United States
Environmental Protection
Agency
Office of Air
and Radiation
January 15, 1991.
Air
&EFA
Implementation Strategy for the
Clean Air Act Amendments of 1990
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KS^, $ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
-VVI/Z T WASHINGTON, D.C. 20460
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JAN | 5 1991
OFFICE OF
AIR AND RADIATION
Honorable William K. Reilly
Administrator
U.S. Environmental Protection Agency
401 M. Street, S.W.
Washington, D.C. 20460
Dear Mr. Reilly:
The Clean Air Act Amendments of 1990 were signed into law by
President Bush on November 15, 1990. These Amendments direct the
Environmental Protection Agency to implement strong environmental
policies and regulations that will ensure cleaner air for all
Americans.
As you requested, the Office of Air and Radiation has
developed the enclosed implementation strategy for the Clean Air
Act Amendments of 1990 within 60 days of enactment. It reflects
the steps that EPA plans to take over the next two years to meet
the challenge presented by this landmark environmental
legislation.
The strategy summarizes our plans to ensure the effective
implementation of the Clean Air Act Amendments of 1990 within the
timeframes set by Congress. Implementation principles have been
designed to apply to the guidelines and regulations that will be
developed to meet statutory requirements. These principles are
presented in Enclosure I and reflect three themes:
(1) Building on the President's goal to balance
environmental protection and economic growth, market-based
approaches and innovative strategies will be utilized, where
appropriate. Policies will be structured to offer
incentives, choice, and flexibility to find the best
solutions for obtaining environmental benefits at the lowest
cost.
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(2) Because of the ambitious regulatory agenda outlined by
the statute, broad consultation will be undertaken to build,
where possible, consensus with interested organizations.
Efforts to receive timely input include: consulting with
several Clean Air Act advisory committees; using, where
appropriate, formal regulatory negotiation procedures; and
scheduling informal discussions with industry,
environmental, state and local, labor, and federal
organizations to discuss specific issues and to receive
input early in the rulemaking process.
(3) Meeting deadlines is essential! The implementation
strategy outlines the groundwork underway to ensure that
commitments will be met.
The implementation strategy emphasizes the regulatory and
communication activities that will be undertaken during the first
two years after enactment. Highlights of these activities are
presented in Enclosure II. The strategy briefly summarizes a
number of major activities and issues associated with each title
of the Amendments. In addition, timelines illustrating the
principal statutory requirements through the year 2010 are
included.
Planning for implementing the Clean Air Act Amendments of
1990 will be a dynamic process. We will continually review the
implementation activities for effectiveness, and make corrections
as necessary. The Office of Air and Radiation will update the
enclosed implementation strategy on an annual basis, focusing on
the forthcoming two year period.
Sincerely
enberg
nistrator
Radiation
William G.
Assistant Ad:
for Air an
Enclosures (3)
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Enclosure 1
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
IMPLEMENTATION PRINCIPLES
FOR THE CLEAN AIR ACT AMENDMENTS OF 1990
OFFICE OF
AIR AND RADIATION
PROMISE OF THE CLEAN AIR ACT
o "Every American expects and deserves to breathe clean air..."
President Bush
o These principles will guide us as we turn the promise of the Act into a
legacy of clean air.
POLICY
o E^: Achieve and maintain a healthy environment, while supporting strong
and sustainable economic growth and sound energy policy.
o Market-based: Use market-based approaches and other innovative
strategies to creatively solve environmental problems.
BUILD CONSENSUS
o Joint Venture: Recognize the essential role played by state and local
governments.
o Consultation: Conduct early and frequent discussions with interested
parties, including other government organizations, industry, environmental
groups, and academics. Where appropriate, use negotiation techniques to
resolve critical issues.
o Federal Coordination: Work closely with other EPA offices, other Federal
agencies, and Congress to ensure a coordinated approach that will achieve
environmental objectives in the most efficient manner possible.
MANAGEMENT
o Deadlines: Establish and meet commitments to effectively implement key
provisions of the Act.
o Team Effort: Work together; attract and retain a diverse and talented
workforce.
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Enclosure 2
CLEAN AIR ACT AMENDMENTS OF 1990
IMPLEMENTATION SCHEDULE HIGHLIGHTS: THE FIRST TWO
YEARS
Communications Focus
Regulatory Activities
Getting Started
State
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Communications Focus
Regulatory Activities
Cleaner Cars and
Cleaner Fuels
MAY
1991
Title I Nonattainment:
STATES' Deadline for Reasonably Available Control
Technology Requirements (Deficiency Corrections)
Notify STATES of Intent to Modify Suggested
Boundaries
Publish Guidance on Stationary Source CO Contributions
Finalize Criteria to Measure Ozone Transport
Title II Mobile Sources:
Finalize Gasoline Reid Vapor Pressure Regulations
Finalize Tier I Car and Truck Standards
Propose Reformulated Gasoline Requirements
Propose Clean Fuels Fleet and California Pilot Credit
Programs
Propose Urban Bus Regulations
Propose Emission Control Diagnostic Rule
Title III - Air Toxics:
Propose Standards for Large Municipal Waste
Combustors
Publish Final Chemical List Petition Procedures
Title IV - Acid Rain:
Propose Regulations for Auctions and Sales
Title VI - CFCs:
Propose CFC Phase-out Regulations
Protecting the
Ozone Layer
JUNE
1991
Title I - Nonattainment:
Propose PM-10 Area Reclassifications
Title VI - CFCs:
Propose Mobile Air Conditioning Recycling Regulations
Assisting Small
Businesses
JULY
1991
Title I - Nonattainment:
Propose Revisions to New Source Review Program
Finalize Ozone, CO Nonattainment Boundaries
Finalize List of Additional PM-10 Nonattainment
Areas and SO2, Lead Designations
Title V - Permits:
Publish Guidance on State Assistance to Small
Businesses
Title VII - Enforcement:
Propose Administrative Penalties Rules of Practice
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Communications Focus
Regulatory Activities
Attainment of Air
Quality Standards
AUG
1991
Title I - Nonattainment:
Propose PM-10 Reasonably Available Control Measures/
Best Available Control Measures Guidance
Issue Transportation Planning Guidance
Publish Title I General Preamble
Publish 1990 Air Quality Data
Title II - Mobile Sources:
Publish Marketable Gasoline Oxygen Credit
Guidelines
Title VII - Enforcement:
Propose Rules for Citizen Suits
Acid Rain
SEPT
1991
Title IV - Acid Rain:
Propose Emission Trading System
Propose Acid Rain Permit Program
Propose Continuous Emission Monitor Requirements
Propose NOx Requirements for Utility Boilers
Propose Conservation and Renewable Incentives
Title VI - CFCs:
Finalize CFC Phase-out Regulations
, Opportunities ",„
in. the Clean Air Act
OCT
1991
Title I - Nonattainment:
Publish VOC and CO Emission Inventory Guidance
Title II - Mobile Sources:
Finalize Cold Temperature CO Standards
Publish Study on Non-road Engines
Title III - Air Toxics:
Propose Maximum Achievable Control Technology for
Coke Ovens
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Communications Focus
Regulatory Activities
One Year of Progress
lovtara tMonersW'
Air Toxics
NOV
1991
DEC
1991
Title I Nonattainment:
Propose Tank Vessel Rule
Publish Conformity Criteria
Publish Guidance on Control Cost-effectiveness
STATES Submit PM-10 State Implementation Plans
Publish Outer Continental Shelf Rule
Publish Guidance on Inspection/Maintenance
Programs
Publish Guidance on Transportation Control
Measures
Title II - Mobile Sources:
Propose Clean Fuel Vehicle Standard
Finalize Vehicle Evaporative Emissions Regulations
Finalize Onboard Controls
Finalize Reformulated Gasoline Requirements
Finalize Urban Bus Regulations
Finalize Clean Fuels Fleet and California Pilot
Credit Program
Title III - Air Toxics:
Publish Final List of Source Categories
Propose Guidance for Modification Provisions
Publish Draft Regulatory Schedule for All Source
Categories
Finalize Standards for Large Municipal Waste
Combustors
Propose List of Substances for Accidental Releases
Prevention Program
Propose Maximum Achievable Control Technology for
