLIANCE.—The  term  "appliance"  means  any  device
    which contains and uses a class I or class II substance as a re-
    frigerant and which is used for household or commercial  pur-
    poses,  including  any  air conditioner, refrigerator, chiller,  or
    freezer.
      (2) BASELINE YEAR.—The term "baseline year" means—
          (A) the calendar year 1986, in the case of any class I sub-
        stance listed  in Group I or II under section 602(a),
          (B) the calendar year 1989,  in the case of any class I sub-
        stance listed in  Group III, IV, or V under section  602ia),
        and
          (C) a representative  calendar year selected  by the Ad-
        ministrator, in the case of—
               (i)  any substance added to the list  of class  I  sub-
             stances after  the publication of the initial list under
             section 602(a), and
               (ii) any class II substance.
      (3) CLASS i SUBSTANCE.—The term "class I substance"  means
    each of the substances listed as provided in section 602(a).
      (4)  CLASS  n SUBSTANCE.—The  term  "class  II  substance"
    means  each  of the  substances listed  as provided in  section
    602(b).

  1 So in original Docs not conform to section heading as noted in brackets
  "So in original The word "the" does not appear in the set-lion heading
  3 See footnote I.

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389	CLEAN AIR ACT	Sec. 601

      (5) CoMMissioNER.~The  term "Commissioner"  means the
    Commissioner of the Food and Drug Administration.
      (6) CONSUMPTION.—The term "consumption" means, with re-
    spect to any substance, the amount of that substance produced
    in the United States,  plus the amount imported, minus the
    amount exported to  Parties to the  Montreal Protocol.  Such
    term shall be construed in a manner consistent with the Mon-
    treal Protocol.
      (7) IMPORT.—The term "import" means  to land on, bring
    into, or introduce into, or attempt to land on, bring into, or in-
    troduce into, any place subject to the jurisdiction of the United
    States, whether or not such landing, bringing, or introduction
    constitutes an importation within the meaning of the customs
    laws of the United States.
      (8) MEDICAL DEVICE.—The term "medical device"  means any
    device (as defined in the Federal Food, Drug, and Cosmetic Act
    (21 U.S.C. 321)), diagnostic product, drug (as defined in the Fed-
    eral  Food,  Drug, and Cosmetic Act),  and drug delivery
    system—
          (A) if such device, product, drug, or drug delivery system
        utilizes a class I or class II substance for  which no safe and
        effective alternative has been developed, and where neces-
        sary, approved by  the Commissioner; and
          (B) if such device, product, drug, or drug delivery system,
        has, after notice and opportunity for public comment, been
        approved and  determined to be essential by the Commis-
        sioner in consultation with the Administrator.
      (9) MONTREAL PROTOCOL.—The  terms "Montreal Protocol"
    and "the Protocol" mean the Montreal Protocol on Substances
    that Deplete the Ozone Layer, a protocol to the Vienna Con-
    vention for the Protection  of the Ozone Layer, including ad-
    justments adopted by  Parties  thereto  and amendments that
    have entered into force.
      (10) OZONE-DEPLETION POTENTIAL.—The term "ozone-depletion
    potential" means a factor established by the Administrator to
    reflect the ozone-depletion potential of a substance, on  a mass
    per  kilogram  basis,  as compared  to  chlorofluorocarbon-11
    (CFC-11). Such  factor shall be based upon the substance's at-
    mospheric lifetime, the molecular weight of bromine and  chlo-
    rine, and the substance's ability  to be photolytically disassoci-
    ated, and upon  other factors  determined to  be an accurate
    measure of relative ozone-depletion potential.
      (11)  PRODUCE,   PRODUCED,  AND  PRODUCTION.—The terms
    "produce",  "produced", and "production", refer to the manu-
    facture of a  substance from any  raw material or  feedstock
    chemical, but such terms do not include—
          (A) the manufacture of a substance that is used and en-
        tirely consumed (except for trace quantities) in the manu-
        facture of other chemicals, or
          (B) the reuse or  recycling of a substance.
[42 U.S.C. 76711

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 Sec, 602
CLEAN  AIR ACT
390
 SEC. 602. LISTING OF CLASS I AND CLASS II SUBSTANCES.
   (a) LIST OF CLASS I SUBSTANCES.—Within 60 days after enactment
 of the Clean Air Act Amendments of 1990, the Administrator shall
 publish an initial list of class I substances, which list shall contain
 the following substances:

      Group I
      chlorofluorocarbon-11 (CFC-11)
      chlorofluorocarbon-12 (CFC-12)
      chlorofluorocarbon-113  (CPC-113)
      chlorofluorocarbon-114  (CPC-114)
      chlorofluorocarbon-115  (CPC-115)

      Group II
      halon-1211
      halon-1301
      halon-2402

      Group III
      chlorofluorocarbon-13 (CFC-13)
      chlorofluorocarbon-111  (CPC-111)
      chlorofluorocarbon-112  (CFC-112)
      chlorofluorocarbon-211  (CPC-211)
      chlorofluorocarbon-212  (CPC-212)
      chlorofluorocarbon-213  (CFC-213)
      chlorofluorocarbon-214  (CFC-214)
      chlorofluorocarbon-215  (CFC-215)
      chlorofluorocarbon-216  (CFC-216)
      chloronuorocarbon-217  (CPC-217)

      Group IV
      carbon tetrachloride

      Group V
      methyl chloroform

The initial list under this subsection shall also include the isomers
of the substances listed above, other than 1,1,2-trichloroethane (an
isomer of methyl chloroform). Pursuant  to subsection (c), the Ad-
ministrator shall add to the list of class I  substances any other sub-
stance  that the Administrator  finds causes or contributes signifi-
cantly to harmful effects on the stratospheric ozone layer. The Ad-
ministrator  shall, pursuant to  subsection (c), add to such  list all
substances that the Administrator determines have an ozone deple-
tion potential of 0.2 or greater.
  (b)  LIST OF CLASS II SUBSTANCES.—Simultaneously with publica-
tion of the initial list of  class  I substances, the  Administrator shall
publish an initial list of class II substances, which shall contain the
following substances:
hydrochlorofluorocarbon-21 (HCFC-21)
hydrochlorofluorocarbon-22 (HCFC-22)
hydrochlorofluorocarbon-31 (HCFC-31)
hydrochlorofluorocarbon-121 (HCFC-121)
hydrochloronuorocarbon-122(HCFC-122)
hydrochloronuorocarbon-123 (HCFC-1231
hydrochlorofluorocarbon-124(HCFC-124)
hydrochlorofluorocarbon-131 (HCFC-131)
hydrochlorofluorocarbon-132(HCFC-132)
hydrochloronuorocarbon-133(HCFC-133)
hydrochlorofluorocarbon-141 (HCFC-141)
hydrochlorofluorocarbon-142 (HCFC-142)
hydrochlorofluorocarbon-221 lHCFC-221)
hydrochlorofluoroearbon-22:2 (HCTC-21H)

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391	CLEAN AIR ACT	Sec. 602

hydrochloronuorocarbon-223(HCFC-223)
hydrochlorofluorocarbon-224 (HCFC-224)
hydrochlorofluorocarbon-225
hydrochlorofluorocarbon-243(HCFC-243>
hydrochloronuorocarbon-244 (HCFC-244)
hydrochloronuorocarbon-251 (HCFC-2511
hydrochloronuorocarbon-252(HCFC-252l
hydrochlorofluorocarbon-253
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Sec. 602	CLEAN AIR ACT	382

substance referred  to in subsection (a),  including methyl chloro-
form, may be removed from the list of class I substances.
  (d) NEW LISTED SUBSTANCES.—In the case of any substance added
to the list of class I or class II substances after publication of the
initial list of such substances under this section, the Administrator
may extend any schedule or compliance deadline contained in sec-
tion 604  or  605 to  a later date than specified in such  sections if
such schedule or deadline is unattainable, considering when such
substance is added  to the list.  No extension  under this subsection
may extend the date for termination of production of any class I
substance to a date more than 7 years after January 1 of the year
after the year in  which the substance is added to the list of class I
substances. No extension under  this subsection may extend  the
date for termination of production  of any class  II substance  to a
date more than 10 years after January 1 of the year after the year
in which the substance is added  to the list of class II substances.
  (e) OZONE-DEPLETION AND GLOBAL WARMING POTENTIAL.—Simul-
taneously with publication of the lists under this section and simul-
taneously with any  addition to either  of such lists, the Administra-
tor shall  assign to each listed  substance a numerical value repre-
senting the substance's ozone-depletion potential. In addition,  the
Administrator shall publish the chlorine  and bromine loading po-
tential and the atmospheric lifetime of each listed substance.  One
year after enactment of the Clean Air Act  Amendments  of  1990
(one year after the addition of a substance to either of such lists in
the case  of a substance added  after the publication of the initial
lists of such substances), and after notice and opportunity for
public comment, the Administrator shall publish the global warm-
ing potential of each listed substance. The preceding sentence shall
not be construed to be the basis of any additional regulation under
this  Act.  In the case of the substances referred to in table 1, the
ozone-depletion potential shall  be as specified in table 1, unless the
Administrator  adjusts  the  substance's  ozone-depletion potential
based on criteria referred to in  section 601(10):

                             TABLE 1
                      Substance                       Ozone-depletion
                      substance                          potential
chlorofluorocarbon-11 (CFC-11)	       1.0
chlorofluorocarbon-12  (CFC-115)	       0.6
chlorofluorocarbon-211 (CFC-211)	       1.0
chlorofluorocarbon-212 (CFC-212)	       1.0
chlorofluorocarbon-213 (CFC-213)	       1.0
ch]orofluorocarbon-214 (CFC-214)	       1.0
chlorofluorocarbon-215 (CFC-215)	       1.0
chlorofluorocarbon-216 (CFC-216)	       1.0
chlorofluorocarbon-217 (CFC-217)	       1.0
halon-1211	       3.0
halon-1301	      10.0

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393	CLEAN AIR ACT	Sec. 603

                         TABLE 1—Continued

                      Substance
hahm-2402	      6.0
carbon tetrachloride	      1.1
methyl chloroform	      0.1
hydrochloronuorocarbon-22(HCFC-22)	      0.05
hydrochlorofluorocarbon-123(HCFC-123)	      0.02
hydrochloronuorocarbon-124 (HCFO124)	      0.02
hydrochlorofluorocarbon-141(b) (HCFC-141(b)l	      0.1
hydrochlorofluorocarbon-142(b)(HCFC-142(b)>	      0.06
Where the ozone-depletion potential of a substance is specified in
the Montreal Protocol, the ozone-depletion potential specified for
that substance under this section shall be consistent with the Mon-
treal Protocol.
[42 U.S.C. 7671a]
SEC. 603. MONITORING AND REPORTING REQUIREMENTS.
  (a) REGULATIONS.—Within 270 days  after the enactment of the
Clean  Air  Act  Amendments  of  1990,  the  Administrator shall
amend the regulations of the Administrator in effect on such date
regarding monitoring and  reporting  of class I and class  II sub-
stances.  Such amendments shall conform to  the  requirements of
this section.  The amended  regulations shall  include requirements
with respect to the time and manner of monitoring and reporting
as required under this section.
  (b)  PRODUCTION,  IMPORT,  AND EXPORT  LEVEL  REPORTS.—On  a
quarterly basis, or such other basis (not  less than  annually) as de-
termined by  the Administrator, each person who produced, import-
ed, or  exported a class I or class  II substance shall file a report
with the Administrator setting forth the  amount  of the substance
that such person produced, imported, and exported during the pre-
ceding reporting period. Each such report shall be signed and at-
tested  by a responsible officer. No such  report shall be required
from a person after April 1 of the  calendar year after such person
permanently ceases production, importation, and exportation of the
substance and so notifies the Administrator in  writing.
  (c) BASELINE REPORTS FOR CLASS  I SUBSTANCES.—Unless such in-
formation has  previously been  reported to the Administrator, on
the date on which the first report  under subsection (b) is required
to be filed, each person who produced, imported, or exported a class
I substance (other than a substance added to the list of class I sub-
stances after the publication  of the initial list of  such substances
under this section) shall file a  report with the Administrator set-
ting forth the amount of such substance that such  person produced,
imported, and exported during  the baseline year.  In the  case of a
substance added to the list of class  I substances after publication of
the initial list of such substances under this section,  the  regula-
tions shall require that each person who produced, imported, or ex-
ported such substance shall file a report with the Administrator
within 180 days after the  date on which such substance is added to

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 Sec. 603	CLEAN AIR ACT	394

 the list, setting forth the amount of the substance that such person
 produced, imported, and exported in the baseline year.
  (d) MONITORING AND REPORTS TO CONGRESS.—(1) The Administra-
 tor shall monitor and, not less often  than every 3 years following
 enactment of the Clean Air Act Amendments  of 1990, submit a
 report to Congress on the production, use and consumption of class
 I and class II substances. Such report shall include data on domes-
 tic  production, use and consumption, and an estimate of worldwide
 production, use and consumption of such substances. Not less fre-
 quently than every 6 years  the Administrator shall report to Con-
 gress  on the environmental and  economic  effects  of any strato-
 spheric ozone depletion.
  (2) The Administrators of the National  Aeronautics and Space
 Administration and the National Oceanic and Atmospheric Admin-
 istration shall monitor, and not less often than every 3 years fol-
 lowing enactment of the  Clean Air  Act Amendments  of  1990,
 submit a report to Congress on the current average tropospheric
 concentration of chlorine and bromine and on the level of strato-
 spheric ozone depletion. Such reports shall include updated projec-
 tions of—
      (A) peak chlorine  loading;
      (B) the rate at which the atmospheric abundance of chlorine
    is projected to decrease after the year 2000; and
      (C) the date by which  the atmospheric abundance of chlorine
    is projected to return to a level of two parts per billion.
 Such  updated projections shall be  made on the basis of current
 international and domestic controls on substances covered by this
 title as well  as on the  basis of such controls supplemented by a
year 2000 global  phase out of all halocarbon emissions (the base
case).  It is the purpose  of the Congress  through the  provisions of
this section to monitor closely the production and consumption of
 class II substances to assure that the production and consumption
 of such substances will not:
      (i)  increase  significantly the  peak chlorine loading that  is
    projected to occur under the base case established for purposes
    of this section;
      (ii) reduce  significantly the  rate  at  which the atmospheric
    abundance of chlorine is projected to decrease under  the base
    case; or
      (iii) delay the date by which the average atmospheric concen-
    tration of chlorine is projected under the base case to return to
    a level of two parts per billion.
  (e) TECHNOLOGY  STATUS  REPORT IN  2015.—The  Administrator
shall review, on a periodic  basis, the progress being made in the
development of alternative systems or products necessary to manu-
 facture and operate appliances without class II substances. If the
Administrator finds, after notice and opportunity for public com-
 ment, that as a result of technological development  problems, the
development of such alternative systems  or products will not  occur
within the time necessary to provide for the manufacture of such
equipment  without such substances  prior to the applicable  dead-
 lines under section  605, the Administrator shall, not later  than
 January 1, 2015, so inform the Congress.

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395	CLEAN AIR ACT	Sec. 604

  (f) EMERGENCY REPORT.—If, in consultation with the Administra-
tors of the National Aeronautics and Space Administration and the
National Oceanic and Atmospheric  Administration,  and  after
notice and opportunity for public comment, the Administrator de-
termines that the global production, consumption, and use of class
II substances are projected to contribute to an atmospheric chlorine
loading in excess  of the base case projections by more than  s/ioths
parts per billion,  the Administrator shall so inform the Congress
immediately. The determination referred to in the preceding sen-
tence shall be based on the monitoring under subsection (d) and up-
dated not less often than every 3 years.
[42 U.S.C. 7671b]
SEC. 604. PHASE-OUT OF PRODUCTION AND CONSUMPTION OF CLASS I
          SUBSTANCES.
  (a) PRODUCTION  PHASE-OUT.—Effective on January 1 of each year
specified in Table 2, it shall be  unlawful for any person to produce
any cJass I substance in an annual quantity greater than the rele-
vant percentage specified  in Table 2. The  percentages in Table 2
refer to a maximum  allowable production  as a percentage  of the
quantity of the substance produced by the person concerned in the
baseline year.

                            TABLE 2
             nt                   Carbon      Methyl    Other class
                                tetrachloride   chloroform
1991	 100%	  100%	 85%
1992	      	  90%	  100%	 80%
1993	  80%	  90%	 75%
1994	  70%	  85%	 65%
1995	  15%	  70%	 50%
1996       	  15%	  50%	 40%
1997	  ir»%	  50%	 15%
1998	  l.Vr	  50%	 15%
1999..      	  )">%	  50%	 15%
2000	  20%	
2001	  20%	
  (b) TERMINATION OF PRODUCTION OF CLASS I SUBSTANCES.—Effec-
tive January 1, 2000 {January 1, 2002 in the case of methyl chloro-
form), it shall be unlawful for any person to produce any amount of
a class I substance.
  (c) REGULATIONS REGARDING PRODUCTION AND CONSUMPTION OF
CLASS I SUBSTANCKS.—The Administrator shall promulgate regula-
tions within  10 months after  the enactment of the Clean Air Act
Amendments of 1990 phasing out  the production  of class I sub-
stances in accordance with this section and other applicable provi-
sions of this  title. The Administrator shall  also promulgate regula-
tions to insure that the consumption  of class I substances in the
United  States is phased out and terminated in accordance with the
same schedule (subject to the same exceptions  and other provisions)
as is applicable to the phase-out and termination of production of
class I substances under this title.

