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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
-------
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-
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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.
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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
-------
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
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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
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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-
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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-
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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.
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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
-------
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
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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
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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
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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.
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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-
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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
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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
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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
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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;
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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
-------
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-
-------
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-
-------
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-
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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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