Hazardous Organic Chemical Manufacturing
Propose Maximum Achievable Control Technology for
Dry Cleaners (per court order)
Finalize List of High Risk Pollutants (Lesser
Quantity Cutoff, 90%/95% Early Reductions)
Title IV - Acid Rain:
Finalize Regulations for Auctions and Sales
Title V - Permits:
Finalize State Permit Regulations
Propose Federal Permit Regulations
Title VI - CFCs:
Ban Nonessential Uses
Finalize Mobile Air Conditioning Recycling Regulations
Title VII - Enforcement:
Propose Rules for Field Citation Program
Propose Rules for Contractor Listing
Revise Two- Year Implementation Strategy
Title I - Nonattainment:
Finalize PM-10 Area Rectifications
Title IV - Acid Rain:
Propose List of Phase II Utility Allowances
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Communications Focus
Regulatory Activities
Enforcement :
JAN
1992
FEE
1992
MAR
1992
APR
1992
MAY
1992
JUNE
1992
JULY
1992
Title III - Air Toxics:
Propose Standards for Small Municipal Waste
Combustors
Title VII Enforcement:
Finalize Administrative Penalties Rules of Practice
Title III - Air Toxics:
Propose Maximum Achievable Control Technology for
Chromium Electroplating
Title VII Enforcement:
Propose Monetary Awards Rules
Title III - Air Toxics:
Propose Maximum Achievable Control Technology for
Commercial Sterilizers
Title III Air Toxics:
Propose Maximum Achievable Control Technology for
Asbestos
Title I Nonattainment:
Finalize PM-10 Reasonably Available Control
Measures/Best Available Control Measures Guidance
Finalize Revisions to New Source Review Program
Finalize Rules for Ozone, NOx, VOC Enhanced
Monitoring
Title II Mobile Sources:
Finalize Emission Control Diagnostic Rule
Publish Mobile-Source Related Air Toxics Study
Title III Air Toxics:
Finalize Guidance for Modification Provisions
Title IV Acid Rain:
Finalize Emission Trading System
Finalize Continuous Emission Monitor Requirements
Finalize NOx Requirements for Utility Boilers
Finalize Conservation and Renewable Incentives
Finalize Acid Rain Permit Program
Title V - Permits:
Finalize Federal Permit Program
Title VI - CFCs:
Finalize CFC and HCFC Labelling Regulations
Title VII - Enforcement:
Propose Rules for Compliance Certification
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Communications Focus
Regulatory Activities
Meeting the Deadlines
m WP v*e0»» •/»* <»
AUG
1992
SEPT
1992
OCT
1992
NOV
1992
DEC
1992
Title I - Nonattainment:
Publish 1991 Air Quality Data
Title VII - Enforcement:
Finalize Guidance/Rules for Citizen Suits
Title III - Air Toxics:
Finalize Maximum Achievable Control Technology for
Coke Ovens
Title I - Nonattainment:
Finalize Tank Vessel Rule
Finalize Rules for Economic Incentives Program
Propose First Set of NSPS Rules
STATES Submit RACT Catch-up Rules, NSR Rules, CO
Attainment Demonstration, and Contingency Measures
STATES Submit Base Year Ozone/CO Emission
Inventories
Title II - Mobile Sources:
Finalize Clean-Fuel Vehicle Standards
Determine Significance of Non-road Engine
Emissions
Title III - Air Toxics:
Finalize Maximum Achievable Control Technology for
Dry Cleaners (per court order)
Finalize Maximum Achievable Control Technology for
Hazardous Organic Chemical Manufacturing
Finalize Regulatory Schedule for All Source Categories
Finalize List of Substances for Accidental Releases
Prevention Program
Title VI - CFCs:
Finalize Safe Alternatives Program
Title VII - Enforcement:
Finalize Guidance/Rules for Field Citation Program
Finalize Guidance/Rules for Contractor Listing
Finalize Rules for Monetary Awards
Title III - Air Toxics:
Finalize Standards for Small Municipal Waste
Combustors
Title IV - Acid Rain:
Finalize List of Phase II Utility Allowances
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IMPLEMENTATION
STRATEGY
FOR THE
CLEAN AIR ACT AMENDMENTS
OF 1990
United States Environmental Protection Agency
Office of Air and Radiation
January 15,1991
(Printed on recycled paper)
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TABLE OF CONTENTS
1.0 Implementation Overview 1
2.0 Clean Air Act Implementation Principles 3
3.0 Policy 7
4.0 Building Consensus 9
4.1 Communication Activities 9
4.2 Joint Venture 10
4.3 Consultation 11
5.0 The Regulatory Process 13
6.0 The Regulatory Agenda: The First Two Years 17
6.1 Title I Nonattainment 25
6.2 Title II - Mobile Sources 27
6.3 Title III - Hazardous Air Pollutants 30
6.4 Title IV - Acid Deposition 34
6.5 Title V - Permits 35
6.6 Title VI - Stratospheric Ozone Protection 38
6.7 Title VII - Enforcement 40
6.8 Title VIII - Miscellaneous 41
6.9 Title IX - Clean Air Research 42
6.10 Other Titles 43
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APPENDICES
Appendix A: Additional Information Sources A-l
Appendix B: Title-By-Title Statutory Requirements B-l
Appendix C: EPA Headquarters and Regional Offices C-l
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FIGURES AND TABLES
Figure 1 Implementation Principles for the Clean Air Act
Amendments of 1990 5
Figure 2 Regulatory Development Overview 15
Figure 3 Clean Air Act Amendments of 1990
Implementation Schedule Highlights: The First Two Years 19
Figure 4 Title III: Air Toxics 31
Figure 5 Title V: Operating Permits 37
Appendix B
Figure B-l Title I: Nonattainment B-l
Figure B-2 Title I: Ozone/CO Designation and Classification B-2
Table B-l Classification of Areas B-3
Figure B-3 Requirements for Ozone Plans B-4
Figure B-4 Requirements for CO Plans B-5
Figure B-5 Ozone/CO SIP Control Strategy B-6
Figure B-6 Title II: Mobile Sources B-7
Figure B-7 Title III: Hazardous Air Pollutants B-8
Figure B-8 Title III: MACT/GACT (2-Year Standards) B-9
Figure B-9 Title IV: Acid Rain B-10
Figure B-10 Title IV: SO2 Allowance Allocation/Trading B-ll
Figure B-ll Title IV: Emissions Monitoring B-12
Figure B-12 Title IV: NOx Reductions B-13
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Figure B-13 Title V: Perm, s B-14
Figure B-14 Title V: Permit Program Startup B-15
Figure B-15 Title V: Permit Program Oversight B-16
Figure B-16 Title V: Permit Regulation Development B-17
Figure B-17 Title V: Permit Program Implementation Support B-18
Figure B-18 Title VI: Stratospheric Ozone Protection B-19
Figure B-19 Title VII: Provisions Relating to Enforcement B-20
Figure B-20 Title VII: Administrative Enforcement Program B-21
Figure B-21 Title VII: Compliance Certification Program B-22
Figure B-22 Title VII: Other Enforcement Programs B-23
Figure B-23 Title VIII: Miscellaneous B-24
Figure B-24 Title IX: Clean Air Research B-25
Figure B-25 Title XI: Clean Air Employment Transition Assistance B-26
Appendix C
Figure C-l Office of Air and Radiation Organizational Chart . . . . < C-4
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Implementation Overview
IMPLEMENTATION STRATEGY FOR
THE CLEAN AIR ACT AMENDMENTS OF 1990
1.0 IMPLEMENTATION OVERVIEW
When President Bush signed into law the Clean Air Act Amendments of 1990 on
November 15, 1990, he stated, " Today, we add a long-awaited and long-needed chapter
in our environmental history, and we begin a new era for clean air." Truly, this law
represents the most significant piece of environmental legislation ever passed to control
air pollution. It directs the United States to implement strong environmental policies
and regulations that will ensure cleaner air for all Americans. To achieve this goal, the
Environmental Protection Agency's (EPA) implementation strategy will not only employ
traditional approaches for controlling air pollution, but also strive to harness the power
of the marketplace, encourage local initiatives, and emphasize pollution prevention.
These efforts will be structured to achieve environmental benefits in a cost-effective
manner, ensuring consistency with national energy and economic policies.
The Clean Air Act Amendments of 1990 signify a new era in environmental
regulation, offering solutions to some of the most resistant environmental problems by
promoting the use of innovative regulatory approaches. The EPA Administrator,
William K. Reilly, has stated that, once fully implemented, the Amendments will:
o Remove 56 billion pounds/year of pollution from the air (224
pounds/year for every man, woman, and child in the United States);
o Reduce by 50% emissions causing acid rain;
o Reduce by 75% emissions and resulting risks from toxic air pollutants;
o Result in cleaner cars, fuels, factories, and powerplants;
o Assure that all areas of the country meet the national ambient air
quality standards;
o Reduce damage to lakes, streams, parks, and forests;
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Implementation Strategy for the Clean Air Act Amendments of 1990
o Reduce oil imports significantly; and
o Reverse the historical degradation of visibility in the country's most
scenic areas.