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Sec. 604
CLEAN AIR ACT
396
  (d)  EXCEPTIONS  FOR ESSENTIAL  USES OF METHYL CHLOROFORM,
MEDICAL DEVICES, AND AVIATION SAFETY.—
      (1) ESSENTIAL USES OF METHYL CHLOROFORM.—Notwithstand-
    ing the termination of production  required by subsection (b),
    during the period beginning on January 1, 2002, and ending on
    January 1, 2005, the Administrator, after notice and opportuni-
    ty' for public comment, may, to  the extent such action is con-
    sistent with  the Montreal Protocol,  authorize the production of
    limited quantities of methyl chloroform solely for use in essen-
    tial applications (such  as nondestructive testing for metal fa-
    tigue and  corrosion of existing airplane engines and airplane
    parts susceptible to metal fatigue) for which no safe and effec-
    tive  substitute is available. Notwithstanding this  paragraph,
    the authority to produce methyl chloroform for use in medical
    devices shall be provided in accordance with paragraph (2).
      (2) MEDICAL DEVICES.—Notwithstanding  the  termination of
    production required by subsection (b), the Administrator, after
    notice and opportunity for public comment, shall, to the extent
    such action is  consistent with the Montreal Protocol, authorize
    the production of limited quantities of class I substances solely
    for use in  medical devices if such authorization is determined
    by the  Commissioner, in consultation with the Administrator,
    to be necessary for use  in medical devices.
      (3) AVIATION SAFETY.—(A) Notwithstanding the termination
    of production  required by subsection (b),  the  Administrator,
    after notice  and opportunity for  public comment, may, to the
    extent such action is consistent with the Montreal Protocol, au-
    thorize the production  of limited  quantities of halon-1211 (bro-
    mochlorodifluoromethane),  halon-1301 (bromotrifluoro- meth-
    ane), and halon-2402 (dibromotetrafluoroethane) solely for pur-
    poses of aviation  safety if the Administrator of the  Federal
    Aviation Administration, in consultation with the Administra-
    tor, determines that no safe and effective substitute has been
    developed and that such authorization is necessary for aviation
    safety purposes.
      (B) The  Administrator of the  Federal Aviation Administra-
    tion  shall, in  consultation with  the  Administrator, examine
    whether safe and effective substitutes  for methyl chloroform or
    alternative techniques will be available for nondestructive test-
    ing for  metal fatigue and corrosion of existing airplane engines
    and airplane parts susceptible to metal fatigue and whether an
    exception for such uses of methyl chloroform under this para-
    graph will be necessary for purposes of airline safety after Jan-
    uary 1, 2005  and provide a report  to Congress in 1998.
      (4) CAP  ON  CERTAIN  EXCEPTIONS.—Under no circumstances
    may  the authority set  forth in  paragraphs ill, (2\ and (3) of
    subsection (d> be applied to authorize  any person to  produce a
    class I substance in annual quantities greater than  10 percent
    of that  produced by such person during the baseline year.
   DKVKI.OPINC; OOUNTKIKS.—
      (U Ext'KiTiON.-  Notwithstanding  the phase-out and termina-
    tion of production required  under subsections (a) and (b),  the
    Administrator, alter notice and  opportunity for public com-

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397	CLEAN AIR ACT	Sec. 604

    ment, may, consistent with the Montreal Protocol, authorize
    the production of limited quantities of a class I substance in
    excess of the amounts otherwise allowable under subsection (a)
    or (b), or both, solely for export to, and use in, developing coun-
    tries that are Parties to the Montreal Protocol and are  operat-
    ing under article  5 of such Protocol. Any production authorized
    under this  paragraph shall be solely for purposes of satisfying
    the basic domestic needs of such countries.
      (2) CAP ON EXCEPTION.—(A) Under no circumstances may the
    authority set forth in paragraph (1) be applied to authorize any
    person to produce a class I substance in any year for which  a
    production  percentage  is specified in Table  2 of subsection (a)
    in an annual quantity greater than the specified percentage,
    plus an amount equal to  10 percent of the amount produced by
    such person in the baseline year.
      (B) Under no circumstances  may the authority set forth  in
    paragraph  (1) be  applied to authorize any person to produce  a
    class I substance  in the applicable termination year referred to
    in subsection (b),  or in any year thereafter, in an annual quan-
    tity greater than 15 percent of the baseline quantity of  such
    substance produced by such person.
      (C) An exception authorized under this subsection shall ter-
    minate  no   later  than January 1, 2010 (2012  in  the case  of
    methyl chloroform).
  (f) NATIONAL  SECURITY.—The President may, to the extent  such
action is consistent with the Montreal Protocol,  issue such orders
regarding production  and use of CFC-114 (chlorofluorocarbon-114),
halon-1211, halon-1301, and halon-2402, at  any specified site or fa-
cility or on any vessel as may be necessary to protect the national
security interests of the United States if the President  finds that
adequate substitutes are not available and  that the production and
use of such substance are necessary to protect such national securi-
ty interest.  Such orders may include, where necessary  to  protect
such interests,  an exemption from any prohibition or requirement
contained in this title.  The President shall notify the Congress
within 30 days  of the issuance of an  order under  this paragraph
providing for any such exemption. Such notification shall include a
statement of the reasons for the granting of the exemption. An ex-
emption under  this paragraph shall be for a specified period which
may not exceed one year. Additional exemptions may be granted,
each upon the President's issuance of a new order under this para-
graph.  Each such  additional exemption  shall be  for  a specified
period which may not exceed one year.  No exemption shall be
granted under  this paragraph due to  lack of appropriation unless
the President shall have specifically  requested such appropriation
as a  part of the budgetary  process and the Congress shall  have
failed to make available such requested appropriation.
  (g)  FIRE SUPPRESSION AND  EXPLOSION PREVENTION.—(1) Notwith-
standing the production phase-out set  forth in  subsection  (a), the
Administrator,  after  notice and  opportunity  for public comment,
may,  to the extent such action is consistent with the Montreal Pro-
tocol, authorize the production of limited quantities of halon-1211,
halon-lttOl, and halon-2402 in excess  of the amount otherwise per-

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 Sec. 605	CLEAN AIR ACT	398

 mitted pursuant to the schedule under subsection (a) solely for pur-
 poses of fire suppression or explosion prevention if the Administra-
 tor, in consultation with the Administrator  of  the United  States
 Fire Administration, determines that no safe and effective substi-
 tute has been  developed and that such authorization is necessary
 for fire suppression or explosion prevention purposes. The Adminis-
 trator shall not authorize production under this paragraph for pur-
 poses of fire safety  or explosion prevention training or testing of
 fire suppression or  explosion prevention  equipment. In  no event
 shall the Administrator grant an exception under this paragraph
 that permits production after December 31, 1999.
  (2) The Administrator shall periodically monitor and assess the
 status of efforts to obtain substitutes for the substances referred to
 in paragraph (1) for purposes of fire suppression or explosion pre-
 vention and the probability of such substitutes being available by
 December 31, 1999. The Administrator, as part of such assessment,
 shall consider any relevant assessments under the Montreal  Proto-
 col and  the actions of the Parties pursuant  to Article 2B  of the
 Montreal Protocol in identifying essential  uses and in permitting a
 level of production or consumption that is necessary to satisfy such
 uses for  which  no adequate alternatives are available after Decem-
 ber 31, 1999, The Administrator shall report to Congress the results
 of such assessment in 1994 and again in 1998.
  (3) Notwithstanding the termination of production set  forth  in
 subsection (b), the Administrator, after notice and opportunity for
 public comment, may, to the extent consistent  with the Montreal
 Protocol, authorize the production of limited quantities of halon-
 1211, halon-1301, and  halon-2402 in the period after December 31,
 1999, and before December 31, 2004, solely for purposes of fire sup-
 pression or  explosion prevention in association  with domestic pro-
duction of crude oil  and natural gas energy supplies on the  North
Slope of Alaska, if the Administrator,  in consultation with the Ad-
ministrator  of the United  States Fire Administration, determines
that no safe and effective  substitute has been developed and  that
such authorization is necessary for fire suppression and explosion
prevention purposes. The Administrator shall  not authorize produc-
 tion under the  paragraph  for purposes of fire safety or explosion
 prevention training  or testing of fire suppression or explosion pre-
vention equipment. In no event shall  the  Administrator authorize
 under this paragraph any person to produce any such halon in an
amount  greater than  3 percent of that produced  by such person
during the baseline year.
[42 U.S.C. 7671c}
SEC. 605.  PHASK-OUT OF PRODUCTION AND CONSUMPTION OF  CLASS II
          SUBSTANCES.
  (a) RESTRICTION OF USE OF CLASS II SUBSTANCES.—Effective Janu-
ary 1,  2015, it  shall be unlawful for any person to introduce into
 interstate commerce or use any class II substance unless such sub-
stance—
      (1) has been used, recovered, and recycled;
      (2) is  used and  entirely  consumed (except for trace quanti-
    ties) in the production of other chemicals;  or

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399	CLEAN AIR ACT	See. 605

      (3) is used as a refrigerant in appliances manufactured prior
    to January 1, 2020.
As used in this subsection, the term "refrigerant" means any class
II substance used for heat transfer in a refrigerating system.
  (b)  PRODUCTION PHASE-OUT.—(1) Effective  January  1,  2015, it
shall be unlawful for any person to produce any class II substance
in an annual quantity greater than the quantity of such substance
produced by such person during the baseline year.
  (2) Effective January  1, 2030, it shall be unlawful for  any person
to produce any class II substance.
  (c) REGULATIONS  REGARDING PRODUCTION AND  CONSUMPTION OF
CLASS II SUBSTANCES.—By December 31, 1999, the Administrator
shall  promulgate regulations phasing out the production, and re-
stricting the use, of class II substances in accordance with this  sec-
tion, subject  to  any  acceleration  of the phase-out of  production
under section 606. The Administrator shall also promulgate regula-
tions to insure that the consumption of class II substances in  the
United States is  phased out and terminated in accordance with the
same schedule (subject to the same exceptions and other provisions)
as is applicable to the phase-out and termination  of production of
class II substances under this title.
  (d) EXCEPTIONS.—
      (1) MEDICAL DEVICES.—
          (A)  IN GENERAL.—Notwithstanding the  termination of
        production  required under subsection (b)(2) and  the restric-
        tion on use referred to in subsection (a), the Administrator,
        after notice and opportunity for public comment, shall, to
        the extent such action is consistent with the Montreal Pro-
        tocol, authorize the production  and use of limited quanti-
        ties of class II substances solely for purposes of use in med-
        ical devices if  such authorization  is determined by  the
        Commissioner,  in consultation with the Administrator, to
        be necessary for use in medical devices.
          (B) CAP  ON EXCEPTION.—Under  no circumstances may
        the authority set forth in subparagraph (A) be applied to
        authorize any person to produce a class II  substance in
        annual quantities greater than 10 percent of that produced
        by such person during the baseline year.
      (2) DEVELOPING COUNTRIES.—
          (A) IN GENERAL.—Notwithstanding the provisions of sub-
        section (a)  or (b), the Administrator,  after notice  and  op-
        portunity for public comment, may authorize the produc-
        tion of limited quantities of a class II substance in excess
        of the quantities otherwise permitted under such  provi-
        sions solely for  export to and use in developing countries
        that are  Parties to the Montreal Protocol, as determined
        by the Administrator. Any production authorized  under
        this subsection shall be solely for purposes of satisfying the
        basic domestic needs of such countries.
          (B) CAP ON EXCEPTION.—
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 Sec. 606	CLEAN  AIR ACT	400

        and before the year 2030 in annual quantities greater than
        110 percent of the quantity of such substance produced by
        such person during the baseline year.
          (ii) Under no circumstances may the authority set forth
        in subparagraph  (A) be applied to authorize any person to
        produce a class II substance in the year 2030, or any year
        thereafter, in an annual quantity greater than  15 percent
        of the quantity of such substance produced by such person
        during the baseline year.
          (iii) Each  exception  authorized under  this  paragraph
        shall terminate no later than January 1, 2040.
[42 U.S.C. 7671d]
SEC. 606. ACCELERATED SCHEDULE.
  (a)  IN GENERAL.—The  Administrator shall promulgate  regula-
tions, after notice and opportunity for public comment, which es-
tablish a schedule for phasing out the  production and consumption
of class I and class II substances (or use of class II substances) that
is more stringent than set forth in section 604 or 605, or both, if—
      (1) based on an assessment of credible current scientific in-
    formation (including any assessment under the Montreal Pro-
    tocol)  regarding  harmful  effects  on  the stratospheric ozone
    layer associated with a class I or class II substance, the Admin-
    istrator determines that such more stringent schedule may be
    necessary to  protect  human  health  and  the  environment
    against such effects,
      (2) based  on the availability of substitutes for listed sub-
    stances, the Administrator determines that such more strin-
    gent schedule is practicable, taking into account technological
    achievability, safety, and other relevant factors, or
      (3) the Montreal Protocol is modified to include a schedule to
    control or reduce production, consumption, or  use of any sub-
    stance more rapidly  than  the applicable  schedule under  this
    title.
In making any determination under paragraphs (1) and (2), the Ad-
ministrator shall consider the status of the period remaining under
the applicable schedule under this title.
  (b) PETITION.—Any person may petition the Administrator to pro-
mulgate regulations under this  section. The  Administrator shall
grant or deny the petition within 180 days  after receipt of any such
petition. If the  Administrator denies the petition, the Administra-
tor shall publish an explanation of why the petition was denied. If
the Administrator grants such petition, such final regulations shall
be promulgated  within 1  year. Any petition under this  subsection
shall  include a showing by the petitioner that there  are data ade-
quate to support the petition. If the Administrator determines that
information is not sufficient to make a determination under  this
subsection, the  Administrator shall use any authority available to
the Administrator, under any law administered by the Administra-
tor, to acquire such information.
[42U.S.C. 767 lei

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401	CLEAN AIR ACT	Sec. 608

SEC. 607. EXCHANGE AUTHORITY.
  (a) TRANSFERS.—The Administrator shall, within 10 months after
the enactment of the Clean Air Act Amendments of 1990, promul-
gate rules under this title providing for the issuance of allowances
for the production of class I and II substances in accordance with
the requirements of this title and governing the transfer of such
allowances. Such rules shall insure that the transactions under the
authority of this section will result in greater total reductions in
the production in each year of class I  and  class II substances than
would  occur in that year in the absence of such transactions.
  (b) INTERPOLLUTANT TRANSFERS.—(1)  The rules under this section
shall permit a production allowance for a substance for any year to
be transferred for a production allowance for another substance for
the same year on an ozone depletion weighted basis.
  (2) Allowances for substances in each group of class I substances
(as listed pursuant  to section 602) may only  be transferred for al-
lowances for other substances in the same Group.
  (3) The Administrator shall, as appropriate, establish groups of
class II substances for trading  purposes  and assign class II sub-
stances to such  groups. In  the case of class  II substances,  allow-
ances may only  be transferred for allowances for other class II sub-
stances that are in the same Group.
  (c) TRADES  WITH  OTHER PERSONS.—The rules under this section
shall permit  2 or more persons to transfer production allowances
(including interpollutant transfers which meet the requirements of
subsections (a) and  (b)) if the transferor of such allowances will be
subject, under such rules, to an enforceable and quantifiable reduc-
tion in annual production which—
      (1) exceeds the reduction  otherwise  applicable to  the  trans-
    feror under  this title,
      (2) exceeds  the production allowances transferred  to  the
    transferee, and
      (3) would  not have occurred in the absence of such transac-
    tion.
  (d) CONSUMPTION.—The  rules  under this section shall also pro-
vide for the issuance of consumption allowances in accordance with
the requirements of this title and for the trading  of such  allow-
ances in the same manner as is applicable under this section  to the
trading of production allowances under this section.
[42 U.S.C. 767 lf|
SEC. 608. NATIONAL RECYCLING AND EMISSION REDUCTION PROGRAM.
  (a) IN GENERAL.—(1) The Administrator  shall, by  not  later than
January 1, 1992, promulgate regulations establishing standards  and
requirements regarding the use and disposal  of class I substances
during the service,  repair, or disposal  of appliances  and industrial
process refrigeration.  Such standards  and  requirements  shall
become effective not later than July 1,  1992.
  (2) The Administrator shall, within  4 years after  the enactment
of the  Clean Air Act Amendments of 1990, promulgate regulations
establishing standards and requirements regarding use and dispos-
al of class I and II substances not covered by paragraph (1), includ-
ing the use  and disposal  of class  II substances during service,
repair, or disposal  of appliances and  industrial process  refrigera-

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 Sec. 609	CLEAN AIR ACT	404

    gram such as the training and certification program of the
    Mobile Air Conditioning Society (MACS).
  (c) SERVICING MOTOR VEHICLE AIR CONDITIONERS.—Effective Jan-
 uary  1, 1992, no person repairing or servicing motor vehicles  for
 consideration may perform any service on a motor vehicle air con-
 ditioner involving the refrigerant for such air conditioner without
 properly using approved refrigerant recycling  equipment and  no
 such person may perform such service unless such person has been
 properly trained and  certified. The requirements of the previous
 sentence shall not apply until January  1, 1993 in the case of a
 person repairing or servicing motor vehicles for consideration at an
 entity which performed service on fewer than 100 motor vehicle  air
 conditioners during calendar year 1990 and if such person so certi-
 fies, pursuant to subsection (dX2), to the Administrator  by Janu-
 ary 1, 1992.
  (d) CERTIFICATION.—(1) Effective 2 years after the enactment of
 the Clean Air Act Amendments of 1990, each  person performing
 service  on motor  vehicle air  conditioners for consideration shall
 certify to the Administrator either—
      (A) that such person has acquired, and is  properly using, ap-
    proved refrigerant recycling equipment in service on motor  ve-
    hicle air conditioners involving refrigerant and that each indi-
    vidual authorized by such  person  to perform  such  service is
    properly trained and certified; or
      (B) that such person is performing such service at an entity
    which serviced fewer than  100 motor vehicle air conditioners
    in 1991.
  (2) Effective January  1, 1993, each  person who  certified under
 paragraph  (1XB)  shall  submit a  certification under  paragraph
(1XA).
  (3)  Each certification under  this subsection  shall contain the
name and address of the  person  certifying  under  this subsection
and the serial number of each unit of approved  recycling equip-
ment acquired by  such person and shall be signed and attested  by
the owner or another responsible officer. Certifications under para-
graph (1XA) may be made by  submitting the required information
to the Administrator on a standard form provided by the manufac-
turer of certified refrigerant recycling equipment.
  (e) SMALL CONTAINERS OF CLASS I OR CLASS II SUBSTANCES.—Effec-
 tive 2 years after  the  date of the enactment of the Clean Air Act
 Amendments of 1990, it shall be unlawful for any person to sell or
 distribute, or offer for sale or distribution, in interstate commerce
 to any person (other than a person performing service for consider-
 ation  on motor vehicle air-conditioning  systems in compliance with
 this section) any class I or class II substance that is suitable for use
 as a refrigerant in a motor vehicle air-conditioning system and that
 is in a container which contains less than 20 pounds of such refrig-
 erant.
 [42U.S.C. 7K71H]