This document outlines the overall implementation schedule for the statutory
requirements, summarizes regulatory efforts currently underway, identifies some of the
major issues that will be addressed early in the implementation process, and describes
the steps that the Agency is undertaking to ensure the efficient and effective
implementation of the legislation. Emphasis has been p! ->d upon the first two years
after enactment. More than 25 rules will be developed i: :ie first year and more than
55 in the first two years. Thus, activities undertaken in these years are critica. they will
lay the foundation for effective implementation of the Clean Air Act Amendments of
1990.
Planning to implement the Clean Air Act Amendments of 1990 is a dynamic
process. The EPA intends to review continually all activities undertaken to implement
the Amendments, assess their effectiveness, and make modifications as necessary. This
implementation strategy will be updated on an annual basis, with each revision focusing
on the forthcoming two-year period.
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Clean Air Act Implementation Principles
2.0 CLEAN AIR ACT IMPLEMENTATION PRINCIPLES
The EPA is committed to implementing the Clean Air Act Amendments of 1990
wisely, quickly, and effectively. To meet this goal, EPA has developed implementation
principles to guide the Agency as it turns the promise of the Clean Air Act Amendments
of 1990 into reality.
These implementation principles are presented in Figure 1. They emphasize
three areas. First, the Agency's policies will be developed to ensure a healthy
environment while supporting national economic and energy policies. Whenever
possible, traditional approaches to solving environmental problems will be supplemented
with broader use of market incentives and other innovative approaches. Second, EPA
recognizes that it cannot implement the Clean Air Act Amendments of 1990 alone;
effective rulemaking requires the greatest possible consultation and consensus. Many
steps are being initiated to ensure that the views of interested parties (e.g., state and
local governments, industry, environmental groups) will be presented to the Agency early
in the rulemaking process. Finally, internal Agency procedures will be modified to
ensure effective management of the implementation activities to meet the deadlines
specified by Congress.
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Implementation Strategy for the Clean Air Act Amendments of 1990
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Figure 1
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
IMPLEMENTATION PRINCIPLES
FOR THE CLEAN AIR ACT AMENDMENTS OF 1990
OFFICE OF
AIR AND RADIATION
PROMISE OF THE CLEAN AIR ACT
o "Every American expects and deserves to breathe clean air..."
President Bush
o These principles will guide us as we turn the promise of the Act into a
legacy of clean air.
POLICY
o Ef: Achieve and maintain a healthy environment, while supporting strong
and sustainable economic growth and sound energy policy.
o Market-based: Use market-based approaches and other innovative
strategies to creatively solve environmental problems.
BUILD CONSENSUS
o Joint Venture: Recognize the essential role played by state and local
governments.
o Consultation: Conduct early and frequent discussions with interested
parties, including other government organizations, industry, environmental
groups, and academics. Where appropriate, use negotiation techniques to
resolve critical issues.
o Federal Coordination: Work closely with other EPA offices, other Federal
agencies, and Congress to ensure a coordinated approach that will achieve
environmental objectives in the most efficient manner possible.
MANAGEMENT
o Deadlines: Establish and meet commitments to effectively implement key
provisions of the Act.
o Team Effort: Work together; attract and retain a diverse and talented
workforce.
Primed on Recycled Paper
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Implementation Strategy for the Clean Air Act Amendments of 1990
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Policy
3.0 POLICY
A major challenge of the Clean Air Act Amendments of 1990 will be to develop
programs that provide environmental protection while fostering continued economic
growth and sound energy policy. The Clean Air Act Amendments of 1990 offer
incentives, choice, and flexibility to achieve ambitious environmental goals at the lowest
cost to society. The EPA's policies will include making full use of innovative market-
based approaches. The Amendments create incentives to utilize resources in the
cleanest, technologically feasible manner; at the same time, they offer inducements to
increase energy conservation. If successfully implemented, the law will serve as a model
for regulatory reform, leading to the widespread use of market approaches here and
abroad.
Several progressive and creative new themes are embodied in the Clean Air Act
Amendments of 1990. Specifically, the new law:
o Encourages the use of market-based principles and other innovative
approaches, such as performance-based standards and the banking and
trading of emissions;
o Provides a framework to promote the use of cleaner fuels by setting
standards that can be met through the most cost-effective combination of
fuels and technology in centrally-fueled fleets in the worst nonattainment
areas and in a California pilot program;
o Promotes the use of clean low sulfur coal and natural gas, as well as
innovative technologies to clean high sulfur coal through the acid rain
program; and
o Promotes energy conservation.
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Implementation Strategy for the Clef ir Act Amendments of 1990
Pollution prevention activities as well as early emission reductions will be
emphasized throughout the implementation of the Clean Air Act Amendments of 1990.
For example, in controlling emissions of hazardous air pollutants, industries will be
encouraged to use the provisions which allow an alternative compliance date in exchange
for voluntarily implementing an early emission reduction program. Effective
implementation of this provision will allow industry flexibility in achieving emission
reductions and will result in early environmental benefits.
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Building Consensus
4.0 BUILDING CONSENSUS
The regulatory timeframes identified in the Clean Air Act Amendments of 1990
are ambitious, but achievable. These timeframes, however, can only be effectively met if
consultation with interested parties on regulatory issues is begun early. The EPA
recognizes that it cannot achieve the goals of the Amendments alone; effective
rulemaking on tight timetables requires the greatest possible consensus. Standard notice
and comment procedures will, of course, be the principal avenue for formal public
participation in developing regulations. A number of additional activities, however, are
planned to ensure that all possible routes of consultation are used. Critical players will
include state and local governments, Administration officials, labor, industry, academia,
and environmental groups. Many steps have been initiated to educate and involve all
interested parties who wish to participate in the regulatory process. These activities are
briefly described below.
4.1 Communication Activities
A key first step in building consensus is educating the public about the statutory
requirements of the Clean Air Act Amendments of 1990. The EPA has initiated a series
of efforts to communicate information to all key audiences, including state and local
officials (including, but not limited to, air pollution control officials, governors, state
legislators, state attornies general, mayors, and other local officials); regulated and
affected businesses (both small and large); public interest groups, environmentalists,
labor unions, citizen groups and members of the general public; other federal agencies;
Members of Congress and their staffs; the international community; and the research and
academic communities.
Critical to the outreach effort is a series of national and regional workshops to
explain the Clean Air Act Amendments of 1990 to target audiences. In November 1990,
EPA cosponsored a national videoconference with the Public Broadcasting System to
discuss the impacts of the Amendments on small businesses. The EPA is currently
working with the Air and Waste Management Association and the American Bar
Association to hold a similar videoconference for business and other interested parties
on February 21, 1991. The EPA is also cosponsoring a series of at least ten regional
workshops with the American Lung Association and the State and Territorial Air
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Implementation Strategy for the Clean Air Act Amendments of 1990
Pollution Program Administrators/Association of Local Air Pollution Control Officials.
Beginning in January 1991, these one and one-half day long conferences will enable state
and local officials, the general public, members of the regulated community and others to
discuss the Clean Air Act Amendments of 1990 and issues related to its implementation.
The EPA's communication efforts also include the development and dissemination
of documents outlining the provisions in the Clean Air Act Amendments of 1990. These
include detailed and summary overviews of the new law. A list of the documents that
are currently available is presented in Appendix A. The EPA is also exploring other
methods of outreach to the interested public, including citizen guides, videotapes, and
journal articles.
In addition to its initial educational efforts, EPA recognizes the need for
communication activities to continue throughout implementation of the Clean Air Act
Amendments of 1990. Thus, EPA officials will continue making many presentations
around the country about the new law and the Agency's efforts to implement it. To the
extent possible, many of the outreach efforts will focus on upcoming regulatory efforts
and the need to build consensus and educate the public about impending regulatory
actions.
4.2 Joint Venture
A critical role will be played by state and local governments during the
implementation of the Clean Air Act Amendments of 1990. Successful implementation
requires a joint effort by federal, state, and local governments. The Agency will work
closely with state and local agencies in all aspects of implementation, particularly in
those programs for which state and local governments are responsible. The EPA plans
to develop the tools, guidance, training and rules, as well as provide funds, that will
enable states to perform such critical activities as developing operating permit programs
and creating emissions inventories. The EPA recognizes that state and local agencies
have valuable and extensive experience in many areas (e.g., permitting). Therefore, the
Agency will request state and local participation in many EPA work groups on specific
regulations, guidelines, and studies.
As appropriate, model legislation will be developed to assist state agencies that
will require new legislative authority in order to implement various requirements of the
new law. In addition, EPA will continue to provide technical assistance to states through
10
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Building Consensus
such programs as the National Air Toxics Information Clearinghouse, the Control
Technology Center, and the Air Risk Information Support Center.
4.3 Consultation
In order to meet tight timelines required by statute, consultation with critical
players must begin early. The EPA is planning to conduct early and frequent discussions
with interested parties in three ways: (1) committees established under the Federal
Advisory Committee Act (FACA); (2) formal negotiated rulemakings; and (3) informal
discussions. Representatives for various groups will be selected from all interested
sectors, including industry, state and local governments, labor, agriculture, environmental
groups, citizen groups, and academia. These consultations are not intended to obviate
the standard notices of proposed rulemakings and comment periods undertaken through
the Administrative Procedures Act. Rather, these efforts will supplement and enhance
standard procedures.
The EPA is currently involved in several committees constituted under FACA.
These committees are divided by the primary type of advice that is given: technical or
policy. All meetings held by FACA committees are open to the public.
The technical advisory groups utilized by EPA include: the National Air Pollution
Control Techniques Advisory Committee (NAPCTAC), the Clean Air Scientific Advisory
Committee (CASAC), and the Science Advisory Board (SAB). The NAPCTAC advises
EPA on the economic and technological feasibility of alternative air pollution control
techniques. It also reviews EPA information documents on control techniques for
sources regulated under sections 111 and 112 of the Clean Air Act. The CASAC advises
the Agency on technical issues relating to the national ambient air quality standards
(NAAQS). It reviews the scientific basis for the levels of the primary and secondary
NAAQS, advises EPA on the effects of various attainment strategies, and suggests
research projects. This committee is part of a broader Science Advisory Board which
provides scientific and technical advice on a variety of subjects including, but not limited
to, risk assessment, exposure modeling, and monitoring.
The Stratospheric Ozone Protection Advisory Committee (SOPAC) and two new
committees established by EPA for the Clean Air Act Amendments of 1990 - the Clean
Air Act Advisory Committee (CAAAC) and the Acid Rain Advisory Committee
(ARAC) - have been established primarily to provide policy advice to the Agency. The
SOPAC provides policy and technical advice to EPA on its program to implement the
11
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Implementation Strategy for the Clean Air Act Amendments of 1990
Montreal Protocol and protect the stratospheric ozone layer. The CAAAC is currently
being established. It will provide policy advice on EPA's regulatory and programmatic
strategies for implementing the Clean Air Act Amendments of 1990. Finally, the ARAC
will provide policy and technical advice to EPA to aid in the development of the new
acid rain program. An initial meeting was held in mid-December 1990 with the full
ARAC. Four ARAC subcommittees have been established to focus on the following
areas: (1) the allowance trading and tracking system; (2) permitting and technology; (3)
emissions monitoring and tracking; and (4) energy conservation and renewables.
The Agency may also elect to use a formal negotiated rulemaking procedure,
commonly referred to as "reg neg". Under this process, . )mmittee is established under
FACA that fairly represents all interest groups. Issues ;. .dentified and resolved in a
collective manner. The regulatory negotiation process a; .-ws interested parties to have a
more direct input into the drafting of regulations, thus ensuring that the rule is more
sensitive to the needs and restrictions of both the parties and EPA. Rules drafted by
negotiation have been found to be more pragmatic and more easily implemented at an
earlier date, thus providing the public with the benefits of the rule while minimizing the
negative impact of a poorly conceived or drafted regulation.
The regulatory negotiation process is usually effective where the standard(s) have
a broad impact, where the participants have an incentive to negotiate, where issues are
complex, and where interest can be identified and represented. In the past, EPA has
successfully used this process to develop air pollution control standards for woodstoves
and equipment leaks at chemical plants.
Finally, a third forum for consultation will be informal discussions with interested
parties. The EPA is committed to sharing information with, and soliciting informatio ;
from, interested parties early in the regulatory development process. Therefore, info: nal
meetings will be held on specific issues on an ad hoc basis. For example, a meeting was
held in early December with representatives from industry, state and local governments,
as well as environmental groups, to discuss the permit regulations being developed under
Title V. Similar meetings will be held in the future, as appropriate, to discuss specific
regulations and associated issues, and to provide public perspectives to EPA as it
deliberates on proposed regulations.
12
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The Regulatory Process
5.0 THE REGULATORY PROCESS
The EPA has traditionally followed a standard process for developing regulations.
This process is illustrated in Figure 2. The public is informed of a proposed Agency
action through a notice of proposed rulemaking. Public comments are solicited at the
time this notice is published in the Federal Register. These comments are considered as
EPA finalizes the regulations.
The Clean Air Act Amendments of 1990 require publication of over 25 rules in
the first year and over 55 rules within the first two years. The EPA's traditional process
will not suffice to meet the demands of issuing such a large number of regulations so
quickly. To meet the timeline required by the Clean Air Act Amendments of 1990, the
Agency has modified its internal process for reviewing regulations attendant to the
Amendments. The process changes include providing four different types of regulatory
review, eliminating a duplicative step in the process of achieving final Agency
concurrence on rulemakings, and using the EPA Steering Committee to resolve issues.
Early identification and resolution of issues is critical to meet the tight timetables
included in the Clean Air Act Amendments of 1990. The new rulemaking processes are
described fully in a report to the EPA Deputy Administrator identified in Appendix A.
The Agency has also developed an internal process for coordinating the multiple
regulations being developed by its various program offices that affect a given industry
sector (e.g., petroleum refineries), contaminant (e.g., lead), environmental resource (e.g.,
groundwater), or geographic area. This process, referred to as "regulatory clustering," is
designed to shift the regulatory development process from producing individual rules in
isolation to developing more integrated strategies for addressing environmental
problems. The goal is to "cluster" regulations and policies around well-defined
environmental problem areas and to develop an integrated strategy for each problem
area.
13
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Implementation Strategy for the Clean Air Act Amendments of 1990
As in the past, review of proposed and final regulations will be conducted by the
Office of Management and Budget (OMB) under Executive Order 12291. Given the
large number of rulemakings to be reviewed, EPA will make every effort to involve
OMB early in the rulemaking cycle by providing briefings and early drafts of rules
whenever possible. In addition, OMB officials will be invited to participate in the
aforementioned informal discussions throughout the rulemaking cycle.
14
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The Regulatory Process
Figure 2
REGULATORY DEVELOPMENT OVERVIEW
Workgroup Formulation
Agency
Workgroup
Preliminary
Studies
nformatkm Collection
and Analysis
Regulation
Development
Congressional
Mandate
OAR Review
and
Concurrence
OMB Review
and
Concurrence
Agency Review
and
Concurrence
ADMMSTRATOH
APPROVES AND
SK3NS AFTER
OMB CONCURS
Propose In
Ftdfrtl
Roalttar
Promulgate In
Aden/
ftog/stor
NPRM Notice of Propoaed Rulemaklng
NRM Notice ol Rulemaklng
OAR Office of Air and Radiation
OMB Office of Management and Budget
• Required for all major rules and selected
significant rules
15
-------
Implementation Strategy for the Clean Air Act Amendments of 1990
16
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The Regulatory Agenda: The First Two Years
6.0 THE REGULATORY AGENDA: THE FIRST TWO YEARS
The Clean Air Act Amendments of 1990 outline an enormous amount of
regulatory activity. Figure 3 indicates the major regulatory activities that will occur over
the next two years. As indicated in this figure, EPA's communication activities each
month will focus on the major regulatory activities proposed or finalized during that
timeframe.
Title-by-title timelines of the requirements of the Clean Air Act Amendments of
1990 are presented in Appendix B. All regulations identified will be proposed and
public comments will be solicited. Where a proposal date is not indicated in a timeline
contained in Appendix B, the regulation may have been proposed prior to enactment of
the Amendments, or a proposal date may not yet have been established by EPA. In
developing an implementation strategy, many specific requirements have been grouped
into broad work areas. Agency work groups with widespread participation have been
formed to address the activities within these broad work areas. To foster the activities of
the work groups, planning materials have been prepared for each of the major work
areas. Examples of these planning materials are shown in Appendix B following the
initial title-specific timelines. These planning charts provide work groups a means of
focusing their attention on developing overall programs to implement specific titles.