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405	CLEAN AIR ACT	Sec. 610

SEC. 610. NONESSENTIAL PRODUCTS CONTAINING CHLOROFLUOROCAR-
           BONS.
  (a) REGULATIONS.—The Administrator shall promulgate regula-
tions to carry out the  requirements  of this section within 1 year
after the enactment of the Clean Air Act Amendments of 1990.
  (b) NONESSENTIAL PRODUCTS.—The regulations under this section
shall identify nonessential products that release class 1 substances
into the environment (including any release occurring during man-
ufacture, use, storage,  or disposal) and  prohibit any  person  from
selling or distributing any such product, or offering any such  prod-
uct for sale or distribution, in interstate commerce. At a  minimum,
such prohibition shall apply to—
      (1) chlorofluorocarbon-propelled plastic party streamers and
    noise horns,
      (2) chlorofluorocarbon-containing cleaning fluids for noncom-
    mercial electronic and photographic equipment, and
      (3) other consumer products that are determined by the Ad-
    ministrator—
          (A)  to release class  I substances  into the environment
        (including any release  occurring during manufacture, use,
        storage, or disposal), and
          (B) to be nonessential.
In determining whether a product is  nonessential,  the Administra-
tor shall consider the  purpose  or intended use of the product, the
technological availability of substitutes for  such  product and  for
such class I substance, safety, health,  and other relevant factors.
  (c) EFFECTIVE DATE.—Effective 24 months after the enactment of
the Clean  Air  Act Amendments of 1990,  it shall  be unlawful  for
any person to sell or distribute, or offer for sale or distribution, in
interstate commerce any nonessential product to which regulations
under subsection (a) implementing subsection (b) are applicable.
  (d) OTHER PRODUCTS.—(1) Effective January 1,  1994, it shall be
unlawful for any person to sell  or distribute, or offer for sale or dis-
tribution, in interstate commerce—
      (A) any aerosol product or other pressurized  dispenser which
    contains a class II substance; or
      (B) any plastic  foam product which  contains, or is manufac-
    tured with, a class II substance.
  (2) The Administrator is authorized to grant exceptions from the
prohibition under subparagraph (A) of paragraph (1) where—
      (A) the use of the aerosol product or pressurized dispenser is
    determined by the  Administrator to be essential  as a result of
    flammability or worker safety concerns, and
      (B) the  only available alternative to  use of a class II sub-
    stance is use of a class  I substance which legally could be sub-
    stituted for such class II substance.
  (3) Subparagraph (B) of paragraph (1) shall not apply to—
      (A) a foam insulation  product, or
      (B) an integral  skin, rigid, or semi-rigid foam utilized to pro-
    vide for motor vehicle safety in accordance with Federal Motor
    Vehicle Safety Standards  where no adequate substitute sub-
    stance (other than a class I or class II  substance) is practicable
    for effectively meeting such Standards.

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Sec. 611	CLEAN AIR ACT	406

  (e) MEDICAL DEVICES.—Nothing in this section shall apply to any
medical device as defined in section 601(8).
(42 U.S.C. 767 li)
SEC. 611. LABELING.
  (a) REGULATIONS.—The  Administrator shall promulgate regula-
tions to implement the labeling requirements of this section within
18 months after enactment of the Clean Air Act Amendments of
1990, after notice and opportunity for public comment.
  (b) CONTAINERS CONTAINING CLASS I OR CLASS II SUBSTANCES AND
PRODUCTS CONTAINING CLASS I SUBSTANCES.—Effective 30 months
after the enactment of the Clean Air Act Amendments of 1990, no
container in which a class I or class II substance is stored or trans-
ported, and no product containing a class  I substance, shall be in-
troduced into interstate commerce unless it bears a clearly legible
and conspicuous label stating:
      "Warning: Contains  [insert name of substance], a substance
    which harms  public  health  and environment by destroying
    ozone in the upper atmosphere".
  (c) PRODUCTS  CONTAINING  CLASS II SUBSTANCES.—(1)  After 30
months  after the enactment of the Clean Air Act Amendments of
1990, and before January  1, 2015, no product containing a class II
substance shall  be introduced into interstate commerce unless it
bears the label referred to in subsection (b) if the Administrator de-
termines, after notice and opportunity for  public comment, that
there are substitute products or manufacturing processes (A) that
do not rely on the use of such class II substance, (B) that reduce
the overall risk to human health and the environment, and (C) that
are currently or  potentially available.
  (2) Effective January 1,  2015, the requirements of subsection (b)
shall apply to all products  containing a class II substance.
  (d) PRODUCTS MANUFACTURED  WITH CLASS  I AND CLASS II SUB-
STANCES.—(1) In  the  case of a class II substance, after 30 months
after the enactment of the Clean Air Act Amendments of 1990, and
before January 1,  2015, if the Administrator, after notice and op-
portunity for public comment, makes the determination referred to
in subsection  (c) with respect to a product  manufactured  with a
process that uses such class II substance, no such product shall be
introduced into interstate  commerce  unless it bears a clearly  legi-
ble and conspicuous label stating:
      "Warning: Manufactured with [insert  name of substance], a
    substance which harms public health  and environment  by de-
    stroying ozone in the upper atmosphere"
  (2) In the case of a class I substance, effective 30 months after
the enactment of the Clean Air Act Amendments of 1990, and
before January 1, 2015, the labeling requirements of this subsection
shall apply to all products manufactured with a process that  uses
such class I substance unless the Administrator determines  that
there are no substitute products or manufacturing processes  that
(A) do not rely on  the use of such class I substance, (B) reduce the
overall risk to human health  and the environment, and (C) are cur-
rently or potentially available.
  (e) PETITIONS.—(1) Any person may, at any  time after 18 months
after the enactment of the Clean Air Act Amendments of 1990, pe-

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407	CLEAN AIR ACT	Sec. 612

tition the Administrator to apply the requirements of this section
to a product containing a class II  substance or a product manufac-
tured with a class I or II substance which is not otherwise subject
to such requirements. Within 180 days after receiving such peti-
tion, the Administrator shall, pursuant to the criteria set forth in
subsection (c), either propose to apply the requirements of this sec-
tion to such  product  or publish  an  explanation  of the petition
denial. If the Administrator proposes to apply such requirements to
such product, the Administrator shall, by rule, render a final deter-
mination  pursuant to such criteria within 1 year after receiving
such petition.
  (2) Any petition under this  paragaph shall include a showing by
the petitioner that there are data on the product adequate to sup-
port the petition.
  (3) If the Administrator determines that information on the prod-
uct is  not sufficient to make the required determination the Ad-
ministrator shall use any authority available to the Administrator
under  any law administered by the Administrator  to acquire such
information.
  (4) In the case  of a product determined by the Administrator,
upon petition  or on the Administrator's own motion, to be subject
to the  requirements of this section, the Administrator shall estab-
lish an effective date for such requirements. The effective date
shall be 1 year after such determination or 30 months after the en-
actment of  the Clean  Air Act Amendments of 1990, whichever is
later.
  (5) Effective January 1, 2015, the labeling requirements of this
subsection shall apply  to all products manufactured with a process
that uses a class I or class II substance.
  (f) RELATIONSHIP TO  OTHER  LAW.—(1) The  labeling requirements
of this section shall not  constitute,  in whole or part,  a  defense to
liability or a cause for reduction in damages in any suit, whether
civil or criminal, brought under any law, whether Federal or State,
other than a suit  for failure  to comply with the labeling require-
ments of this section.
  (2) No other approval of such label by the Administrator under
any other law administered by the Administrator shall be required
with respect to the labeling requirements of this section.
[42 U.S.C. 7(i71j]
SEC. 612. SAFE ALTERNATIVES POLICY.
  (a) POLICY.—To  the maximum  extent  practicable,  class  I and
class II substances shall be replaced by chemicals, product substi-
tutes, or alternative manufacturing processes that reduce overall
risks to human health  and the environment.
  (b) REVIEWS AND REPORTS.—The Administrator shall—
      (1) in  consultation and coordination with interested members
    of  the public and  the heads of relevant Federal agencies and
    departments, recommend  Federal research programs and other
    activities to assist in identifying alternatives  to the use of class
    I and class  II substances as refrigerants, solvents,  fire retar-
    dants, foam blowing agents, and other commercial applications
    and in achieving a transition  to such alternatives, and, where
    appropriate, seek to  maximize the use of Federal research fa-

-------
 Sec. 612	CLEAN AIR ACT	408

    cilities and resources to assist users of class I and class II sub-
    stances in identifying and developing alternatives to the use of
    such substances as refrigerants, solvents, fire retardants, foam
    blowing agents, and other commercial applications;
      (2) examine in consultation and coordination with the Secre-
    tary of Defense and the heads of other relevant Federal agen-
    cies and  departments,  including the General Services Adminis-
    tration, Federal procurement practices with respect to class I
    and class II substances and recommend measures  to  promote
    the transition by the Federal Government, as expeditiously as
    possible,  to the use of safe substitutes;
      (3) specify initiatives, including appropriate intergovernmen-
    tal, international,  and commercial information and technology
    transfers, to promote the development and use of  safe substi-
    tutes for class I and class II substances,  including alternative
    chemicals, product substitutes, and alternative manufacturing
    processes; and
      (4) maintain a public clearinghouse of alternative chemicals,
    product substitutes, and  alternative manufacturing processes
    that are available for products and manufacturing processes
    which use class I and class II substances.
  (c) ALTERNATIVES FOR CLASS I OR II SUBSTANCES.—Within 2 years
after enactment of the Clean Air Act Amendments of 1990, the Ad-
ministrator  shall  promulgate  rules under this section providing
that it shall be unlawful to replace any class I or class II substance
with any substitute substance which the Administrator determines
may present  adverse effects to human health or the environment,
where the Administrator has identified an alternative  to  such re-
placement that—
      (1) reduces the overall risk to human health and the environ-
    ment; and
      (2) is currently or potentially available.
The Administrator shall publish a list of (A) the substitutes prohib-
ited under this subsection for specific uses and (B) the safe alterna-
tives identified under this subsection for specific uses.
  (d) RIGHT To  PETITION.—Any person may petition the Adminis-
trator  to add a substance to the lists under  subsection (c) or to
remove a substance  from  either of such lists. The Administrator
shall grant or deny the petition within 90 days after receipt of any
such petition. If the Administrator  denies the petition, the Admin-
istrator  shall publish  an  explanation  of why  the petition  was
denied. If the Administrator grants such petition the Administra-
tor shall publish such  revised list within 6 months thereafter. Any
petition under this subsection shall include a showing by the peti-
tioner that there are data on the substance adequate to support  the
petition. If the Administrator determines that information on  the
substance is not sufficient to make a determination under this sub-
section, the Administrator  shall use any authority available to  the
Administrator, under any  law administered by the Administrator,
to acquire such information.
  (e) STUDIES AND  NOTIFICATION.—The Administrator shall require
any person who produces  a chemical  substitute for a class  I sub-
stance to provide the Administrator with such  person's  unpub-

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409
CLEAN AIR ACT
Sec. 614
tished health and safety studies on such substitute and require pro-
ducers to notify the Administrator not less than 90 days before new
or existing chemicals are introduced into interstate commerce for
significant new uses as substitutes for a class I substance. This sub-
section shall be subject to section 114(c).
(42 U.S.C. 7671k]
SEC. 613. FEDERAL PROCUREMENT.
  Not later than 18 months after the enactment of the Clean Air
Act Amendments of 1990, the Administrator, in consultation with
the Administrator of the General Services Administration  and the
Secretary of Defense, shall  promulgate regulations requiring each
department, agency, and  instrumentality of the United States  to
conform its  procurement regulations to the  policies and  require-
ments of this title and to maximize the substitution of safe  alterna-
tives identified under section 612 for class I and class II substances.
Not later than 30 months after the enactment of the Clean Air Act
Amendments of 1990, each department, agency, and instrumentali-
ty of the United States shall so conform its procurement regula-
tions and certify to the  President that its  regulations have been
modified in accordance with this section.
[42 U.S.C. 76711]
SEC. 614. RELATIONSHIP TO OTHER LAWS.
  (a) STATE LAWS.—Notwithstanding section  116, during the 2-year
period  beginning on the enactment  of the Clean Air  Act  Amend-
ments  of 1990, no State or  local government may enforce any re-
quirement concerning the design of any new or recalled appliance
for the purpose of protecting the stratospheric ozone layer.
  (b) MONTREAL PROTOCOL.—This title as added by  the Clean Air
Act Amendments of 1990 shall  be construed, interpreted,  and ap-
plied as a supplement to the terms and conditions of the Montreal
Protocol, as  provided  in Article  2, paragraph 11 thereof, and shall
not be construed, interpreted, or applied to abrogate the responsi-
bilities or obligations of the United  States to implement fully the
provisions of the Montreal Protocol. In the case of conflict between
any provision  of this title and any provision of the Montreal Proto-
col, the more stringent provision shall govern. Nothing in this title
shall be construed, interpreted, or applied to affect the authority or
responsibility  of the Administrator to implement Article 4 of the
Montreal Protocol with other appropriate agencies.
  (c) TECHNOLOGY  EXPORT  AND  OVERSEAS INVESTMENT.—Upon en-
actment of this title, the President shall—
      (1) prohibit the export of technologies  used to produce a class
    I substance;
      (2) prohibit direct  or  indirect  investments by any person  in
    facilities designed to produce a class I or class II substance in
    nations that are not parties to the Montreal Protocol; and
      (3) direct that no agency of the government provide bilateral
    or multilateral  subsidies, aids, credits, guarantees, or insurance
    programs, for the purpose of producing  any class I substance.
[42 U.S.C. 7671m]

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 Sec. 615	CLEAN AIR ACT	410

 SEC. 615. AUTHORITY OF ADMINISTRATOR.
  If,  in the Administrator's judgment,  any substance, practice,
 process, or activity may reasonably be anticipated  to  affect the
 stratosphere, especially ozone in the stratosphere,  and such effect
 may  reasonably be anticipated  to endanger public health or wel-
 fare,  the Administrator shall promptly promulgate regulations re-
 specting the control of such substance, practice, process, or activity,
 and shall submit notice  of the proposal and promulgation of such
 regulation to the Congress.
 [42 U.S.C. 7671n]
 SEC. 616. TRANSFERS AMONG PARTIES TO MONTREAL PROTOCOL.
  (a)  IN GENERAL.—Consistent  with the  Montreal  Protocol, the
 United States may engage in transfers with other Parties to the
 Protocol under the following conditions:
      (1) The United States may transfer production  allowances to
    another Party if, at the time of such transfer, the Administra-
    tor establishes  revised production limits for the United States
    such that the aggregate national United States production per-
    mitted under the revised production limits equals the lesser of
    (A) the maximum production level permitted for the substance
    or substances concerned in the transfer year under  the Proto-
    col minus the production allowances transferred,  (B) the maxi-
    mum production level permitted  for  the  substance  or sub-
    stances concerned in the transfer year under applicable domes-
    tic law minus the production allowances transferred, or (C) the
    average of the actual  national  production level of the sub-
    stance or substances concerned  for the 3 years  prior to the
    transfer minus  the production allowances transferred.
      (2) The United  States  may acquire production allowances
    from another Party if, at the time of such transfer, the Admin-
    istrator finds that the other Party has  revised its  domestic pro-
    duction limits in the same manner as  provided with respect to
    transfers by the United States in subsection (a).
  (b) EFFECT OF TRANSFERS ON PRODUCTION LIMITS.—The Adminis-
trator is authorized to  reduce  the production limits established
under this Act  as  required as  a  prerequisite to  transfers under
paragraph  (1) of subsection (a) or to increase production limits es-
tablished under  this Act to reflect production allowances acquired
under a transfer under paragraph (2) of subsection (a).
  (c) REGULATIONS.—The Administrator shall promulgate, within 2
years after the  date of enactment of the Clean Air  Act Amend-
ments of 1990, regulations to implement this section.
  (d) DEFINITION.—In the case of the United States, the term "ap-
plicable domestic law" means this Act.
[42 U.S.C. 7671o]
SEC. 617. INTERNATIONAL COOPERATION.
  (a)  IN GENERAL.—The President shall  undertake to enter into
international agreements to foster cooperative research which com-
plements studies and  research authorized  by this title, and to de-
velop standards and  regulations  which protect the  stratosphere
consistent  with  regulations applicable within the United States.
 For these purposes the President through the Secretary of State
1

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411	CLEAN  AIR ACT	Sec. 618

and the Assistant Secretary of State for Oceans and International
Environmental and Scientific Affairs, shall negotiate multilateral
treaties, conventions, resolutions, or other agreements, and formu-
late, present, or support proposals at the United Nations and other
appropriate international forums and shall report to the Congress
periodically on efforts to arrive at such agreements.
  (b) ASSISTANCE TO DEVELOPING COUNTRIES.—The Administrator,
in consultation with the Secretary of State, shall support global
participation in the Montreal Protocol by providing technical and
financial assistance to developing countries that are Parties to the
Montreal  Protocol  and operating under article 5 of the Protocol.
There are authorized to be appropriated not more than $30,000,000
to carry out this section in fiscal years  1991,  1992 and 1993 and
such sums as may be necessary in fiscal  years 1994 and 1995. If
China  and India become Parties to the Montreal  Protocol,  there
are authorized  to  be  appropriated not more than an additional
$30,000,000 to carry out this section in fiscal years  1991, 1992, and
1993.
[42U.S.C. 7671p]
SEC. 618. MISCELLANEOUS PROVISIONS.
  For purposes of section 116, requirements concerning the  areas
addressed by this title for the protection of the stratosphere against
ozone layer depletion shall be treated as requirements for the con-
trol and abatement of air pollution. For purposes of section 118, the
requirements of this title and corresponding State, interstate, and
local  requirements, administrative authority,   and process, and
sanctions respecting the protection of the stratospheric ozone layer
shall be treated as requirements for the control and abatement of
air pollution within the meaning of section 118.
[42 U.S.C. 7671p]