Planning charts have been developed for all major work areas. As work groups address
the various work areas, major issues are identified and surfaced for discussion and
resolution.
In addition to the timelines presented in Appendix B, a compilation of fact sheets
for the regulatory activities that will begin in the first two years is currently being
developed by the Agency. This compilation will be available by February 15, 1991.
Planning to implement the Clean Air Act Amendments of 1990 is a dynamic
process. The EPA intends to continually review all activities undertaken to implement
this law, assess their effectiveness, and make modifications as necessary. This
implementation strategy will be updated on an annual basis with each revision focusing
on the forthcoming two-year period.
17
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Implementation Strategy for the Clean Air Act Amendments of 1990
18
-------
The Regulatory Agenda: The First Two Years
Figure 3
CLEAN AIR ACT AMENDMENTS OF 1990
IMPLEMENTATION SCHEDULE HIGHLIGHTS: THE FIRST TWO
YEARS
Communications Focus
Regulatory Activities
Getting Started
State & Local
Responsibilities
Building Consensus
Voluntary Reductions
Permit Program
DEC
1990
JAN
1991
FEE
1991
MAR
1991
APR
1991
Title I Nonattainment:
Issue "Getting Started" Letter to Governors
STATES Submit Request/Justification for
5% Classification Adjustments
Publish Two- Year Implementation Strategy
Title I - Nonattainment:
Publish Notice of Initial PM-10 Moderate
Nonattainment Areas
Initiate Additional PM-10, SO2, Lead Designation
Process
Title I - Nonattainment:
Act on 5% Classification Adjustment Requests
Title I - Nonattainment:
STATES Submit Nonattainment Area Designations
Title III Air Toxics:
Publish Draft Chemical List Petition Procedures
Publish 90/95% Early Reduction Guidance
Propose List of High Risk Pollutants (Lesser
Quantity Cutoffs, 90-95% Early Reduction)
Title I - Nonattainment:
STATES Submit PM-10 Areas Unable to Attain by 1994
STATES Respond to List of PM-10, SO2, Lead
Nonattainment Areas
Title III - Air Toxics:
Publish Draft List of Source Categories
Title V Permits:
Propose State Permit Regulations
19
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Implementation Strategy for the Clean Air Act Amendments of 1990
Communications Focus
Regulatory Activities
Cleaner Cory and
Cleaner Fuels
MAY
1991
Title I - Nonattainment:
STATES' Deadline for Reasonably Available Control
Technology Requirements (Deficiency Corrections)
Notify STATES of Intent to Modify Suggested
Boundaries
Publish Guidance on Stationary Source CO Contributions
Finalize Criteria to Measure Ozone Transport
Title II - Mobile Sources:
Finalize Gasoline Reid Vapor Pressure Regulations
Finalize Tier I Car and Truck Standards
Propose Reformulated Gasoline Requirements
Propose Clean Fuels Fleet and California Pilot Credit
Programs
Propose Urban Bus Regulations
Propose Emission Control Diagnostic Rule
Title III - Air Toxics:
Propose Standards for Large Municipal Waste
Combustors
Publish Final Chemical List Petition Procedures
Title IV - Acid Rain:
Propose Regulations for Auctions and Sales
Title VI - CFCs:
Propose CFC Phase-out Regulations
protecting the
Ozone Layer
JUNE
1991
Title I - Nonattainment:
Propose PM-10 Area Reclassifications
Title VI - CFCs:
Propose Mobile Air Conditioning Recycling Regulations
As$lstiitg Small
Businesses
JULY
1991
Title I - Nonattainment:
Propose Revisions to New Source Review Program
Finalize Ozone, CO Nonattainment Boundaries
Finalize List of Additional PM-10 Nonattainment
Areas and SO2, Lead Designations
Title V - Permits:
Publish Guidance on State Assistance to Small
Businesses
Title VII - Enforcement:
Propose Administrative Penalties Rules of Practice
20
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The Regulatory Agenda: The First Two Years
Communications Focus
Regulatory Activities
Attainment of Air
Quality Standards
AUG
1991
Title I - Nonattainment:
Propose PM-10 Reasonably Available Control Measures/
Best Available Control Measures Guidance
Issue Transportation Planning Guidance
Publish Title I General Preamble
Publish 1990 Air Quality Data
Title II Mobile Sources:
Publish Marketable Gasoline Oxygen Credit
Guidelines
Title VII - Enforcement:
Propose Rules for Citizen Suits
Acid Rain
SEPT
1991
Title IV - Acid Rain:
Propose Emission Trading System
Propose Acid Rain Permit Program
Propose Continuous Emission Monitor Requirements
Propose NOx Requirements for Utility Boilers
Propose Conservation and Renewable Incentives
Title VI CFCs:
Finalize CFC Phase-out Regulations
Business Opportunities
in the Clean Air Act
OCT
1991
Title I - Nonattainment:
Publish VOC and CO Emission Inventory Guidance
Title II Mobile Sources:
Finalize Cold Temperature CO Standards
Publish Study on Non-road Engines
Title III - Air Toxics:
Propose Maximum Achievable Control Technology for
Coke Ovens
21
-------
Communications Focus
Regulatory Activities
One Year of Progress
Toward Cleaner Air
NOV
1991
Title I Nonattainment:
Propose Tank Vessel Rule
Publish Conformity Criteria
Publish Guidance on Control Cost-effectiveness
STATES Submit PM-10 State Implementation Plans
Publish Outer Continental Shelf Rule
Publish Guidance on Inspection/Maintenance
Programs
Publish Guidance on Transportation Control
Measures
Title II Mobile Sources:
Propose Clean Fuel Vehicle Standard
Finalize Vehicle Evaporative Emissions Regulations
Finalize Onboard Controls
Finalize Reformulated Gasoline Requirements
Finalize Urban Bus Regulations
Finalize Clean Fuels Fleet and California Pilot
Credit Program
Title III Air Toxics:
Publish Final List of Source Categories
Propose Guidance for Modification Provisions
Publish Draft Regulatory Schedule for All Source
Categories
Finalize Standards for Large Municipal Waste
Combustors
Propose List of Substances for Accidental Releases
Prevention Program
Propose Maximum Achievable Control Technology for
Hazardous Organic Chemical Manufacturing
Propose Maximum Achievable Control Technology for
Dry Cleaners (per court order)
Finalize List of High Risk Pollutants (Lesser
Quantity Cutoff, 90%/95% Early Reductions)
Title IV - Acid Rain:
Finalize Regulations for Auctions and Sales
Title V - Permits:
Finalize State Permit Regulations
Propose Federal Permit Regulations
Title VI - CFCs:
Ban Nonessential Uses
Finalize Mobile Air Conditioning Recycling Regulations
Title VII - Enforcement:
Propose Rules for Field Citation Program
Propose Rules for Contractor Listing
ir. Toxics
DEC
1991
Revise Two-Year Implementation Strategy
Title I - Nonattainment:
Finalize PM-10 Area Rcclassilications
Title IV - Acid Rain:
Propose List of Phase II Utility Allowances
22
-------
Communications Focus
Regulatory Activities
Enforcement
TAN
J/\lN
1992
FEB
1992
MAR
1992
APR
1992
MAY
1992
JUNE
1992
JULY
1992
T"iilt» TTT A i w T"/-vij-I r*f >
title 111 - Air 1 oxics:
Propose Standards for Small Municipal Waste
Combustors
Title VII Enforcement:
Finalize Administrative Penalties Rules of Practice
Title III - Air Toxics:
Propose Maximum Achievable Control Technology for
Chromium Electroplating
Title VII Enforcement:
Propose Monetary Awards Rules
Title III - Air Toxics:
Propose Maximum Achievable Control Technology for
Commercial Sterilizers
Title III - Air Toxics:
Propose Maximum Achievable Control Technology for
Asbestos
Title I - Nonattainment:
Finalize PM-10 Reasonably Available Control
Measures/Best Available Control Measures Guidance
Finalize Revisions to New Source Review Program
Finalize Rules for Ozone, NOx, VOC Enhanced
Monitoring
Title II - Mobile Sources:
Finalize Emission Control Diagnostic Rule
Publish Mobile-Source Related Air Toxics Study
Title III - Air Toxics:
Finalize Guidance for Modification Provisions
Title IV - Acid Rain:
Finalize Emission Trading System
Finalize Continuous Emission Monitor Requirements
Finalize NOx Requirements for Utility Boilers
Finalize Conservation and Renewable Incentives
Finalize Acid Rain Permit Program
Title V - Permits:
Finalize Federal Permit Program
Title VI - CFCs:
Finalize CFC and HCFC Labelling Regulations
Title VII - Enforcement:
Propose Rules for Compliance Certification
23
-------
Communications Focus
Regulatory Activities
Meeting the Deadlines
in the Clean Air Act
AUG
1992
SEPT
1992
OCT
1992
NOV
1992
DEC
1992
Title I - Nonattainment:
Publish 1991 Air Quality Data
Title VII - Enforcement:
Finalize Guidance/Rules for Citizen Suits
Title III Air Toxics:
Finalize Maximum Achievable Control Technology for
Coke Ovens
Title I - Nonattainment:
Finalize Tank Vessel Rule
Finalize Rules for Economic Incentives Program
Propose First Set of NSPS Rules
STATES Submit RACT Catch-up Rules, NSR Rules, CO
Attainment Demonstration, and Contingency Measures
STATES Submit Base Year Ozone/CO Emission
Inventories
Title II Mobile Sources:
Finalize Clean-Fuel Vehicle Standards
Determine Significance of Non-road Engine
Emissions
Title III - Air Toxics:
Finalize Maximum Achievable Control Technology for
Dry Cleaners (per court order)
Finalize Maximum Achievable Control Technology for
Hazardous Organic Chemical Manufacturing
Finalize Regulatory Schedule for All Source Categories
Finalize List of Substances for Accidental Releases
Prevention Program
Title VI - CFCs:
Finalize Safe Alternatives Program
Title VII - Enforcement:
Finalize Guidance/Rules for Field Citation Program
Finalize Guidance/Rules for Contractor Listing
Finalize Rules for Monetary Awards
Title III - Air Toxics:
Finalize Standards for Small Municipal Waste
Combustors
Title IV - Acid Rain:
Finalize List of Phase II Utility Allowances
24
-------
The Regulatory Agenda: The First Two Years
In the subsections to follow, regulatory highlights and major issues that EPA will
focus on over the next two years are presented for each title. Additional information on
the statutory requirements have been summarized in several documents developed by
EPA as listed in Appendix A. For more information, a Headquarters or Regional EPA
office may be contacted (see Appendix C).
6.1 Title I - Nonattainment
Title I includes provisions for attaining and maintaining the national ambient air
quality standards (NAAQS). The NAAQS are set to protect public health and welfare
and have been established for six criteria pollutants (ozone, carbon monoxide, paniculate
matter, lead, sulfur dioxide, and nitrogen dioxide). Although significant improvements in
air quality have occurred since the Agency was created twenty years ago, millions of
people still live in urban areas which do not meet the NAAQS. This results in adverse
human health effects such as respiratory illness and premature mortality, and in adverse
environmental effects such as impairment of visibility, reduction in crop yields, and forest
damage. A summary of the actions required by the title between now and the year 2010
is presented in Figure B-l found in Appendix B.
The various actions required under Title I have been grouped into several major
work areas, as follows:
o Designation and classification of areas;
o State implementation plan (SIP) control strategy development;
o Emission inventory and modeling;
o SIP procedures and permits;
o Federal measures;
o Tracking progress/sanctions and federal implementation plans;
o Ozone Transport Commission; and
o Special studies.
Two of these work areas have been selected to illustrate EPA's planning efforts for Title
I: designation and classification of areas and SIP control strategy development.
The Clean Air Act Amendments of 1990 clarify how areas will be designated as
nonattainment and specify procedures to define the boundaries of these areas. Figure
B-2, found in Appendix B, presents an example of the planning materials developed for
the designation/classification process. The various regulatory activities required by the
25
-------
Implementation Strategy for the Clean Air Act Amendments of 1990
Clean Air Act Amendments of 1990 have been identified below the timeline. Activities
needed to make the required regulatory activity happen are identified above the timeline.
Nonattainment areas are classified for ozone, carbon monoxide, and particulate
matter in accordance with the severity of the air pollution problem. (See Table B-l in
Appendix B.) Depending upon the degree to which an area exceeds the standard, that
area will be required to implement various control programs and achieve attainment of
the NAAQS within a specified timeframe. For example, Figures B-3 and B-4 in
Appendix B identify the state implementation plan (SIP) requirements for the various
ozone and carbon monoxide nonattainment areas, respectively.
The Amendments allow some discretion in the classification of areas (5 percent
adjustment criteria) and the setting of geographical boundaries for the nonattainment
area. In applying this discretion, EPA must address several issues, including:
o How can consistency be ensured in boundary determinations across the
country and for different pollutants?
o Should these boundaries conform to recognized political/administrative
boundaries?
o What criteria will be used to approve or disapprove requests to change
area classifications?
Figure B-5 in Appendix B presents activities over the next sev il years related to
ozone and carbon monoxide SIPs. An important early deadline for State air pollution
control agencies is six months after enactment - May 15, 1991. At this time, all states
with ozone nonattainment areas designated before November 15, 1990, must revise their
SIPs to reflect required stationary and mobile sources and submit them to EPA.
Stationary source control measures required are the reasonably available control
technology (RACT) "fix-ups".
Mobile source control measures include vehicle inspection and maintenance
(I/M) programs to reduce carbon monoxide and precursors to ozone. Under the new
law, I/M programs will be required in approximately 110 nonattainment areas. Forty of
these areas do not presently have an I/M program. Basic I/M programs will be required
in all moderate ozone nonattainment areas and enhanced I/M programs will be required
in serious, severe, and extreme nonattainment areas. Enhanced I/M programs will be
26
-------
The Regulatory Agenda: The First Two Years
required to achieve emissions reductions greater than the current, or basic, programs.
One of the most common ways to enhance a program is, in addition to the usual tailpipe
emissions test, to check whether emissions control components have been tampered with
or removed.
Annual inspections and centralized programs are required by the Clean Air Act
Amendments of 1990 unless a state can demonstrate that biennial or decentralized
programs are equally or more effective. The EPA is required to review, revise, and
republish Federal guidance on I/M programs within 12 months of enactment. The
Agency currently anticipates publishing this guidance earlier than required in order to
provide state agencies more time to obtain additional legislative authority, if needed.
Major near-term issues that surface with respect to the required SIP revisions
include:
o How can those states which earlier failed to effectively implement similar
requirements, be encouraged, within the short timeframe allowed, to adopt
major SIP revisions?
o How should EPA effectively deal with an area which fails to meet the
required deadline?
Several issues will need to be resolved by EPA with respect to I/M programs,
including:
o Can decentralized programs be established so that they are as effective as
centralized programs?
o What is the best mechanism to implement the "on-road testing" required by
the Amendments?
o Can biennial inspection programs be established so that they are as
effective as annual programs?
6.2 Title II - Mobile Sources
Title II of the Clean Air Act Amendments of 1990 contains provisions relating to
the control of mobile source emissions. Cars and trucks currently account for
approximately 50% of the ozone precursors (volatile organic compounds and nitrogen
27
-------
Implementation Strategy for the Clean Air Act Amendments of 1990
oxides) and up to 90% of the carbon monoxide emissions in urban areas. The principal
reason for this problem is the rapid growth in the number of vehicles on the roadways
and the total miles driven. This growth has offset a large portion of the emission
reductions gained from motor vehicle controls in effect to date.
Figure B-6 in Appendix B illustrates the deadlines for the mobile source
requirements identified in the Clean Air Act Amendments of 1990. Specific areas that
will be addressed in the first few years by EPA include: more stringent tailpipe
standards, reformulated gasoline, an oxygenated fuels program for carbon monoxide
nonattainment areas, a California clean car pilot program, and a clean fuels program for
vehicle fleets in 22 of the worst air pollution areas.
Passenger car standards have not changed since 1981, though control technology
and reliability have advanced dramatically. Therefore, the new law establishes tighter
tailpipe emissions standards for hydrocarbons, carbon monoxide, and nitrogen oxides.
The Tier I standards are to be phased-in beginning with vehicles produced in model year
1994. By the end of 1999, the Agency will determine the need, cost, and feasibility of
additional Tier II standards for vehicles produced in model year 2004 and later. The
new law also extends the useful life requirements for passenger cars from 5 years/50,000
miles to 10 years/100,000 miles. In addition, for the first time, EPA will establish a
tailpipe standard for carbon monoxide under cold temperature conditions.