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                        APPENDIX A
PROVISIONS OF THE CLEAN AIR ACT  AMENDMENTS  OF
  1977 (PUBLIC  LAW  95-95)  THAT DID  NOT AMEND THE
  CLEAN AIR ACT
                          TRAINING
  SEC. 101. (a) '
  (c) The Administrator of the Environmental Protection Agency
shall consult with the House Committee on Science and Technology
on the environmental and atmospheric research, development, and
demonstration aspects  of this Act.  In  addition,  the  reports and
studies required by this Act that relate to research, development,
and demonstration, issues shall be transmitted to the Committee on
Science and Technology at the same time they are made available
to other committees of the Congress.
        COMPLIANCE ORDERS (INCLUDING COAL CONVERSION)

  SEC. 112. (a) * * *
  (bXD Section 119 of such Act is hereby repealed. All references to
such section 119 or subsections thereof in section 2 of the Energy
Supply and Environmental Coordination Act of 1974  (Public Law
93-319) or any amendment thereto, or any subsequent enactment
which supersedes such Act, shall be construed to refer  to section
113(d) of the Clean Air Act and to paragraph (5) thereof in particu-
lar. Any certification or notification required to be given by the Ad-
ministrator of the Environmental Protection Agency under section
2 of the  Energy Supply  and Environmental Coordination  Act of
1974 or any  amendment thereto, or  any subsequent enactment
which supersedes such Act, shall be given only when the Governor
of the State in which  is located the source to which the proposed
order under section 113(dX5) of the Clean Air Act  is  to be issued
gives his prior written concurrence.
  (2) In the case of any major  stationary source to which any re-
quirement is  applicable under section 113
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413	APPENDIX A—CLEAN AIR ACT	Sec. 127

sedes such Act, the Administrator of the Environmental Protection
Agency shall certify the date which he  determines is the earliest
date that such source will be able to comply with all such require-
ments. In the case of any plant or installation which the Adminis-
trator of the Environmental Protection  Agency determines (after
consultation with the State) will not be  subject to an order under
section 113(d) of the Clean  Air Act and for which certification is
required under section 2 of  the Energy Supply and Environmental
Coordination Act of 1974 or any amendment thereto, or any subse-
quent enactment which supersedes such Act, the Administrator of
the Environmental Protection Agency  shall certify the date which
he determines is the earliest  date that  such plant or installation
will be able to burn coal in compliance with all applicable emission
limitations under the implementation plan.
  (3)  Any certification required  under  section  2 of the Energy
Supply and Environmental Coordination  Act of 1974 or any amend-
ment thereto, or any subsequent enactment which supersedes such
Act,  or under this subsection  may be  provided in an order under
section 113(d) of the Clean Air Act.
                   UNREGULATED POLLUTANTS

  SEC. 120. (a) *  *  '
       *******
  (b) The Administrator of the  Environmental Protection Agency
shall conduct a study, in conjunction with other appropriate agen-
cies, concerning the effect on the public health and welfare of sul-
fates, radioactive pollutants, cadmium, arsenic, and polycyclic or-
ganic matter which are present or may reasonably be anticipated
to occur in the ambient air. Such study shall  include a thorough
investigation of how sulfates are formed and how to protect public
health and welfare from the injurious effects, if any, of sulfates,
cadmium, arsenic,  and polycyclic organic matter.
            PREVENTION OF SIGNIFICANT DETERIORATION

  SEC. 127. (a) *  *  *
  (b) Within  one year from the date of enactment of this Act the
Administrator shall report to the Congress on the consequences of
that portion of the definition of "major emitting facility" under the
amendment made by  subsection (a) which applies to facilities with
the potential to  emit  two hundred and fifty tons per year or more.
Such study shall  examine  the  type of facilities covered, the air
quality benefits  of including such facilities, and the administrative
aspect of regulating such facilities.
  (c) Not later than one year after the date of enactment of this
Act, the Administrator shall publish a guidance document to assist
the States in carrying out their functions  under part C  of title I of
the Clean Air Act (relating to prevention of significant deteriora-

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Sec. 129
APPENDIX A—CLEAN. AIR ACT
414
tion of air quality)  with respect to pollutants, other than sulfur
oxides and  particulates, for which national  ambient air quality
standards are promulgated. Such guidance document shall include
recommended strategies for controlling photochemical oxidants on
a regional or multistate basis for the purpose of implementing part
C and section 110 of such Act.
  (d) Not later than two years after the date of enactment of this
Act, the Administrator shall complete a study and report to the
Congress on the progress made in carrying out part C of title I of
the Clean Air Act (relating to significant deterioration of air qual-
ity) and the problems associated with carrying out such section, in-
cluding recommendations for legislative changes necessary to im-
plement strategies for controlling photochemical oxidants on  a re-
gional or multistate basis.
                     NONATTAINMENT AREAS

  SEC. 129. (aXD Before July 1, 1979, the interpretative regulation
of the Administrator of the Environmental Protection Agency pub-
lished in 41 Federal Register 55524-30, December 21, 1976, as may
be modified by rule of the Administrator,  shall apply except that
the baseline to be used for determination  of appropriate emission
offsets under such regulation shall be the applicable implementa-
tion plan of the  State in effect  at  the  time  of application for a
permit by a proposed major stationary source  (within the meaning
of section 302 of the Clean Air Act).
  (2)  Before July 1, 1979, the requirements of the regulation  re-
ferred to in paragraph (I) shall  be waived by  the Administrator
with respect to any pollutant if he determines that  the State has—
      (A) an inventory of emissions of the  applicable pollutant for
    each nonattainment area (as  defined  in  section 171  of the
    Clean Air Act) that identifies the type, quantity, and source of
    such pollutant so as to provide information sufficient to dem-
    onstrate that the requirements of subparagraph (C) are being
    met;
      (B) an enforceable permit program  which—
          (i) requires new or modified major stationary sources to
        meet emission limitations at least as stringent as required
        under the permit requirements  referred to in paragraphs
        (2) and (3) of section 173 of the Clean Air  Act (relating to
        lowest achievable emission rate and compliance by other
        sources) and which assures compliance with the annual  re-
        duction requirements of subparagraph (C); and
          (ii) requires existing sources to achieve such reduction in
        emissions in the area as  may  be obtained through the
        adoption, at  a  minimum of reasonably available control
        technology, and
      (C) a program  which  requires reductions in  total allowable
    emissions in the area prior to July 1, 1979, so as to provide for
    the same  level  of emission reduction as would  result from the
    application of the regulation referred to in paragraph (1).

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415	APPENDIX A—CLEAN AIR ACT	Sec. 203

The Administrator shall terminate such waiver if in his judgment
the reduction in emissions actually being attained is less than the
reduction on  which the waiver was  conditioned pursuant  to sub-
paragraph (C), or if the Administrator determines that the State is
no longer in compliance with any requirement of this paragraph.
Upon application by the State, the Administrator may reinstate a
waiver terminated  under the preceding  sentence if he is satisfied
that such State is in compliance with all requirements of this sub-
section.
   (3) Operating permits may be issued  to those applicants who
were properly granted construction permits, in accordance with the
law and applicable regulations in effect at the  time granted, for
construction of a new or modified source in areas exceeding  nation-
al primary air quality standards on or before the date of the enact-
ment of this Act if  such construction  permits were granted prior to
the date of the enactment of this Act and the person issued any
such permit is able to demonstrate  that the emissions from  the
source will be within the limitations  set  forth in  such construction
permit.
       *******
   (C)  Notwithstanding the  requirements  of section  406(d)(2) (relat-
ing to date required for submission of certain implementation plan
revisions),  for purposes  of section  110(a)(2) of the  Clean Air  Act
each State in which there is any nonattainment area (as defined in
part D of title I of the Clean Air Act) shall adopt and submit an
implementation plan revision which meets the requirements of sec-
tion 110(a)(2)(I) and part D of title I of the Clean Air Act not later
than January 1,  1979. In the case  of any State  for  which  a plan
revision  adopted and  submitted  before  such date has made  the
demonstration required under section 172(aX2) of the Clean Air Act
(respecting  impossibility of attainment  before  1983), such State
shall adopt and submit to the Administrator a plan revision before
July 1, 1982, which meets  the requirements of section 172 (b) and
(c) of such Act.
     STUDIES AND RESEARCH OBJECTIVES FOR OXIDES OF NITROGEN

  SEC. 202. (a) The Administrator of the Environmental Protection
Agency shall conduct a study of the public health implications of
attaining an emission standard on  oxides of nitrogen from light
duty vehicles of 0.4 gram  per vehicle mile, the cost and technologi-
cal capability of attaining such  standard, and the need for such a
standard to protect public  health or welfare.  The Administrator
shall submit a  report of such study to the Congress, together with
recommendations not later than July 1, 1980.
             STUDY AND REPORT OF FUEL CONSUMPTION

  SEC. 203. Following each motor vehicle model year, the Adminis-
trator of the Environmental Protection Agency shall report to the
Congress respecting the motor vehicle fuel consumption associated

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 Sec. 226
APPENDIX A—CLEAN AIR ACT
416
with the standards applicable for the immediately preceding model
year.
     CARBON MONOXIDE INTRUSION INTO SUSTAINED USE VEHICLES

  SEC. 226. (a) The Administrator, in conjunction with the Secre-
tary of Transportation, shall study the problem of carbon monoxide
intrusion  into the passenger area of  sustained-use motor vehicles.
Such study shall include an analysis of the sources and levels of
carbon monoxide in the  passenger area of such vehicles and a de-
termination of the effects of carbon monoxide upon the passengers.
The study shall also  review  available methods of monitoring and
testing for the presence of carbon monoxide and shall analyze the
cost and  effectiveness of alternative methods of monitoring and
testing. The study shall analyze the cost and effectiveness of alter-
native strategies for attaining and maintaining acceptable levels of
carbon monoxide in the passenger area of such vehicles. Within
one year the Administrator shall report to the  Congress respecting
the results of such study.
  (b) For the purpose of this section, the term "sustained-use motor
vehicle" means any diesel or gasoline fueled motor vehicle (wheth-
er light or heavy duty) which, as determined by the  Administrator
(in conjunction with the  Secretary), is normally used and occupied
for a sustained, continuous, or extensive period of time, including
buses, taxicabs, and police vehicles.
   INTERAGENCY COOPERATION ON PREVENTION OF ENVIRONMENTAL
              CANCER AND HEART AND LUNG DISEASE

  SEC. 402. (a) Not later than three months after the date of enact-
ment of this section, there shall be established a Task Force on En-
vironmental Cancer and Heart and Lung Disease (hereinafter re-
ferred to as the "Task Force"). The Task Force shall include repre-
sentatives of the Environmental  Protection Agency,  the National
Cancer Institute, the National Heart, Lung,  and Blood Institute,
the National  Institute of Occupational Safety  and Health, and the
National Institute on Environmental Health Sciences, and shall be
chaired by the Administrator (or his delegate).
  (b) The Task Force shall—
      (1) recommend a  comprehensive research program to deter-
    mine  and  quantify  the  relationship between environmental
    pollution and human cancer and heart and lung disease;
      (2) recommend comprehensive strategies to reduce or elimi-
    nate the  risks of cancer or such other diseases associated  with
    environmental pollution;
      (3) recommend research and such other measures as may be
    appropriate to prevent or reduce the incidence of environmen-
    tally related cancer and heart and lung diseases;
      (4)  coordinate  research by,  and stimulate cooperation be-
    tween, the Environmental Protection Agency, the Department
    of Health,  Education, and Welfare, and  such  other agencies as

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417
APPENDIX A—CLEAN AIR ACT
Sec. 403
    may be appropriate to prevent environmentally related cancer
    and heart and lung diseases; and
      (5) report to Congress, not later than one year after the date
    of enactment of this section and annually  thereafter,  on the
    problems and progress in carrying out this section.

                            STUDIES

  SEC. 403. (a) Not later than eighteen months after the date of the
enactment of this  Act, the Administrator  of the Environmental
Protection Agency, in  cooperation  with  the  National  Academy of
Sciences, shall  study and report to Congress on (1) the relationship
between  the size, weight, and  chemical  composition of suspended
particulate matter and the nature and degree of the endangerment
to public  health or welfare  presented by such particulate  matter
(especially with respect to fine particulate matter) and (2) the avail-
ability of technology for controlling such  particulate matter.
  (b) The Administrator of the Environmental Protection Agency
shall  conduct a study  and  report to the Congress not later than
January  1,  1979, on the  effects  on public health  and welfare of
odors or odorous emissions, the sources of such emissions, the tech-
nology or other measures  available for  control  of such emissions
and the costs of such  technology or measures, and the costs and
benefits of alternative measures or strategies to abate such emis-
sions. Such report shall include an evaluation of whether air qual-
ity  criteria  or  national ambient air quality standards should  be
published under the Clean Air  Act for odors, and what other strat-
egies or authorities under the Clean Air Act are available or appro-
priate for abating such emissions.
  (cXl) Not  later than twelve months after  the date of enactment
of this Act  the  Administrator of the  Environmental Protection
Agency shall publish throughout the United States a list of all
known chemical contaminants  resulting from environmental pollu-
tion which have been found in human tissue including blood, urine,
breast milk,  and all other  human tissue. Such list shall  be  pre-
pared for the  United  States and shall  indicate  the approximate
number of cases, the range  of levels found, and the mean levels
found.
  (2) Not later than eighteen months after the date of enactment of
this Act  the Administrator shall publish in  the same manner an
explanation  of what  is  known about the manner in  which  the
chemicals described in paragraph (1) entered the environment and
thereafter human tissue.
  (3) The Administrator, in consultation with National Institutes of
Health, the National ("enter for Health Statistics, and the National
Center for Health Services Research and  Development, shall, if fea-
sible,  conduct an epidemiological study to demonstrate the relation-
ship between levels of chemicals in the environment and in human
tissue. Such study shall be made  in appropriate regions or areas of
the United States in order to  determine any different  results in
such regions or areas.  The  results of such study shall, as soon as
practicable,  be  reported to the appropriate committee of the  Con-
gress.

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 Sec. 404
APPENDIX A—CLEAN AIR ACT
418
  (d) The Administrator of the Environmental  Protection Agency
 shall conduct a study of air quality in various areas throughout the
 country  including the gulf coast region. Such study shall include
 analysis of liquid  and solid  aerosols and other fine  particulate
 matter and the contribution  of such  substances to visibility and
 public health problems in such areas.  For the purposes of this
 study, the Administrator shall  use environmental health experts
 from the National  Institutes of Health and other outside agencies
 and organizations.
  (eXl) The Secretary of Labor, in consultation  with the Adminis-
 trator, shall conduct a study of potential dislocation of employees
 due to implementation of laws administered by  the Administrator.
 Such study shall estimate the  number of employees so affected,
 identify existing sources of assistance available  to such employees,
 assess the adequacy of such assistance, and recommend additional
 adjustment measures, if justified.
  (2) The Secretary shall  submit to Congress  the  results of the
study conducted under paragraph (1) not more than one year after
the date of enactment of this section.
  (f) The Administrator of the  Environmental  Protection  Agency
shall undertake to  enter into appropriate arrangements with the
National Academy  of Sciences to conduct continuing comprehen-
sive studies and investigations of the effects on public  health and
welfare of emissions subject to section 202(a) of the  Clean  Air Act
(including sulfur compounds)  and  the  technological feasibility of
meeting emission standards required to be prescribed  by  the Ad-
ministrator by section 202(b) of such Act. The Administrator shall
report to the Congress within  six months of the date of enactment
of this section and each year thereafter regarding the status of the
contractual arrangements and conditions necessary to  implement
this paragraph.
  (g) The Administrator of the  Environmental  Protection  Agency
shall conduct a study and report to Congress by the date one year
after the date of the enactment of this section,  on the emission of
sulfur-bearing compounds from  motor vehicles  and motor vehicle
engines and aircraft engines. Such study and report shall include
but not be limited  to a review of  the effects of such emissions on
public health and welfare and an analysis of the costs and  benefits
of alternatives to reduce or eliminate such emissions (including de-
sulfurization  of fuel, short-term allocation of low sulfur crude oil,
technological devices used in conjunction with current engine tech-
nologies, alternative engine technologies,  and other methods)  as
may be required to achieve any proposed or promulgated emission
standards for sulfur compounds.

                    RAILROAD EMISSION STUDY

  SEC. 404. (a) The  Administrator of the Environmental  Protection
Agency shall conduct a study  and  investigation  of emissions  of air
pollutants from  railroad locomotives, locomotive engines, and sec-
ondary power sources on  railroad rolling stock, in order to deter-
 mine—
      (1) the extent to which such emissions affect air  quality in
     air quality control regions throughout the United States,

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419
APPENDIX A—CLEAN AIR ACT
Sec. 405
      (2) the technological feasibility and the current state of tech-
    nology for controlling such emissions, and
      (3) the status and effect of current and proposed State and
    local regulations affecting such emissions.
  (b) Within one hundred  and eighty days after commencing such
study and investigation, the Administrator shall submit a report of
such study  and investigation,  together with recommendations for
appropriate legislation, to the Senate Committee on Environment
and Public Works and the House Committee on Interstate and  For-
eign Commerce.