Vehicle emissions resulting from gasoline evaporation during refueling will be
controlled. The EPA must also issue regulations to improve the systems which control
evaporative emissions when vehicles are in operation or parked.
New programs requiring cleaner (reformulated) gasoline will be initiated in nine
U.S. cities beginning in 1995. These cities are those with the worst ozone problems.
Additional ozone nonattainment areas may elect to "opt-in" to this reformulated fuels
program. Within one year of enactment, the Agency must promulgate regulations for
reformulated gasoline to be used in gasoline-fueled vehicles. These regulations must
require the greatest reduction in emissions of volatile organic compounds and toxic air
pollutants achievable considering costs, any air- or nonair-qualiry related health and
environmental impacts, and energy requirements.
The major issues to be addressed for reformulated gasoline include:
o How can an accurate baseline fuel best be established?
28
-------
The Regulatory Agenda: The First Two Years
o How can an adequate supply and distribution infrastructure for the
reformulated gasoline best be assured?
Fuel quality will also be controlled in 41 carbon monoxide nonattainment areas
during the winter months. This program is scheduled to begin November 1, 1992 and
will require fuel with a 2.7% oxygen content. However, EPA may delay the start of the
program by two years if the domestic supply and distribution capacity is insufficient. The
oxygenated fuels are to be sold for a minimum of four months of the year unless EPA
reduces the timeframe in response to a state request. Such a request must demonstrate
that, because of meteorological conditions, a reduced period will assure that there will be
no exceedences of the carbon monoxide standard outside of the reduced period. A key
issue to be addressed by the Agency in implementing this program will be the
establishment of the criteria EPA will use to modify the effective months of the
oxygenated fuels program.
Two clean fuel programs are identified in the Clean Air Act Amendments of
1990. "Clean fuels" include: compressed natural gas, ethanol, methanol, liquified
petroleum gas, electricity, reformulated gasoline, and possibly other fuels. The first
program is a California Clean Car pilot program. Requirements for this program will be
established by rule within two years of enactment. The law establishes emission
standards and allows the auto and fuel industries to determine whether to meet the
standards by vehicle controls, new fuels, or a combination of both technologies. The
program will be phased in beginning in 1996 with 150,000 cars and light duty trucks. By
1999, the program will expand to cover 300,000 cars per year. More stringent standards
(Phase II) will begin in 2001. States with serious, severe, or extreme ozone
nonattainment areas may elect to "opt-in" to the California program.
The second clean fuels program requires 22 areas having the worst air quality to
limit the mobile source emissions from centrally-fueled fleets of 10 or more. This
program will be phased-in beginning in 1998 unless the vehicles meeting these standards
are not being sold in California, in which case, the program will be delayed until 2001.
The EPA is to develop regulations on the general fleet program and credits program by
November 15, 1991. Through the credit program, credits may be issued for: (1) the
purchase of more clean-fuel vehicles than required; (2) the purchase of clean fuel
vehicles which meet more stringent standards; and (3) the purchase of vehicles in
additional vehicle categories. Within 24 months of enactment, the Agency will issue
regulations with respect to converting conventional vehicles to clean fuel vehicles.
29
-------
Implementation Strategy for the Clean Air Act Amendments of 1990
Section 177 of the Amendments allows states to adopt California's more stringent
tailpipe standards for cars sold within their boundaries. This option, currently being
considered by a number of states, may raise production and distribution problems for the
auto industry, as well as potential enforcement and compliance monitoring problems for
EPA and the states.
6.3 Title III - Hazardous Air Pollutants
According to industry estimates, more than 2.4 billion pounds of toxic pollutants
were emitted into the atmosphere in 1988. These emissions may result in a variety of
adverse health effects including cancer, reproductive effects, birth defects, and respiratory
illness. Only seven hazardous air pollutants were regulated under the previous Clean Air
Act.
Title III of the Clean Air Act Amendments of 1990 provides new tools for
controlling emissions of these pollutants. The title addresses not only routine but also
accidental releases of hazardous air pollutants. An overview of its basic requirement is
found in Figure B-7 in Appendix B. Emissions both from large and small facilities that
contribute to air toxics problems in urban areas will be addressed. As illustrated in
Figure 4, the new law restructures the process for developing hazardous air pollutant
emission standards for routine releases from stationary sources. For planning purposes,
implementation of this title over the next several years has been divided into seven major
work areas:
o Section 112 - Implementation and Guidance;
o Maximum Achievable Control Technology (MACT)/Generally Available
Control Technologies (GACT) (2-year standards);
o MACT/GACT (4-year standards) ;
o Air Toxics Studies;
o Section 129 - Solid Waste Incineration;
o State Enabling Activities; and
o Accidental Releases and Chemical Safety Board.
Planning materials to assist in structuring the work under Title III have been
prepared. Figure B-7 in Appendix B presents, over a five-year horizon, an example of
the planning materials developed for the two-year MACT/GACT standards. The various
regulatory activities required by the Clean Air Act Amendments of 1990 have
30
-------
The Regulatory Agenda: The First Two Years
1
Review
Review
Figure 4
TITLE III: AIR TOXICS
Pollutant
Lltt
Petition*
(llfflonti
\
Source
Category
UK
P PeUllons I
I ft |II»«n»irp<.«) •
Ranking
Regulatory
Agenda
MACT
Three Year
Compliance
Compliance
Extensions
Installation
of
Controls
|«
10E-MTrlgg«r Bu«d en impl* margin of ul*ty
B*nz*n« tf •ctolon rulM
Compllanct In 00 days or two VMrt
31
-------
Implementation Strategy for the Clean Air Act Amendments of 1990
been identified below the timeline. Activities needed to make the required regulatory
activity happen are identified above the timeline.
The statute establishes an initial list of 189 hazardous air pollutants. Petitions to
add or delete pollutants from this list may be submitted to the Agency beginning May 15,
1991. Using this list of pollutants, the Agency will publish, within one year of enactment,
a list of the source categories (major and area sources) for which emission standards will
be developed. Within two years of enactment, it will publish a schedule establishing a
date for the promulgation of these standards. Petitions may also be submitted to the
Agency to remove source categories.
For each listed source category, EPA will issue standards requiring the maximum
degree of emissions reduction that has been demonstrated to be achievable. These are
commonly referred to as maximum achievable control technology (MACT) standards.
The primary consideration in establishing these standards must be demonstrated
technology. Other considerations which may play some role in standard selection
include: costs, non-air quality health and environmental impacts, and energy
requirements. For area sources, EPA may elect to promulgate standards which provide
for the use of generally available control technologies or management practices (GACT).
As indicated in Figure 3, the first MACT/GACT standards will be proposed for coke
ovens in October 1991 and for chemical manufacturing and dry cleaners in November,
1991.
Efforts to achieve early environmental benefits are encouraged in Title III. For
example, industries will be encouraged to use the provisions which allow an alternative
compliance date in exchange for the implemention of an early emission reduction
program. Effective use of these provisions will allow industry flexibility in achieving
emission reductions and will result in early environmental benefits. As indicated in
Figure 3, EPA plans to issue guidance for sources interested in exercising this option in
the Spring of 1991. In addition, other compliance extensions may be granted as indicated
in Figure 4.
The standards developed under Title III to control hazardous air pollutants will
be enforced under the operating permit program required under Title V. Several issues
associated with developing emission standards include:
o What is the definition of "source" as it applies to the various provisions of
Title III?
32
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The Regulatory Agenda: The First Two Years
o What factors should be considered in differentiating between different
types and classes of sources in setting MACT/GACT standards?
o When should GACT versus MACT be used for area sources?
o How should guidance be developed on how to use the early emission
reduction provisions effectively in order to secure early emission reductions
in air toxic emissions?
o How "high" or "low" should the hurdle be for granting petitions to add or
delete pollutants from the list of hazardous air pollutants or to remove a
listed source category?
Title III contains provisions for EPA to perform studies on a variety of air toxics
problems such as deposition of toxic air pollutants into the Great Lakes, urban air toxics
concentrations, and the emissions of toxic air pollutants from electric utilities. Within
the first two years, EPA will establish an air toxics monitoring network around the Great
Lakes.