     STUDY AND REPORT CONCERNING ECONOMIC APPROACHES TO
                   CONTROLLING AIR POLLUTION

  SEC. 405. (a) The Administrator, in conjunction with  the Council
of Economic Advisors (hereinafter  in this section  referred to  as
"the Council"), shall undertake a study and assessment of econom-
ic measures for the control of air pollution which could—
      (1) strengthen the effectiveness of existing methods of  con-
    trolling air pollution,
      (2) provide incentives to  abate air pollution to a greater
    degree than is required by existing provisions of the Clean Air
    Act (and regulations thereunder), and
      (3) serve as the primary incentive for controlling air pollu-
    tion problems not addressed by  any  provision of the Clean Air
    Act (or any regulation thereunder).
  (b) The study of measures  referred to in paragraph (1) of subsec-
tion (a) shall concentrate on  (1) identification of air  pollution prob-
lems  for which existing methods of control are not effective be-
cause of economic incentives to delay compliance and  (2) formula-
tion of economic measures which could be  taken with respect to
each such air pollution problem which would provide an incentive
to comply  without interfering with such existing methods of con-
trol.
  (c) The study of measures  referred to in paragraph (2) of subsec-
tion (a) shall concentrate on  (1) identification of air  pollution prob-
lems for which existing methods of control may not be sufficiently
extensive to achieve all desired environmental goals and (2) formu-
lation of economic measures for each such  air  pollution  problem
which would provide additional  incentives to  reduce air pollution
without—
      (A) interfering with the effectiveness of existing methods of
    control, or
      (B) creating problems similar to those which prevent alterna-
    tive regulatory  methods from  being used to reach such envi-
    ronmental goals.
  (d) The study of the measures referred to in paragraph (3) of sub-
section (a) shall  concentrate on (1) identification of air pollution
problems for which  no existing methods of control exist, (2) formu-
lation of economic measures to reduce such  pollution, and (3) com-
parison of the environmental and economic impacts of  the econom-
ic measures with those of any alternative  regulatory  methods
which can be identified.

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 Sec. 406
APPENDIX A—CLEAN AIR ACT
420
  (e)  In conducting the study under  this section, a  preliminary
screening should be made of the problems referred to in subsec-
tions (bXD,  (cXD, and (dXl) and economic measures should be for-
mulated under subsections (b)(2), (cX2l,  and  in the most prom-
ising cases,  giving special  attention to structural and administra-
tive problems. In formulating any such measure which provides for
a charge, the appropriate level of the charge should be determined,
if possible, and the environmental and economic impacts should be
identified.
  (f) Within one year after the date of enactment of this Act, the
Administrator shall  complete a study  and report to the Congress
on the advantages and disadvantages (including an analysis of the
feasibility) of establishing  a  system  of  penalties for stationary
sources on emissions of oxides of nitrogen and make recommenda-
tions  regarding the  establishment of  such  a system.  Such study
shall  determine if such  a system will effectively encourage the de-
velopment of more effective systems and technologies for control of
emissions of oxides of nitrogen for new major emitting facilities, or
existing major emitting facilities, or both.  In  any case in which a
proposed penalty system is recommended by the Administrator, the
report should include—
      (1) a  recommendation  respecting  the  appropriate  period
    during which such  system of penalties should apply, and the
    appropriate termination date or dates for such system, if any,
    taking into account—
          (A) the time at which adequate technology may reason-
        ably be anticipated to be available to control oxides of ni-
        trogen  for that category of facilities,
          (B) the degree to which such technology can be expected
        to be used on such facilities, and
          (C) the Administrator's authorities to require the use of
        such technology, and
      (2) recommendations respecting the compilation of records by
    facilities subject to such penalties  for purposes of determining
    the applicability and amount of such penalty.
  (g) Not later  than two years after the date of the enactment of
this section, the Administrator and the Council shall conclude the
study and assessment under this section and submit a report con-
taining  the results thereof to the President and to the Congress. In-
terim reports on specific pollution problems and solutions recom-
mended shall be made available to the President and the Congress
by the Administrator whenever available.

               SAVING PROVISION; EFFECTIVE DATES

  SEC. 406. (a)  No suit, action, or other proceeding lawfully com-
menced by or against the Administrator or any other officer or em-
ployee of the United States in his official capacity or in relation to
the discharge of his official duties under the Clean Air Act, as in
effect immediately prior to the date of enactment of this Act shall
abate by reason of the  taking effect of the amendments made by
this Act. The court  may, on its own motion or that of any party
made at any time within twelve months  after such taking effect,

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421
APPENDIX A—CLEAN  AIR ACT
Sec. 702
allow the same to be maintained by or against the Administrator
or such officer or employee.
  (b) All  rules, regulations, orders, determinations, contracts, certi-
fications, authorizations, delegations, or other actions duly issued,
made,  or taken by or pursuant to the Clean Air Act as in effect
immediately prior to the date of enactment of this Act, and per-
taining to any functions, powers, requirements, and duties under
the Clean Air  Act, as in effect immediately prior to the date of en-
actment of this Act, and not suspended by the Administrator or the
courts, shall continue in full  force and effect after the date of en-
actment of this Act until modified or rescinded in accordance with
the Clean Air Act as amended by this Act.
  (c) Nothing in this Act nor any action taken pursuant to this Act
shall in any way affect any requirement of an approved implemen-
tation  plan in  effect under section 110 of the Clean Air Act or any
other provision of the Act in effect under  the Clean Air Act before
the date of enactment of this  section until modified or rescinded in
accordance with the Clean Air Act as amended by this Act.
  (dXD Except as  otherwise  expressly provided, the amendments
made by this Act shall be effective on date of enactment.
  (2) Except as otherwise expressly provided, each State required to
revise  its applicable implementation plan  by  reason of any amend-
ment made by this Act shall  adopt and submit to the Administra-
tor of the Environmental Protection Administration such plan revi-
sion before the later of the date—
      (A) one year after the date of enactment of this Act, or
      (B) nine months after the date of promulgation by the Ad-
    ministrator of the Environmental Protection Administration of
    any regulations under an amendment made by this Act which
    are necessary for the approval of such plan revision.


 PROVISIONS OF THE ENERGY SECURITY ACT (PUBLIC LAW
          96-294) RELATED  TO THE CLEAN AIR ACT
 TITLE VII—ACID PRECIPITATION PROGRAM AND CARBON
                      DIOXIDE STUDY

                SUBTITLE A—ACID PRECIPITATION

                         SHORT TITLE

  SEC. 701. This title may be cited as the "Acid Precipitation Act of
1980".

              STATEMENT OF FINDINGS AND PURPOSE

  SEC. 702. (a) The Congress finds and declares that acid precipita-
tion resulting from other than natural sources—
     (1) could contribute to the increasing pollution of natural
    and man-made water systems;
     (2) could adversely affect agricultural and forest crops;
     (3) could adversely affect fish and wildlife and natural eco-
    systems generally;

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 Sec. 703
APPENDIX A—CLEAN AIR ACT
422
      (4) could contribute to corrosion of metals, wood, paint, and
     masonry used in construction and ornamentation of buildings
     and public monuments;
      (5) could adversely affect public health and welfare; and
      (6) could affect areas distant from sources and thus involve
     issues of national and international policy.
  (b) The Congress declares that it is the purpose of this subtitle—
      (1) to identify the causes and sources of acid precipitation;
      (2) to evaluate the environmental, social, and economic  ef-
     fects of acid precipitation; and
      (3) based on the results of the research program established
     by this  subtitte and to the extent consistent with existing law,
     to take action to the extent necessary and practicable  (A) to
     limit or eliminate the identified emissions which are sources of
     acid precipitation, and  (B) to  remedy or otherwise ameliorate
     the harmful effects which may result from acid precipitation.
  (c) For purposes of  this  subtitle the term "acid precipitation"
means the wet or dry deposition from the atmosphere of acid  chem-
ical  compounds.

        INTERAGENCY TASK FORCE; COMPREHENSIVE PROGRAM

  SEC. 703.  (a) There is hereby established a  comprehensive ten-
year program to carry out the provisions of this subtitle; and  to im-
plement this program there shall  be formed an Acid Precipitation
Task Force (hereafter in this subtitle referred to as the  "Task
Force"),  of which the Secretary of Agriculture, the Administrator
of the Environmental Protection Agency, and the Administrator of
the  National  Oceanic  and  Atmospheric  Administration shall  be
joint chairmen. The remaining membership of the Task Force shall
consist of—
      (1) one representative each from the Department of the Inte-
     rior, the Department of Health  and Human Services, the De-
     partment of Commerce, the Department of Energy, the Depart-
     ment of State, the National  Aeronautics and Space Adminis-
    tration, the Council on Environmental Quality, the National
    Science Foundation, and the Tennessee Valley Authority;
      (2) the director of the Argonne National Laboratory, the  di-
     rector of the Brookhaven  National  Laboratory, the director of
    the Oak Ridge National Laboratory, and the director of the Pa-
    cific Northwest National Laboratory; and
      (3) four additional members to be  appointed by the  Presi-
    dent.
  (b) The four National  Laboratories  (referred to in subsection
(aX2)) shall  constitute a research  management consortium having
the  responsibilities described  in  section 704(bX13)  as  well as  the
general  responsibilities required  by  their  representation on  the
Task Force. In carrying out these responsibilities  the consortium
shall report to, and act pursuant to direction from,  the joint  chair-
men of the Task Force.
  (c) The Administrator of the National Oceanic and Atmospheric
Administration shall serve as  the director of the research program
established by this subtitle.

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423	APPENDIX ft—CLEAN AIR ACT	Sec. 704

                 COMPREHENSIVE RESEARCH PLAN

  SEC. 704. (a) The Task  Force shall prepare a comprehensive re-
search plan for the ten-year program (hereafter in this subtitle re-
ferred to as the "comprehensive plan"), setting forth a coordinated
program (1) to identify the  causes and effects of acid precipitation
and (2) to identify actions to limit or ameliorate the harmful effects
of acid precipitation.
  (b) The comprehensive plan shall include programs for—
      (1) identifying the sources of atmospheric emissions contrib-
    uting to acid precipitation;
      (2) establishing and operating a nationwide long-term moni-
    toring network to detect and  measure levels of acid  precipita-
    tion;
      (3) research in atmospheric physics and chemistry to facili-
    tate understanding of the processes by  which atmospheric
    emissions are transformed  into acid precipitation;
      (4)  development  and application  of atmospheric  transport
    models  to enable prediction  of long-range transport of sub-
    stances causing acid precipitation;
      (5) defining geographic areas of impact through  deposition
    monitoring, identification of sensitive areas, and identification
    of areas at risk;
      (6) broadening of impact data bases through collection of ex-
    isting data on water and soil chemistry and through temporal
    trend analysis;
      (7) development of dose-response  functions with  respect to
    soils,  soil  organisms,  aquatic and amphibious organisms, crop
    plants, and forest plants;
      (8) establishing and carrying out system studies with respect
    to plant physiology, aquatic ecosystems, soil chemistry systems,
    soil microbial systems, and forest ecosystems;
      (9) economic assessments of (A) the environmental impacts
    caused by acid  precipitation  on  crops, forests,  fisheries,  and
    recreational and aesthetic  resources  and structures, and (B) al-
    ternative  technologies to remedy or otherwise ameliorate the
    harmful effects which may result from acid precipitation;
      (10) documenting all current Federal activities related to re-
    search on acid precipitation and ensuring that  such activities
    are coordinated in ways that prevent needless duplication  and
    waste of financial and technical resources;
      (11) effecting cooperation in acid precipitation research  and
    development programs,  ongoing and  planned, with the affected
    and  contributing  States  and  with  other  sovereign nations
    having a commonality of interest;
      (12) subject to subsection (fl(l), management by  the Task
    Force of financial resources committed to Federal acid precipi-
    tation research and development;
      (13) subject to  subsection (fX2), management of the technical
    aspects of Federal  acid precipitation  research and development
    programs, including but not limited to (A) the  planning  and
    management of  research  and development  programs  and
    projects, (B) the  selection of contractors and grantees to carry
    out such programs and projects, and (C) the establishment of

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 Sec. 705
APPENDIX A—CLEAN AIR ACT
424
    peer review procedures to assure the quality of research and
    development programs and their products; and
      (14) analyzing the information  available regarding acid pre-
    cipitation in order to formulate  and  present periodic  recom-
    mendations to the  Congress  and the  appropriate agencies
    about actions to be taken by these bodies to alleviate acid pre-
    cipitation and its effects.
  (c) The comprehensive plan—
      (1) shall be submitted in draft form to the Congress, and for
    public  review, within six months after the date of the enact-
    ment of this Act;
      (2) shall be available for public  comment for a period of sixty
    days after its submission in draft  form under paragraph (1);
      (3) shall be  submitted in  final form,  incorporating such
    needed revisions  as arise from comments received during the
    review period, to  the President and the Congress within forty-
    five days after the close of the period  allowed for comments on
    the draft comprehensive plan under paragraph (2); and
      (4) shall constitute the basis on  which requests for authoriza-
    tions and appropriations  are to  be made for  the nine fiscal
    years following the fiscal year in which the comprehensive
    plan is submitted in final form under paragraph (3).
  (d) The Task Force  shall convene as necessary, but no less than
twice during each fiscal year of the ten-year period covered by the
comprehensive plan.
  (e) The Task Force shall submit to the  President and the Con-
gress by January  15  of each year an annual report which shall
detail the progress of the research program under this subtitle and
which shall contain such recommendations as are developed under
subsection (bX14).
  (fKl) Subsection (b)<12) shall not be  construed as modifying, or as
authorizing the Task  Force or the comprehensive plan to modify,
any provision of an appropriation  Act (or any other provision of
law relating  to the use of appropriated funds) which  specifies (A)
the department or agency to which funds  are appropriated, or (B)
the obligations of such department or agency  with  respect to  the
use of such funds.
  (2) Subsection (b)(13) shall  not  be construed  as modifying, or as
authorizing the Task  Force or the comprehensive plan to modify,
any  provision of law (relating  to  or involving  a  department or
agency) which specifies (A) procurement practices for the selection,
award, or management of contracts or grants by such department
or agency, or  (B) program activities, limitations, obligations, or re-
sponsibilities of such department or agency.

            IMPLEMENTATION OF COMPREHENSIVE PLAN

  SEC. 705. (a) The comprehensive plan shall be carried out during
the nine fiscal years following the fiscal year in which the compre-
hensive plan is submitted in its final form under section 704(c)(3);
and—
      (1) shall be carried out in accord with, and meet the program
    objectives specified in, paragraphs (li through (11)  of section
    704(b);

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4»	APPENDIX A—CLEAN AIR ACT	Sec. 711

      (2) shall be managed in accord with paragraphs (12) through
    (14) of such section; and
      (3)  shall be  funded  by annual  appropriations, subject to
    annual authorizations which shall be made for each fiscal year
    of the program (as provided in section 706)  after the submis-
    sion of the Task  Force  progress report which  under  section
    704(e) is required to be submitted by January 15 of the calen-
    dar year in which such fiscal year begins.
  (b) Nothing in this subtitle shall be deemed to grant any new reg-
ulatory authority or to limit, expand, or otherwise modify any reg-
ulatory authority under existing law, or to establish new criteria,
standards, or requirements for regulation under existing law.

                AUTHORIZATION OF APPROPRIATIONS

  SEC. 706. (a) For  the purpose of establishing the Task Force and
developing the comprehensive plan  under section 704 there is au-
thorized to  be  appropriated to the  National Oceanic and Atmos-
pheric Administration  for fiscal year 1981 the sum of $5,000,000, to
remain available until  expended.
  (b) Authorizations of appropriations for the nine fiscal years fol-
lowing the fiscal year  in which the  comprehensive plan is submit-
ted in final form under section 704(c)(3), for purposes of carrying
out the  comprehensive  ten-year  program established by section
703(a)  and implementing the comprehensive plan under sections
704 and 705, shall be provided on an annual  basis in authorization
Acts hereafter enacted; but the total sum of dollars authorized for
such  purposes  for such nine  fiscal  years  shall  not  exceed
$45,000,000 except as may be  specifically provided by  reference to
this paragraph in the authorization Acts involved.

                 SUBTITLE B—CARBON DIOXIDE

                             STUDY

  SEC. 711. (a)(l) The Director  of the Office of Science and Technol-
ogy Policy shall enter into an  agreement with the National  Acade-
my of Sciences to carry out a comprehensive  study of the projected
impact, on the level of carbon dioxide in the atmosphere, of fossil
fuel combustion, coal-conversion and related  synthetic fuels activi-
ties authorized in this Act, and other sources. Such  study  should
also include an assessment of the economic, physical,  climatic, and
social effects of such impacts.  In conducting  such study the Office
and the Academy are  encouraged to work with domestic and for-
eign governmental and non-governmental entities, and internation-
al entities, so as to  develop an international, worldwide assessment
of the  problems involved and to suggest such original research on
any aspect of such problems as the Academy deems necessary.
  (2) The  President shall report to the Congress within six months
after the date of the enactment of this Act regarding the status of
the Office's negotiations to implement the study required under
this section.
  (b) A report including the major findings and  recommendations
resulting from this  study required under this section shall be sub-
mitted to the Congress by the Office and the  Academy not  later

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Sec. 712
APPENDIX A—CLEAN  AIR ACT
426
 than three years after the date of the enactment of this Act. The
 Academy contribution to  such report shall  not be subject to any
 prior clearance or review, nor shall any prior clearance or condi-
 tions be imposed on the Academy as part of the agreement made
 by  the  Office with the Academy under  this section. Such report
 shall in any event include  recommendations regarding—
      (1) how a long-term program of domestic and international
    research, monitoring,  modeling,  and  assessment  of the causes
    and effects  of  varying levels of atmospheric  carbon  dioxide
    should be structured,  including comments by the Office on the
    interagency requirements  of such a program and comments by
    the Secretary of State on the  international  agreements  re-
    quired to carry out such a  program;
      (2) how the United States can best play a role in the develop-
    ment of such a long-term program on an international basis;
      (3) what domestic resources should be made available to such
    a program;
      (4) how the ongoing United States  Government carbon diox-
    ide  assessment  program should be modified so as to be of  in-
    creased utility in providing information and recommendations
    of the highest possible value to government policy makers; and
      (5) the need for periodic reports to the Congress in  conjunc-
    tion with any long-term program the Office and  the Academy
    may recommend under this section.
  (c) The Secretary  of Energy,  the Secretary of Commerce, the Ad-
ministrator of the Environmental Protection Agency, and the Di-
rector of  the  National Science  Foundation  shall  furnish to  the
Office or the Academy upon  request any  information which  the
Office or the Academy determines to be  necessary for purposes of
conducting the study required by this section.
  (dj The Office shall provide  a separate assessment of the inter-
agency  requirements  to implement  a comprehensive program  of
the type described in the third  sentence of subsection (b).

               AUTHORIZATION OF APPROPRIATIONS

  SEC. 712. For the expenses  of carrying out the carbon dioxide
study authorized by section 711 (as determined by the Office of Sci-
ence and Technology  Policy) there are authorized  to  be appropri-
ated such sums, not exceeding $3,000,000 in the aggregate, as may
be necessary. At least 80 percent of any amounts appropriated pur-
suant to the preceding sentence shall be  provided to the National
Academy of Sciences.

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                        APPENDIX B
PROVISIONS OF THE  CLEAN  AIR  ACT AMENDMENTS  OF
  1990 (PUBLIC  LAW 101-549) THAT DID  NOT AMEND THE
  CLEAN AIR ACT
            PART B—OTHER PROVISIONS

SEC. 231. ETHANOL SUBSTITUTE FOR DIESEL.
  Within  one year  after the enactment of the Clean  Air Act
Amendments of  1990, the Administrator shall contract with a labo-
ratory which has done research on alcohol esters of rapeseed oil to
evaluate the feasibility, engine performance, emissions, and produc-
tion capability associated with an alternative to diesel fuel com-
posed of ethanol and high erucic rapeseed oil. The  Administrator
shall  submit a report on the results of this research to Congress
within 3 years of the issuance of such contract.
SEC. 233. STATES AUTHORITY TO REGl LATE.
  (a) STUDY.—The Administrator  of the Environmental Protection
Agency and the Secretary of Transportation, in consultation with
the Secretary of Defense, shall commence a study and investigation
of the  testing of uninstalled aircraft engines in enclosed test cells
that shall  address at a  minimum the following  issues and such
other issues as they shall deem appropriate—
      (1) whether technologies exist to control some or all emis-
    sions of oxides of nitrogen from test cells;
      (2) the effectiveness of such  technologies;
      (3) the cost of implementing such technologies;
      (4) whether such technologies affect the safety, design, struc-
    ture, operation, or performance of aircraft engines;
      (5) whether such technologies impair the  effectiveness and
    accuracy of  aircraft engine  safety design, and performance
    tests conducted in test cells; and
      (6) the impact of not  controlling such oxides of nitrogen in
    the applicable nonattainment areas and on other sources, sta-
    tionary and mobile, on oxides  of nitrogen in such areas.
  (b) REPORT, AUTHORITY To REGULATE.—Not later than 24 months
after enactment of the  Clean Air Act Amendments of 1990, the Ad-
ministrator of the Environmental  Protection Agency and the Secre-
tary of Transportation  shall submit  to Congress a report of the
     427

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 Sec. 234
APPENDIX B—CLEAN AIR  ACT
428
 study  conducted under this section. Following the completion of
 such study, any of the States may adopt or enforce any standard
 for emissions of oxides of nitrogen from test cells only after issuing
 a public notice stating whether such standards are in  accordance
 with the findings of the study.
 SEC. 234. FUGITIVE DUST.
   (a) Prior to any use of the Industrial Source Complex (ISC) Model
 using AP-42 Compilation of Air Pollutant Emission Factors to de-
 termine  the effect  on  air quality  of fugitive particulate emissions
 from surface coal mines, for purposes of new source review or for
 purposes of demonstrating  compliance  with national ambient air
 quality standards for particulate matter applicable to periods of 24
 hours or less, under section 110  or parts C or D of title I of the
 Clean  Air  Act,  the Administrator shall  analyze the  accuracy of
 such model and emission factors and make revisions as may be nec-
 essary to eliminate any significant over-prediction of  air quality
 effect of fugitive particulate emissions from such sources. Such re-
 visions shall be completed not later than  3  years after  the date of
 enactment  of the Clean Air Act Amendments of 1990.  Until such
 time as  the Administrator  develops a revised model  for surface
 mine fugitive  emissions, the State may use alternative empirical
based modeling  approaches pursuant to guidelines issued by  the
 Administrator.".
SEC. 303. RISK ASSESSMENT AND MANAGEMENT COMMISSION.
  (a) ESTABLISHMENT.—There is hereby established a Risk Assess-
ment and Management Commission (hereafter referred to in this
section as the "Commission"),  which shall commence proceedings
not later than 18 months after the date of enactment of the Clean
Air Act Amendments of 1990 and which shall make a full investi-
gation of the policy implications and appropriate uses of risk as-
sessment and risk management in regulatory programs  under vari-
ous Federal  laws to prevent  cancer  and  other chronic human
health effects which may result from  exposure to hazardous sub-
stances.
  (b) CHARGE.—The Commission shall consider—
      (1) the report of the National Academy  of Sciences author-
    ized by section  112(o) of the Clean Air Act, the use  and limita-
    tions of risk assessment in establishing emission  or effluent
    standards, ambient standards, exposure standards, acceptable
    concentration levels, tolerances or other environmental criteria
    for hazardous substances that present a risk of carcinogenic ef-
    fects or other chronic health effects and the  suitability of risk
    assessment for such purposes;
      (2) the most appropriate methods for measuring and describ-
    ing cancer risks or risks of other  chronic  health effects from
    exposure to  hazardous substances considering such  alternative
    approaches as the lifetime risk of cancer or other effects to the
    individual or individuals most exposed  to emissions from a
    source or sources on both an  actual and worst case basis, the
    range of such risks, the total number of health effects avoided

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429
APPENDIX B—CLEAN AIR ACT
Sec. 303
    by exposure reductions, effluent standards, ambient standards,
    exposures standards,  acceptable  concentration  levels,  toler-
    ances and other environmental  criteria,  reductions  in  the
    number of persons exposed at various levels of risk, the inci-
    dence of cancer, and other public health factors;
      (3) methods to reflect uncertainties in measurement and esti-
    mation techniques, the existence of synergistic or antagonistic
    effects among hazardous substances, the accuracy of extrapo-
    lating human health risks from animal exposure data, and the
    existence of unquantified  direct or  indirect  effects on human
    health in risk assessment studies;
      (4) risk management policy issues including the use of life-
    time cancer risks to  individuals  most  exposed,  incidence of
    cancer, the cost and technical feasibility of exposure reduction
    measures and the use of site-specific actual exposure informa-
    tion in setting emissions standards and other limitations appli-
    cable to sources of exposure to hazardous substances; and
      (5) and comment on the degree  to which it is possible  or de-
    sirable to develop a consistent risk assessment methodology, or
    a consistent standard of acceptable risk, among various Feder-
    al programs.
  (c)  MEMBERSHIP.—Such  Commission shall  be  composed  of  ten
members who shall have knowledge or experience in fields of risk
assessment or risk management, including three members to  be ap-
pointed by the President, two members  to be  appointed by  the
Speaker of the House of Representatives, one member to be ap-
pointed by the Minority  Leader of the  House of Representatives,
two members to be appointed by the Majority Leader of the Senate,
one member to be appointed by the Minority Leader of the Senate,
and one member to be appointed by the President of the National
Academy of Sciences.  Appointments shall be made not later than
18 months after the date  of enactment of the Clean Air Act
Amendments of 1990.
  (d) ASSISTANCE FROM AGENCIES.—The Administrator of the Envi-
ronmental Protection  Agency and the heads of all other depart-
ments, agencies, and instrumentalities of the executive branch of
the Federal Government shall, to the maximum extent practicable,
assist the Commission in gathering such information  as the Com-
mission deems necessary  to carry out  this section subject to other
provisions of law.
  (e) STAFF AND CONTRACTS.—
      (1) In the conduct of the study  required by this section, the
    Commission is authorized  to contract (in accordance with Fed-
    eral contract law) with nongovernmental entities that are com-
    petent to perform research or investigations  within the Com-
    mission's mandate, and to hold public hearings,  forums, and
    workshops to enable full public participation.
      (2) The  Commission may appoint  and fix  the  pay  of such
    staff as it deems necessary in accordance with the provisions of
    title 5, United States Code. The Commission  may request the
    temporary assignment  of personnel  from the Environmental
    Protection Agency or other Federal agencies.

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Sec. 304
APPENDIX B—CLEAN  AIR ACT
430
      (3) The members of the Commission who are not officers or
    employees of the United States, while attending conferences or
    meetings of the Commission or while otherwise serving at the
    request of the Chair, shall be entitled to receive compensation
    at a rate not in excess of the maximum rate of pay for Grade
    GS-18, as provided in the General Schedule under section 5332
    of title 5 of the United States Code, including travel time, and
    while away from their homes or regular places of business they
    may be allowed travel  expenses, including per diem in lieu of
    subsistence as authorized by law for persons  in  the  Govern-
    ment service employed  intermittently.
  (f) REPORT.—A  report containing the  results of  all  Commission
studies and investigations under  this section, together with any ap-
propriate  legislative recommendations  or  administrative  recom-
mendations, shall be made available to the public for comment not
later than 42 months after  the date of enactment of the Clean Air
Act Amendments of 1990 and shall be submitted to the President
and to the Congress not later than 48 months after such date of
enactment. In the report, the Commission shall make recommenda-
tions with  respect to the appropriate use of risk  assessment and
risk  management in  Federal  regulatory  programs  to  prevent
cancer or other chronic health effects which may result from expo-
sure to hazardous substances. The  Commission shall cease to exist
upon the date determined by the Commission, but not  later than 9
months after the submission of such report.
  (g) AUTHORIZATION.—There are  authorized  to be appropriated
such sums as are necessary to carry out the activities of the Com-
mission established by this section.
SEC. 304. CHEMICAL PROCESS SAFETY  MANAGEMENT.
  (a) CHEMICAL PROCESS SAFETY  STANDARD.—The Secretary  of
Labor shall  act under the Occupational Safety and Health Act of
1970 (29  U.S.C.  653) to  prevent accidental  releases of chemicals
which could pose a threat to employees. Not later than 12 months
after the date of enactment of the Clean Air Act Amendments of
1990, the Secretary of Labor, in coordination with the  Administra-
tor of the Environmental Protection Agency, shall promulgate, pur-
suant to the Occupational Safety and Health Act, a chemical proc-
ess safety standard designed to protect employees from hazards as-
sociated with accidental releases of highly hazardous chemicals in
the workplace.
  (b) LIST OF HIGHLY HAZARDOUS CHEMICALS.—The Secretary shall
include as part of such standard a list of highly hazardous chemi-
cals, which include toxic, flammable, highly reactive and explosive
substances. The list of such chemicals may include  those chemicals
listed by the Administrator under section  302 of  the Emergency
Planning and Community Right to Know Act of 1986. The Secre-
tary may make additions to such list when a substance is found to
pose a  threat of serious injury or fatality in the event of an acci-
dental  release in the workplace.
  (c) ELEMENTS OF SAFETY STANDARD.—Such standard shall, at min-
imum,  require employers to—

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431
APPENDIX B—CLEAN AIR ACT
Sec. 304
      (1) develop and maintain written safety information identify-
    ing workplace chemical and process hazards, equipment used
    in the processes, and technology used in the processes;
      (2) perform a workplace hazard assessment, including, as ap-
    propriate, identification of potential sources of accidental re-
    leases, an identification of any previous release within the fa-
    cility which had  a likely  potential  for  catastrophic  conse-
    quences in the workplace, estimation of workplace effects of a
    range of releases, estimation of the health and safety effects of
    such range on employees;
      (3) consult with employees and their representatives on the
    development and conduct of hazard assessments and the devel-
    opment of chemical accident  prevention  plans and provide
    access to these and other records required under the standard;
      (4) establish a  system to respond to the workplace hazard as-
    sessment findings, which shall  address prevention,  mitigation,
    and emergency responses;
      (5) periodically review the workplace hazard assessment and
    response system;
      (6) develop and implement written operating procedures for
    the chemical process including procedures for  each operating
    phase,  operating limitations, and safety and health consider-
    ations;
      (7) provide written safety and operating  information to em-
    ployees  and train  employees in operating  procedures, empha-
    sizing hazards and safe practices;
      (8) ensure contractors and contract  employees are provided
    appropriate information and training;
      (9) train and educate employees and  contractors in emergen-
    cy response in a manner as comprehensive and effective as
    that required  by the regulation promulgated pursuant to sec-
    tion 126(d) of the Superfund Amendments and Reauthorization
    Act;
      (10) establish a quality assurance program to ensure that ini-
    tial process related equipment, maintenance  materials, and
    spare parts are fabricated and installed consistent with design
    specifications;
      (11) establish maintenance systems for critical process  relat-
    ed equipment including written procedures, employee training,
    appropriate inspections,  and  testing  of such   equipment to
    ensure ongoing mechanical integrity;
      (12) conduct  pre-start-up safety reviews of all  newly installed
    or modified equipment;
      (13) establish and implement written procedures  to manage
    change to process chemicals, technology, equipment and facili-
    ties; and
      (14) investigate every incident which  results in or  could have
    resulted in a major accident in the workplace, with any find-
    ings to be reviewed by operating personnel and modifications
    made if appropriate.

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 Sec. 305
APPENDIX B—CLEAN AIR ACT
432
   (d) STATE AUTHORITY.—Nothing in this section may be construed
 to diminish the authority of the States and political subdivisions
 thereof as described in section 112(r)(ll) of the Clean Air Act.
 SEC. 305. SOLID WASTE COMBUSTION.
  (c) REVIEW OF ACID GAS SCRUBBING REQUIREMENTS.—Prior to the
promulgation of any performance standard for solid waste inciner-
ation units combusting municipal waste under section 111 or sec-
tion 129 of the Clean Air Act, the  Administrator shall review the
availability of acid gas scrubbers as a pollution control technology
for small new units and for existing units (as defined in 54 Federal
Register 52190 (December 20, 1989), taking into account the provi-
sions of subsection (aX2) of section 129 of the Clean Air Act.
SEC. 306. ASH MANAGEMENT AND DISPOSAL.
  For a period of 2 years after the  date of enactment of the Clean
Air Act Amendments of 1990, ash from solid waste  incineration
units burning municipal waste shall not be regulated by the Ad-
ministrator of the  Environmental  Protection Agency  pursuant to
section  3001  of the Solid Waste Disposal Act. Such reference and
limitation shall not be construed  to prejudice, endorse or otherwise
affect any activity by the Administrator following the 2-year period
from the date of enactment of the  Clean Air Act Amendments of
1990.
SEC. 402. FOSSIL FUEL USE.
  (a) CONTRACTS  FOR HYDROELECTRIC ENERGY.—Any person who,
after the date of the enactment of the Clean Air Act Amendments
of 1990, enters into a contract under which such person receives
hydroelectric energy in return for the provision of electric energy
by such person shall use allowances held by such person as neces-
sary to satisfy such person's obligations under such contract.
  (b)  FEDERAL POWER  MARKETING  ADMINISTRATION.—A Federal
Power Marketing Administration shall not be subject to the provi-
sions and requirements of this title with respect to electric energy
generated by hydroelectric facilities and marketed  by such Power
Marketing Administration. Any person  who sells or provides elec-
tric  energy to a  Federal Power Marketing Administration shall
comply with the provisions and requirements of this title.
SEC. 403. REPEAL OF PERCENT REDUCTION.
  (a) * * *
  (b) REVISED  REGULATIONS.—Not later than three years after the
date of enactment of the  Clean Air  Act Amendments  of 1990, the
Administrator shall promulgate revised regulations for standards
of performance for new fossil fuel fired electric utility units com-
mencing construction after the date  on which such regulations are
proposed that, at a minimum, require any  source subject to such
revised standards to emit sulfur dioxide at a rate not greater than

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433
APPENDIX B—CLEAN AIR ACT
Sec. 406
would have resulted from compliance by such source with the ap-
plicable standards of performance under this section prior to such
revision.
  (c) APPLICABILITY.—The provisions of subsections (a) and (b) apply
only so long as the provisions of section 403(e) of the Clean Air Act
remain in effect.
SEC. 404. ACID DEPOSITION STANDARDS.
  Not later than 36 months after the date of enactment of this Act,
the Administrator of the Environmental Protection  Agency shall
transmit to the Committee on Environment and  Public Works of
the Senate and the Committee on  Energy and Commerce of the
House of Representatives a report on the feasibility and effective-
ness of an acid deposition standard or standards to protect sensitive
and critically sensitive aquatic and terrestrial resources. The study
required by this section shall include, but not be limited to, consid-
eration of the following matters:
      (1) identification  of  the sensitive and  critically  sensitive
    aquatic and terrestrial resources in the  United  States and
    Canada which may be  affected by the deposition of acidic com-
    pounds;
      (2) description of the nature and numerical value of a deposi-
    tion standard or standards that would be sufficient to protect
    such resources;
      (3) description of the use of such standard or standards in
    other Nations or by any of the several States in acid deposition
    control programs;
      (4) description of the measures that would need to be taken
    to integrate such standard or standards with the control pro-
    gram required by title IV of the  Clean Air Act;
      (5) description  of the state of  knowledge  with respect to
    source-receptor relationships necessary  to develop a  control
    program  on such standard or standards and the additional re-
    search  that is on-going or would  be needed  to make such a con-
    trol program feasible; and
      (6) description of the impediments to implementation of such
    control program and the cost-effectiveness  of deposition stand-
    ards compared to other control strategies including  ambient
    air quality standards,  new source performance standards and
    the requirements of title IV of the Clean Air Act.
SEC. 405. NATIONAL ACID LAKES REGISTRY.
  The Administrator of the Environmental Protection Agency shall
create a National Acid Lakes Registry that shall list, to the extent
practical, all  lakes that are known to be acidified due to acid depo-
sition, and  shall publish such list within one year of the enactment
of this Act. Lakes shall be added to the registry as they  become
acidic or as data becomes available  to show they are acidic. Lakes
shall be deleted from the registry as  they become nonacidic.
SEC. 406. INDUSTRIAL SO, EMISSIONS.
  (a) REPORT.—Not later than  January 1,  1995 and every  5 years
thereafter,  the Administrator  of the  Environmental  Protection

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 Sec. 407
APPENDIX B—CLEAN AIR ACT
434
 Agency shall transmit to the Congress a report containing an in-
 ventory of national annual sulfur dioxide emissions from industrial
 sources (as defined in title IV of the Act), including units subject to
 section 405(gX6) of the Clean Air Act, for all years for which data
 are available, as well as the likely trend  in such emissions over the
 following twenty-year period. The reports shall also contain esti-
 mates of the actual emission reduction in each year resulting from
 promulgation of the  diesel  fuel  desulfurization regulations under
 section 214.
  (b)  5.60 MILLION TON CAP.—Whenever the inventory required by
 this section indicates that sulfur dioxide emissions from industrial
 sources, including units subject to section 405(gX5) of the Clean Air
 Act, may reasonably  be expected to reach levels greater than 5.60
 million tons per year, the Administrator  of the Environmental Pro-
 tection Agency shall take such actions under the Clean Air Act as
 may be appropriate to ensure  that such emissions do not exceed
 5.60 million tons per year. Such actions may include the promulga-
 tion of new and revised standards of  performance for new sources,
 including units subject to section  405(gX5)  of the Clean Air Act,
 under section lll(b) of the Clean Air Act, as well as promulgation
 of standards of performance for existing sources, including  units
 subject to section 405{gX5) of the Clean Air Act, under authority of
 this section.  For  an existing source  regulated under  this section,
 "standard of performance" means a standard which the Adminis-
 trator determines is  applicable to  that source and which reflects
 the degree of emission reduction achievable through  the  applica-
 tion of the best  system of continuous emission  reduction which
 (taking into consideration the cost of achieving such  emission re-
 duction, and any nonair quality health and environmental impact
 and energy requirements) the Administrator determines has  been
 adequately demonstrated for that category of sources.
  (c) ELECTION.—Regulations promulgated  under  section 405(b) of
 the Clean  Air Act shall not prohibit a source from electing to
 become an affected unit under section 410 of the Clean  Air Act.
 SEC. 407. SENSE OF THE CONGRESS ON EMISSION REDUCTIONS COSTS.
  It is the sense  of the Congress that the Clean  Air  Act  Amend-
 ments of 1990, through the allowance program, allocates the  costs
 of achieving the required reductions in emissions  of sulfur dioxide
 and oxides of nitrogen among sources in the United States. Broad
 based taxes and emissions fees that would provide for payment of
 the costs of achieving required emissions reductions by  any party
or parties other than the sources required to achieve the reductions
 are undesirable.
SEC. 408. MONITOR ACID RAIN PROGRAM IN CANADA.
  (a)  REPORTS TO CONGRESS.—The  Administrator of the Environ-
 mental Protection Agency, in consultation  with the Secretary of
State, the Secretary of Energy, and other persons the  Administra-
tor  deems appropriate, shall prepare  and submit  a report to  Con-
gress on January 1, 1994, January 1, 1999, and January 1, 2005.
  (b) CONTENTS.—The report to Congress shall analyze the current
emission levels of sulfur dioxide and nitrogen oxides in each of the
 provinces participating in Canada's acid  rain control program, the
 amount of emission reductions of sulfur dioxide and oxides of nitro-

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435	APPENDIX B—CLEAN AIR ACT	Sec. 413

gen achieved by each province, the methods utilized by each prov-
ince in making those reductions, the costs to each province and the
employment impacts in each province of making and maintaining
those reductions.
  (c) COMPLIANCE.—Beginning on January 1, 1999, the  reports shall
also assess the degree to which each province is complying with its
stated emissions cap.
SEC. 409. REPORT ON CLEAN COAL TECHNOLOGIES EXPORT PROGRAMS.
  The Secretary of Energy  in consultation  with the  Secretary of
Commerce shall provide a report to the Congress within one year
of enactment of this legislation which will  identify, inventory  and
analyze clean  coal technologies  export programs  within  United
States Government agencies including the Departments of State,
Commerce, and Energy and at  the Export-Import  Bank and the
Overseas Private Investment Corporation. The study shall address
the effectiveness of interagency coordination of export promotion
and determine the feasibility of establishing an interagency com-
mission for the purpose of promoting the export and  use of clean
coal technologies.
SEC. 410. ACID DEPOSITION RESEARCH BY THE UNITED  STATES  FISH
          AND WILDLIFE SERVICE.
  There are  authorized to be appropriated to the  United States
Fish and  Wildlife Service of the Department of the  Interior an
amount equal to $500,000 to fund research related  to acid deposi-
tion and the monitoring of high altitude mountain lakes in  the
Wind River Reservation, Wyoming, to be conducted  through  the
Management Assistance Office of the United States  Fish and Wild-
life Service located in Lander, Wyoming and the University of Wy-
oming.
SEC. 411. STUDY OF BUFFERING AND NEUTRALIZING AGENTS.
  There are  authorized to be appropriated to the  United States
Fish and  Wildlife Service of the Department o'f the  Interior an
amount equal to $250,000 to fund a study to be conducted  in con-
junction with the  University of  Wyoming  of the effectiveness of
various buffering and neutralizing agents used to restore lakes  and
streams damaged by acid deposition.
SEC. 413. SPECIAL CLEAN COAL TECHNOLOGY PROJECT.
  (a)  DEMONSTRATION  PROJECT.—The Secretary of Energy shall,
subject  to appropriation, as part of the Secretary's activities with
respect  to fossil energy research  and development under the De-
partment of Energy Organization Act (Public Law 95-91) consider
funding at least 50 percent of the cost of a demonstration project to
design, construct, and test a technology system  for a cyclone boiler
that will serve as a model for sulfur dioxide and nitrogen oxide re-
duction  technology at a combustion unit required to meet the emis-
sions  reductions prescribed in this bill. The Secretary shall expe-
dite approval and funding to enable such project to be completed
no later than January 1, 1995.

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 Sec. 603
APPENDIX B—CLEAN AIR ACT
436
   The unit selected for this project shall be in a utility plant that
 (1) is among the top 10 emitters of sulfur dioxide  as identified on
 Table A of section 404; (2) has '3 or more units, 2 of which are cy-
 clone boiler units; and (3) has no existing scrubbers.
   (b) AUTHORIZATION.—There  are authorized  to  be appropriated
 such sums as may be necessary to carry out this section, to remain
 available until  expended.
SEC. 603. METHANE STUDIES.
  (a)  ECONOMICALLY JUSTIFIED ACTIONS.—Not later  than 2 years
after  enactment of this Act, the Administrator shall prepare and
submit  a report to the Congress that  identifies activities,  sub-
stances, processes, or combinations thereof that could reduce meth-
ane emissions and that are economically and technologically justi-
fied with and without consideration of environmental benefit.
  0>)  DOMESTIC METHANE SOURCE INVENTORY  AND CONTROL.—Not
later  than 2 years after the enactment of this Act, the Administra-
tor, in consultation and coordination  with the  Secretary of Energy
and the Secretary of Agriculture, shall prepare and submit  to the
Congress reports on each of the following:
      (1) Methane  emissions  associated with  natural  gas extrac-
    tion, transportation, distribution, storage, and use. Such  report
    shall  include  an inventory  of methane  emissions associated
    with such activities within the United States. Such emissions
    include, but are not limited  to, accidental and intentional re-
    leases from natural gas and  oil wells, pipelines, processing fa-
    cilities, and gas burners.  The report shall also  include  an in-
    ventory of methane generation with such activities.
      (2) Methane emissions associated with coal extraction,  trans-
    portation, distribution, storage, and  use. Such report shall in-
    clude an inventory  of methane emissions associated with such
    activities within the United States. Such emissions include, but
    are not limited to,  accidental and  intentional releases from
    mining  shafts, degasification wells, gas  recovery wells  and
    equipment, and from the processing and use of coal. The  report
    shall also include an  inventory  of  methane  generation with
    such activities.
      (3) Methane emissions associated with management of solid
    waste. Such report shall include an inventory of methane emis-
    sions associated with all  forms of waste management in the
    United States, including storage, treatment, and disposal.
      (4) Methane emissions associated with agriculture.  Such
    report shall include an inventory of methane emissions associ-
    ated with rice and  livestock  production in the United States.
      (5) Methane emissions associated with biomass burning. Such
    report shall include an inventory of methane emissions associ-
    ated with the intentional burning of agricultural wastes, wood,
    grasslands, and forests.
      (6) Other methane emissions associated  with  human activi-
    ties. Such report shall identify and inventory other domestic

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437	APPENDIX B—CLEAN AIR ACT	Sec. 603

    sources of methane emissions that are deemed by the Adminis-
    trator and other such agencies to be significant.
  (c) INTERNATIONAL STUDIES.—
      (1) METHANE EMISSIONS.—Not later than 2 years after the en-
    actment  of  this  Act,  the Administrator shall prepare  and
    submit to the Congress a report on methane emissions from
    countries other than the United  States.  Such report shall in-
    clude inventories  of methane emissions associated with the ac-
    tivities listed in subsection (b).
      (2) PEEVENTING INCREASES IN METHANE CONCENTRATIONS.—
    Not later than 2 years after the enactment of this Act, the Ad-
    ministrator shall  prepare and submit to the Congress a  report
    that analyzes the potential for preventing an increase in at-
    mospheric  concentrations  of methane  from  activities  and
    sources in other  countries.  Such  report shall identify  and
    evaluate  the technical  options for reducing methane emission
    from each of the activities listed in subsection (b), as well as
    other activities  or sources that are deemed by the Administra-
    tor  in  consultation with other relevant Federal agencies  and
    departments  to be significant and shall include  an evaluation
    of costs. The report shall identify the emissions reductions that
    would  need  to be  achieved to prevent  increasing atmospheric
    concentrations of methane. The report shall also identify tech-
    nology  transfer programs that could promote methane emis-
    sions reductions in lesser developed countries.
  (d) NATURAL SOURCES.—Not later than 2 years  after the  enact-
ment of this  Act, the Administrator  shall  prepare and submit to
the Congress a report on—
      (1) methane emissions from biogenic sources such as (A) trop-
    ical, temperate, and subarctic forests, (B)  tundra, and (C) fresh-
    water and saltwater wetlands; and
      (2) the  changes in  methane emissions from biogenic sources
    that may  occur as a result  of potential increases in tempera-
    tures and atmospheric concentrations of carbon dioxide.
  (e) STUDY OF MEASURES To LIMIT GROWTH IN METHANE CONCEN-
TRATIONS.—Not later than 2 years after the completion of the stud-
ies in subsections (b), (c), and  (d), the Administrator shall prepare
and submit to the Congress a report that presents options outlining
measures that could be implemented to stop  or reduce the growth
in atmospheric concentrations of methane from sources within the
United States referred to in paragraphs (1) through (6) of subsec-
tion (b). This study shall identify and evaluate the technical options
for reduring methane emissions from each of the activities listed in
subsection (b), as well as other activities or sources deemed by such
agencies to be significant, and shall include an evaluation of costs,
technology, safety,  energy, and  other factors. The study shall be
based on the  other studies under this section. The study shall  also
identify programs of  the United States and  international lending
agencies that could  be used  to induce lesser developed countries to
undertake  measures that will reduce methane emissions  and  the
resource needs of such programs.
  (f) INFORMATION GATHERING.—In carrying out the studies under
this section, the provisions and  requirements of section 114 of the

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 Sec. 711
APPENDIX B—CLEAN AIR ACT
438
Clean Air Act shall be available for purposes of obtaining informa-
tion to carry out such studies.
  (g) CONSULTATION AND COORDINATION.—In preparing the studies
under this section the Administrator shall consult and coordinate
with the Secretary of Energy, the  Administrators of the National
Aeronautics  and  Space Administration and the National Oceanic
and Atmospheric Administration, and the heads of other relevant
Federal agencies and  departments.  In the case of the studies under
subsections (a), (b), and (e), such'consultation and coordination shall
include the Secretary of Agriculture.
SEC. 711. SAVINGS PROVISIONS AND EFFECTIVE DATES.
  (a) SAVINGS PROVISIONS.—Except as otherwise expressly provided
in this Act, no suit,  action, or other proceeding  lawfully com-
menced by the Administrator or any other officer or employee of
the United States in his official capacity or in relation to the dis-
charge of his official duties under the Clean Air Act, as in effect
immediately prior to the date of enactment of this Act, shall abate
by reason of the taking effect of the amendments made by this Act.
  (b) EFFECTIVE DATES.—(1) Except as otherwise expressly provided,
the amendments made by this Act shall be effective  on the date of
enactment of this Act.
  (2) The Administrator's authority to assess civil penalties under
section 205(c) of the Clean Air Act, as amended by this Act, shall
apply to violations that occur or continue on or after the date of
enactment of this Act. Civil penalties for violations that occur prior
to such date and do not continue after such date shall be assessed
in accordance with the provisions of the Clean Air Act in effect im-
mediately prior to  the date of enactment of this Act.
  (3)  The civil  penalties  prescribed  under  sections  205(a) and
211(dXl) of the Clean Air Act, as  amended by  this Act, shall apply
to violations that  occur on or after the date of enactment of this
Act. Violations that occur prior to such date shall be subject to the
civil penalty provisions prescribed in sections 205(a) and  211(d) of
the Clean Air Act in effect immediately prior to the enactment of
this Act. The injunctive authority prescribed under section 211(dX2)
of the Clean Air Act, as amended by this Act, shall apply to viola-
tions  that occur or continue  on or after the date of enactment of
this Act.
  (4) For purposes of paragraphs (2) and  (3), where  the date of a
violation cannot be determined it  will be assumed to be the date on
which the violation is discovered.
SEC. 807. HYDROGEN FUEL CELL VEHICLE STUDY AND TEST PROGRAM.
  The Administrator  of the Environmental Protection  Agency,  in
conjunction with the  National Aeronautics and Space Administra-
tion and the Department of Energy, shall conduct a study and test
program on the development of a hydrogen fuel  cell electric vehi-
cle. The study and test program shall determine how best to trans-

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439	APPENDIX B—CLEAN AIR ACT	Sec. 811

fer existing NASA hydrogen fuel cell technology into the form of a
mass-producible, cost effective  hydrogen fuel  cell vehicle.  Such
study and test program shall include at a minimum a  feasibility-
design study, the construction of a prototype, and a demonstration.
This study and test program should be completed and a report sub-
mitted to Congress within 3 years after the enactment of the Clean
Air Act Amendments of 1990. This study and test program should
be performed in the university or universities which are best exhib-
iting the facilities and expertise  to develop such a fuel cell vehicle.
SEC. 808. RENEWABLE ENERGY  AND  ENERGY  CONSERVATION INCEN-
           TIVES.
  (a) DEFINITION.—For purposes of this section, "renewable energy"
means energy from photovoltaic, solar thermal,  wind, geothermal,
and biomass energy production technologies.
  (b) RATE INCENTIVES STUDY.—Within 18 months after enactment,
the Federal Energy Regulatory  Commission, in  consultation with
the Environmental Protection  Agency, shall  complete a study
which  calculates the  net environmental  benefits of  renewable
energy, compared to nonrenewable energy, and  assigns  numerical
values to them. The study shall include, but not be limited to, envi-
ronmental impacts on  air,  water, land use,  water use,  human
health, and waste disposal.
  (c) MODEL REGULATIONS.—In conjunction with  the study  in sub-
section (b), the Commission shall propose one  or more models for
incorporating  the net environmental  benefits  into the regulatory
treatment of renewable energy in  order to provide economic com-
pensation for those benefits.
  (d) REPORT.—The  Commission  shall transmit the study and the
model regulations to Congress, along with any recommendations on
the best  ways to reward  renewable energy technologies for  their
environmental benefits, in a report no later than 24  months  after
enactment.
SEC. 809. CLEAN AIR STUDY OF SOUTHWESTERN NEW MEXICO.
  The Administrator shall conduct a study of the causes  of degrad-
ed visibility in southwestern New Mexico. The  Administrator, in
consultation with the Secretary of State, is encouraged to cooperate
with the Government of Mexico, other  Federal agencies, and any
other appropriate organizations  in  conducting the study. Nothing
in this section shall be construed  as  contravening or superseding
the provisions of any international  agreement in force for the
United States as of the date of  enactment of this section,  or any
relevant Federal statute.
SEC. 810. IMPACT ON SMALL COMMUNITIES.
  Before  implementing a  provision of this  Act, the Administrator
of the Environmental Protection  Agency shall  consult  with the
Small Communities Coordinator of the Environmental Protection
Agency to determine the impact of such provision on small commu-
nities, including the estimated cost of compliance with such provi-
sion.
SEC. 811. EQUIVALENT AIR  QUALITY CONTROLS AMONG TRADING NA-
           TIONS.
  (a) FINDINGS.—The Congress finds that—

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Sec. 811
APPENDIX B—CLEAN AIR ACT
440
      (1) all nations have the responsibility to adopt and enforce
    effective  air  quality  standards and  requirements  and  the
    United States, in enacting this Act, is carrying out its responsi-
    bility in this regard;
      (2) as a result of complying with this Act, businesses in the
    United States will make significant capital investments and
    incur incremental  costs  in implementing control technology
    standards;
      (3) such compliance may impair  the competitiveness of cer-
    tain United States jobs, production, processes, and products if
    foreign goods are produced  under  less  costly environmental
    standards and requirements than are United States goods; and
      (4) mechanisms should be sought through which the United
    States  and  its  trading partners  can  agree to  eliminate or
    reduce competitive disadvantages.
 (b) ACTION BY THE  PRESIDENT.—
      (1) IN GENERAL.—Within 18  months after the date of the en-
    actment of the Clean Air Act Amendments of 1990, the Presi-
    dent shall submit to the Congress a report—
         (A)  identifying  and  evaluating the economic effects of—
             (i) the significant air quality standards and controls
           required under this Act, and
             (ii) the differences between the significant standards
           and  controls  required  under this  Act  and similar
           standards and controls  adopted and enforced by the
           major trading partners of the United States,
       on  the  international  competitiveness  of  United States
       manufacturers; and
         (B) containing a strategy  for  addressing such economic
       effects through trade consultations and negotiations.
      (2)  ADDITIONAL REPORTING  REQUIREMENTS.—(A) The evalua-
    tion required under paragraph (1XA) shall examine the extent
    to which the significant air quality standards and controls re-
    quired under this Act are comparable to existing international-
    ly-agreed norms.
      (B) The strategy required to be developed  under paragraph
    (1KB) shall include recommended options (such as the harmoni-
    zation of standards and trade  adjustment measures) for reduc-
    ing or eliminating competitive disadvantages caused by differ-
    ences in standards and controls between the United States and
    each of its major trading partners.
      (3)  PUBLIC  COMMENT.—Interested parties shall be given an
    opportunity to submit comments regarding the evaluations and
    strategy required in the report under paragraph (1). The Presi-
    dent shall take  any such  comment into account in  preparing
    the report.
     (4) INTERIM  REPORT.—Within 9 months after the date of the
    enactment of the Clean  Air  Act Amendments  of 1990, the
    President  shall  submit to the Congress an interim report on
    the progress being made in complying with paragraph (1).

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441
APPENDIX B—CLEAN AIR ACT
Sec. 815
SEC. 812. ANALYSES OF COSTS AND BENEFITS.
  (a)' * *
  (b) GAO REPORTS ON COSTS AND BENEFITS.—Commencing on the
second year after the date of the enactment of the Clean Air Act
Amendments  of  1990  and annually  thereafter,  the Comptroller
General of the General  Accounting Office, in consultation  with
other agencies, such as the Environmental Protection Agency, the
Department of Labor,  the Department of Commerce,  the United
States Trade  Representative, the  National Academy of Sciences,
the Office of Technology Assessment, the National Academy of En-
gineering, the Council on Environmental Quality, and the Surgeon
General, shall provide a report to the Congress on the incremental
human  health and  environmental benefits, and incremental  costs
beyond  current clean air  requirements of the new  control strate-
gies and technologies required by this Act. The report shall in-
clude,  for  such strategies and  technologies, an  analysis of the
actual emissions reductions beyond existing practice, the effects on
human  life, human health and the environment (including  both
positive impacts and those that may be  detrimental to jobs and
communities resulting from  loss of employers and employment,
etc.), the energy security impacts, and  the effect on United States
products and  industrial competitiveness in national and  interna-
tional markets.
SEC. 813. COMBUSTION OF CONTAMINATED USED OIL IN SHIPS.
  Within 2 years after the enactment of the Clean Air Act Amend-
ments of 1990, the Administrator of the Environmental Protection
Agency  shall  complete a  study  and submit a report to Congress
evaluating the health and environmental impacts of the combus-
tion of contaminated used oil in ships, the reasons  for using  such
oil for such purposes, the alternatives to such use, the costs of such
alternatives, and  other relevant  factors and impacts. In preparing
such study, the Administrator shall obtain the view  and comments
of all interested persons and shall consult with the Secretary of
Transportation and the Secretary of the department in which the
Coast Guard is operating.
SEC. 814. AMERICAN MADE PRODUCTS.
  It is the sense of the Congress that—
      (1) existing equipment and machinery retrofitted to comply
    with the Clean  Air Act's  "Best Available Control Technology'
    language  and all other specifications within  the Act be pro-
    duced  in  the  United States and  purchased  from American
    manufacturers.
      (2) The  construction of new industrial  and utility facilities
    comply to the Act's specifications through the incorporation of
    American made equipment and technology.
      (3) Individuals, groups, and organizations in the public sector
    strive to purchase and produce American made products that
    improve our nation's air quality.
SBC. 815. ESTABLISHMENT OK PROGRAM  TO MONITOR AND IMPROVE
           AIR QUALITY LN REGIONS ALONG THE BORDER BETWEEN
           THE UNITED STATES AND MEXICO.
  (a) IN GENERAL.—The Administrator of the Environmental Pro-
tection Agency (hereinafter referred to  as the "Administrator")  is

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 Sec. 815
APPENDIX B—CLEAN  AIR ACT
442
 authorized, in cooperation with the Department of State and the
 affected States, to negotiate with representatives of Mexico to au-
 thorize a program to monitor and  improve air quality in  regions
 along the border between the United States and Mexico. The pro-
 gram established under this section  shall not extend beyond July 1,
 1995.
  (b) MONITORING AND REMEDIATION.—
      (1) MONITORING.—The monitoring component of the program
    conducted  under this section  shall  identify  and  determine
    sources of pollutants for which national ambient air  quality
    standards (hereinafter referred  to as "NAAQS") and other air
    quality goals have been established in regions along the border
    between  the  United States and Mexico. Any such monitoring
    component of the program shall include, but not be limited to,
    the collection of meteorological data,  the measurement of air
    quality, the compilation of an  emissions inventory, and shall
    be sufficient to the extent necessary to successfully support the
    use of a state-of-the-art mathematical air  modeling analysis.
    Any such monitoring component of the program  shall collect
    and  produce  data projecting the  level of emission  reductions
    necessary in both Mexico and the United States to bring about
    attainment of both  primary and secondary NAAQS, and other
    air quality goals, in regions along  the border in the  United
    States. Any such monitoring component of the program shall
    include to the extent possible, data  from monitoring programs
    undertaken by other parties.
      (2) REMEDIATION.—The Administrator is authorized to negoti-
    ate with  appropriate representatives of Mexico to develop joint
    remediation measures  to reduce the level of airborne pollut-
    ants to achieve and maintain primary and secondary NAAQS,
    and  other air quality  goals, in regions along the border be-
    tween the United States and Mexico. Such joint  remediation
    measures may include, but not be limited to measures included
    in  the Environmental Protection Agency's Control Techniques
    and Control Technology documents.  Any such remediation pro-
    gram shall also  identify those  control measures  implementa-
    tion of which in Mexico would be expedited by the use of mate-
    rial and financial assistance of the United States.
  (c) ANNUAL REPORTS.—The Administrator shall, each year  the
program authorized in this section  is in operation, report to Con-
gress on the progress of the program in bringing nonattainment
areas along the border of the United States into attainment with
primary and  secondary NAAQS.  The report issued by the Adminis-
trator  under this paragraph shall  include recommendations  on
funding mechanisms  to assist in implementation of monitoring and
remediation efforts.
  (d) FUNDING  AND PERSONNEL.—The Administrator  may, where
appropriate,  make available, subject  to the appropriations, such
funds, personnel, and equipment as may  be necessary to implement
the provisions of this section. In those cases where direct financial
assistance of the United States is provided to implement monitor-
ing and remediation  programs in Mexico,  the Administrator shall
develop  grant  agreements with appropriate  representatives  of

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443	APPENDIX B—CLEAN AIR ACT	Sec. 817

Mexico to assure the accuracy and completeness of monitoring data
and the performance of remediation measures which are financed
by the United States. With respect to any control measures within
Mexico funded by the United States, the Administrator shall, to
the maximum extent practicable, utilize resources of Mexico where
such utilization would reduce costs to the United States. Such fund-
ing agreements shall include authorization for the Administrator
to—
      (1) review and agree to  plans for monitoring and remedi-
    ation;
      (2) inspect premises, equipment and records to insure compli-
    ance with the agreements established under and the purposes
    set forth in this section; and
      (3) where necessary, develop grant agreements with affected
    States to carry out the provisions of this section.
SEC. 817. ROLE OF SECONDARY STANDARDS
  (a) REPORT.—The Administrator shall request the National Acad-
emy of Sciences to prepare a report to the Congress on the role of
national secondary ambient air quality standards in protecting wel-
fare and the environment. The report shall:
      (1) include information on the effects on welfare and the en-
    vironment which are caused by ambient concentrations of pol-
    lutants  listed  pursuant to section  108 and other  pollutants
    which may be listed;
      (2) estimate  welfare and environmental costs incurred as a
    result of such effects;
      (3) examine  the  role of secondary standards  and the State
    implementation planning process in preventing such effects;
      (4) determine ambient concentrations of each such pollutant
    which would be adequate to protect welfare and the environ-
    ment from such effects;
      (5) estimate  the costs and other impacts of meeting second-
    ary standards; and
      (6) consider other means consistent with the goals and objec-
    tives of the Clean  Air Act which may be more effective than
    secondary standards  in  preventing or mitigating such effects.
  (b)  SUBMISSION TO  CONGRESS;  COMMENTS; AUTHORIZATION.—(1)
The report shall be transmitted to the Congress not later than 3
years after  the  date of enactment of the Clean Air Act  Amend-
ments of 1990.
  (2)  At least 90 days before issuing a report the  Administrator
shall  provide an opportunity for public comment on the proposed
report. The  Administrator shall include in  the final report a sum-
mary of the comments received on the proposed report.
  (3) There are authorized to be appropriated such sums as are nec-
essary to carry out this section.

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 Sec. 819
APPENDIX B—CLEAN AIR ACT
444
 SEC. 819. EXEMPTIONS FOR STRIPPKR WELLS.
   Notwithstanding any other provision of law, the amendments to
 the Clean Air  Act made by  section 103 of  the Clean Air Act
 Amendments of 1990  (relating to additional  provisions for ozone
 nonattainment areas),  by section 104 of such amendments (relating
 to additional provisions for carbon monoxide nonattainment areas),
 by section 105 of such amendments  (relating  to additional provi-
 sions for PM-10 nonattainment areas), and by section 106 of such
 amendments (relating  to additional provisions for areas designated
 as  nonattainment  for sulfur oxides,  nitrogen dioxide,  and  lead)
 shall not  apply with respect to the production of and equipment
 used in the exploration, production, development, storage or proc-
 essing of—
      (1) oil  from a stripper  well property, within the meaning of
    the June 1979 energy regulations (within the meaning of sec-
    tion 4996(bX7) of  the Internal Revenue Code  of 1980, as  in
    effect before the repeal of such section); and
      (2) stripper well natural gas, as defined in section 108(b) of
    the Natural Gas Policy Act of 1978 (15 U.S.C. ;l31«(b)).
 except to the extent  that provisions of such amendments cover
 areas designated as Serious  pursuant to  part D of title I of the
 Clean Air Act and having a population of 350,000 or more, or areas
 designated as Severe or Extreme pursuant to such part D.
 SEC. 820. EPA REPORT ON MAGNETIC LEVJTATION.
  The Administrator  of  the  Environmental  Protection  Agency
 shall, not later than 6 months  after the date  of enactment of this
 Act, submit to the Congress and the President a report of the Ad-
 ministrator's activities under any agreement with the Department
 of Transportation entered into prior to such date of enactment pro-
 viding for an analysis  of the health and environmental aspects of
 magnetic levitation technology.
 SEC. 821. INFORMATION  GATHERING ON  GREENHOl SK GASKS CONTRIB-
          UTING TO GLOBAL CLIMATE CHANGE.
  (a) MONITORING.—The Administrator of the Environmental Pro-
 tection  Agency  shall  promulgate  regulations within 18  months
 after the enactment of the Clean Air Act Amendments of 1990  to
 require that all  affected sources subject to title V of the Clean Air
Act shall  also monitor carbon  dioxide emissions according to the
 same timetable  as in section 511 (b) and (c). The regulations shall
 require that such data  be reported to the Administrator. The provi-
sions of section 51 He) of title V of the  Clean Air Act shall apply for
 purposes of  this section in  the same manner and  to the same
extent as  such  provision  applies to the  monitoring and  data  re-
 ferred to in section 511.
  (b) PUBLIC  AVAILABILITY OF CARBON DIOXIDE INFORMATION.—For
each unit required to monitor and  provide carbon  dioxide data
 under  subsection (a), the  Administrator shall  compute the unit's
aggregate annual total carbon dioxide emissions, incorporate such
data into a computer data base, and  make such aggregate annual
 data available to the public.

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445	APPENDIX B—CLEAN AIR ACT	Sec. 901

SEC. 901. CLEAN AIR RESEARCH.
  (a) * * *
  (e) ASSESSMENT OF INTERNATIONAL AIR POLLUTION CONTROL TECH-
NOLOGIES.—The  Administrator  of  the Environmental  Protection
Agency shall conduct a study that  compares international air pol-
lution  control technologies of selected industrialized countries  to
determine if there exist air pollution control technologies in coun-
tries outside the United States that  may have beneficial applica-
tions to this Nation's air  pollution  control efforts. With respect  to
each country studied,  the  study shall include  the  topics of urban
air quality,  motor vehicle  emissions,  toxic air  emissions, and acid
deposition. The Administrator shall, within 2 years after the date
of enactment of this Act, submit to the Congress a report detailing
the results of such study.
  (f) ADIRONDACK EFFECTS  ASSESSMENT.—The Administrator of the
Environmental Protection  Agency shall establish a program to re-
search the effects of acid deposition on waters where acid deposi-
tion has been most acute. The  Administrator shall enter into a
multi-year contract for such purposes with an  independent univer-
sity which has a year-round field analytical laboratory on a body  of
water of not less than 25,000 acres nor greater than 75,000 acres,
which  lies within a geographic region designated  as a Biosphere
Reserve by the Department of State. The facility must have demon-
strated  the  capability to  analyze  relevant data on  said body  of
water over a period of 20 years as well as extensive ecosystem mod-
eling capabilities. There are authorized to be appropriated to carry
out this subsection not less than $6,000,000.
  (g) WESTERN STATES ACID DEPOSITION RESEARCH.— (I) The Admin-
istrator of  the  Environmental   Protection  Agency shall sponsor
monitoring and  research and  submit  to Congress annual and peri-
odic assessment reports on—
      (A) the  occurrence and effects  of acid deposition on surface
    waters located in  that part of the United States west of the
    Mississippi River;
      (B) the occurrence and effects of acid deposition on high ele-
    vation ecosystems  (including forests, and surface waters);  and
      (C) the occurrence and effects  of episodic acidification, par-
    ticularly with respect to high elevation watersheds.
  (2) The Administrator of the  Environmental Protection Agency
shall  analyze  data  generated from the  studies conducted under
paragraph (1), data from the Western  Lakes Survey, and other ap-
propriate research and utilize predictive  modeling techniques that
take into account the unique geographic, climatological, and atmos-
pheric conditions which exist in  the western United States to deter-
mine the potential occurrence and  effects of acid deposition due  to
any projected  increases in  the emission of sulfur dioxide and nitro-
gen oxides in that part of the  United States  located west of the
Mississippi River. The Administrator shall include the results  of
the project conducted under this paragraph in the reports issued  to
Congress under paragraph  (1).
  (h)(l) In carrying out the provisions  of section 103(f) of the Clean
Air Act, the Secretary of  Energy is authorized  to enter into  con-

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Sec. 1001
APPENDIX B—CLEAN AIR ACT
446
tracts and cooperative agreements with, and make grants to, non-
profit entities affiliated with the University of Nevada  and the
University of Wyoming.
  (2) Agreements, contracts, and grants described in  paragraph (1)
shall provide that such nonprofit entities—
      (A) may provide basic technical and management personnel;
    and
      (B) shall make available permanent research support facili-
    ties owned by the nonprofit entities.
  (3) The nonprofit entities described in paragraphs (1) and (2) shall
be authorized to make grants, accept contributions, and enter into
agreements with other entities to carry out the provisions of this
subsection.
  (4) There are authorized to be appropriated to the Department of
Energy $3,000,000 for fiscal year 1991 and such sums as may be
necessary for each fiscal year thereafter to carry out the provisions
of paragraph (1). Such amounts shall remain available until ex-
pended.

   TITLE  X—DISADVANTAGED BUSINESS
                      CONCERNS

Sec. 1001. Disadvantage*! business  concerns.
Sec. 1002. Use of quotas prohibited.
SEC. 1001. DISADVANTAGED BUSINESS CONCERNS.
  (a) IN GENERAL.—In providing for any  research relating to the re-
quirements of the amendments made by the Clean Air Act Amend-
ments of 1990 which uses funds of the Environmental  Protection
Agency,  the Administrator  of the  Environmental  Protection
Agency shall, to the extent  practicable,  require that  not less than
10 percent of total Federal funding for such research will be made
available to disadvantaged business concerns.
  (b) DEFINITION.—
     (1XA) For  purposes of subsection (a),  the term "disadvan-
    taged business concern" means a concern—
          (i) which is at least 51 percent owned by one or more so-
       cially and economically disadvantaged  individuals  or, in
       the case of a publicly traded company, at least 51 percent
       of the stock of which is owned by one or more socially and
       economically disadvantaged individuals; and
          (ii) the management  and daily business  operations of
       which are controlled by such individuals.
     (BXi) A for-profit business concern is presumed  to be a disad-
    vantaged business concern for purposes of subsection (a) if it is
    at least 51 percent owned by, or in the case of a concern which
    is a publicly traded company at least 51 percent of the stock of
    the company is owned  by,  one  or  mure  individuals who are
    members of the following groups:
          (I) Black Americans.
          (II) Hispanic Americans.
          (Ill) Native Americans.
          (IV) Asian Americans.

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447
APPENDIX B—CLEAN AIR ACT
Sec. 1002
          (V) Women.
          (VI) Disabled Americans.
      (ii) The presumption established by clause (i) may be rebut-
    ted with respect to a particular business concern if it is reason-
    ably established that the individual or individuals referred to
    in that clause with respect to that business concern are not ex-
    periencing impediments to establishing or developing such con-
    cern as a result of the individual's identification as a member
    of a group specified in that clause.
      (C) The following institutions are presumed to be  disadvan-
    taged business concerns for purposes of subsection (a):
          (i) Historically black colleges and universities, and col-
        leges and universities having a student body in which 40
        percent of the students are Hispanic.
          (ii) Minority institutions (as that term is defined by the
        Secretary of Education pursuant to the General Education
        Provision Act  (20 U.S.C. 1221 et seq.)).
          (iii) Private and voluntary organizations controlled by
        individuals  who  are  socially and  economically  disadvan-
        taged.
      (D) A joint venture may be considered to be a disadvantaged
    business concern under subsection (a), notwithstanding the size
    of such joint venture, if—
          (i) a party to the joint venture is a disadvantaged busi-
        ness concern; and
          (ii) that party owns at least 51 percent of the joint ven-
        ture.
    A person who is not an economically disadvantaged individual
    or a disadvantaged business concern, as a party to a joint ven-
    ture, may not be a party  to more than 2 awarded contracts in
    a fiscal year solely by reason of this subparagraph.
      (E) Nothing in this paragraph  shall prohibit any member of
    a racial or ethnic group that is not listed in subparagraph (BXi)
    from establishing  that they have been impeded in establishing
    or developing a business concern as a result of racial or ethnic
    discrimination.
  SEC.  1002. USE OF  QUOTAS PROHIBITED.—Nothing  in  this title
shall  permit  or require the use of quotas or a requirement that has
the effect of a quota in determining  eligibility under section  1001.

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