Section 129 of Title III includes provisions for a comprehensive regulatory
program for solid waste incinerators. In January 1991, the Agency promulgated
standards for large capacity (> 250 tons per day) municipal waste combustors (MWCs)
for most pollutants. Regulations for lead, mercury, and cadmium emissions from these
MWCs will be promulgated by November 1991. Standards for small capacity (< 250
tons per day) MWCs will be promulgated by November 1992. The EPA efforts will also
emphasize the development of regulations for medical waste incinerators, commercial/
industrial waste incinerators, and all other waste incinerators.
Title III also includes provisions to prevent accidental releases of hazardous air
pollutants. Implementation of the accidental release provisions will be the responsibility
of EPA's Chemical Emergency Preparedness and Prevention Office within the Office of
Solid Waste and Emergency Response. Within two years, the Agency will promulgate a
list of at least 100 chemicals which, if accidentally released, can seriously damage human
health or the environment. Threshold quantities will be established for these pollutants
taking into consideration toxicity, reactivity, volatility, dispersibility, combustibility, or
flammability. Based upon regulations finalized within three years of enactment, any
facility at which a listed pollutant is present at greater than a threshold quantity will be
33
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Implementation Strategy for the Clean Air Act Amendments of 1990
required to prepare and implement a risk management plan. The plan must address
how the facility will detect and prevent, or minimize, accidental releases.
Title III also creates the Chemical Safety and Hazard Investigation Board, an
independent safety board. The board will be responsible for investigating any accidental
release that results in a fatality or substantial property damage. It will also report
regularly to Congress and make recommendations to EPA and the Department of Labor
related to the preparation for, or prevention of, accidental releases.
Several major issues related to chemical accident prevention include:
o How best can overlapping issues be coordinated with the Department of
Labor?
o What is the best way to interface the requirements of Title III of the Clean
Air Act Amendments of 1990 with related provisions contained in Title III
of the Emergency Planning and Community Right-to-Know Act?
6.4 Title IV - Acid Deposition Control
Title IV of the Clean Air Act Amendments of 1990 addresses the control of the
pollutants associated with acid rain. The goal of this title of the Amendments is to
achieve a 10 million ton reduction of sulfur dioxide (SO2) and an approximately 2 million
ton reduction in nitrogen oxides (NOx), relative to 1980 levels. The focus of the acid
rain program is an innovative market-based emission allowance program which will
provide affected sources flexibility in meeting the mandated emission reductions. The
acid rain allowance trading program will be the first large-scale regulatory use of market
incentives, and is already being seen as a model for regulatory reform efforts here and
abroad. Figure B-9 in Appendix B illustrates the statutory requirements of this title.
Figure B-10 presents a timeline for activities related to the SO2 allowance and trading
provisions.
The EPA will allocate SO2 allowances to utilities in two phases:
o Phase I: Beginning in 1995, large, high-emitting coal-fired utility units will
be affected.
34
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The Regulatory Agenda: The First Two Years
o Phase II: Beginning in 2000, an additional 2000 utility units with an output
capacity of greater than or equal to 25 megawatts are included.
o Both phases require facilities to install continuous emission monitoring
systems to track progress and assure compliance. Figure B-ll in Appendix
B identifies the regulatory events associated with emissions monitoring.
The new law allows utilities to trade allowances within their systems and/or buy
or sell allowances to and from other affected sources. Each source must have sufficient
allowances to cover its annual emissions; if it does not, it becomes subject to excess
emissions fees and must offset the excess emissions in the following year. The EPA will
promulgate regulations for the allowance system within 18 months of enactment. The
Agency will take all available steps to facilitate active trading of allowances. This will
serve to minimize compliance costs, maximize economic efficiency, and allow for growth.
In addition, the allowance trading system incorporates an incentive for energy
conservation and technology innovation, both of which can lower the cost of compliance
and yield pollution prevention benefits.
When effectively implemented, Title IV of the Clean Air Act Amendments of
1990 will achieve a reduction in NOx of approximately 2 million tons. Specifically, the
statute requires EPA to establish stringent new NOx emissions rates for various types of
utility boilers. The rates are to be set at a level expected to be achievable through the
use of low NOx burner technology and will be phased-in. Figure B-12 presents the
major activities and timing associated with the NOx provisions.
Key issues associated with implementing Title IV include:
o What is the most effective way to use allowance trading and tracking
procedures, as well as emissions monitoring, to achieve the economic,
technological innovation, and energy efficiency benefits of the program?
o How best can permitting procedures and emissions monitoring provisions
be established to ensure accountability and confidence that emissions
reductions are occurring on time?
6.5 Title V - Permits
The Clean Air Act Amendments of 1990 establish a comprehensive operating
permit program for air emissions. It is modelled after a similar program established
35
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Implementation Strategy for the Clean Air Act Amendments of 1990
under the Federal National Pollution Elimination Discharge System (NPDES), and
brings air pollution legislation in line with other environmental statutes (e.g., the Clean
Water Act).
The purpose of the operating program is to put in one place all of the
requirements concerning air emissions that apply to affected sources. When fully in
place, these permits will ensure that sources are not being subjected to conflicting
requirements and that all parties have a clear picture of those requirements.
The permit program contained in Title V provides the building block for
implementing major portions of the Clean Air Act Amendments of 1990. Figure 5
provides an illustration of the links between the permit program, several titles of the new
legislation, and ongoing air pollution control programs. Implementing the permit
program must entail close coordination with all of these programs.
Figure B-13 presents a timeline for Title V regulatory activities (see Appendix B).
Major work group areas through which EPA plans to implement these activities include:
o Permit Regulation Development
o Permit Program Start-Up
o Permit Program Oversight
o Permit Program Implementation Support
Planning material for carrying our these major work areas are contained in Appendix B,
Figures B-14, B-15, B-16, and B-17.
The permit program is one of the most important procedural reforms contained in
the new law. The EPA will develop program regulations within one year following
enactment defining the minimum elements required in a state operating permit program.
State agencies have three years from enactment to submit a permit program to EPA for
approval. The EPA has one year to approve or disapprove a program. The operating
permit program will enable states to collect permit fees from the affected sources to
cover reasonable direct and indirect operating costs for the permit program. A permit is
to be issued for a fixed term, not to exceed five years. Though administration will be
conducted by states with approved programs, EPA will still assume federal oversight
responsibilities and all permits will be subject to public comment.
36
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The Regulatory Agenda: The First Two Years
Figure 5
TITLE V: OPERATING PERMITS
Title IV
Acid Rain
Existing
SIP Program
Title I
Nonattainment
Title
Air Toxics
TITLE V
PERMIT PROGRAM
State
Permit
Programs
Title VII
Enforcement and
Compliance
37
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Implementation Strategy for the Clean Air Act Amendments of 1990
Title V also includes a provision requiring states to establish, as part of the SIP,
a small business stationary source technical and environmental compliance assistance
program. The program must be in place by November 1992. Within nine months of
enactment (August 1991), EPA will: (1) establish a program to assist states in
developing these small business assistance programs; (2) issue guidance for the states to
use during implementation of the programs, including guidance on alternative control
technologies and pollution prevention methods for small stationary sources; and (3)
provide for the implementation of the program if a state fails to submit a program. The
EPA Small Business Ombudsman will monitor the program and report to Congress on its
effectiveness.
Some of the major issues which must be addressed in implementing Title V
include:
o Program Scope - What sources should be considered and when?
o Program Startup - How can EPA effectively encourage early development
and approval of state programs?
o Operational Flexibility - What is the best way to ensure that the
requirements to issue operating permits do not unduly interfere with the
day-to-day operations of a source?
o SIP/Permit Program - How can EPA best ensure that permits will not
erode SIP demonstrations and that SIPs will not gridlock the permit
process?
o EPA Oversight - What is the most effective mechanism for EPA to provide
adequate oversight of permit programs managed by state agencies?
6.6 Title VI - Stratospheric Ozone Protection
In Title VI, the Clean Air Act Amendments of 1990 essentially codify and expand
upon the Revised Montreal Protocol that was negotiated by the United States to address
the depletion of the stratospheric ozone layer. Figure B-18 in Appendix B presents the
statutory requirements of this title. The law requires a complete phase-out of
chlorofluorocarbons (CFCs) and halons with interim reductions. Ozone-depleting
38
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The Regulatory Agenda: The First Two Years
substances will be grouped into two classes. Class I chemicals (CFCs, halons, and carbon
tetrachloride, and methyl chloroform) will be phased out by 2000, with the exception of a
methyl chloroform phaseout by 2002. Class II chemicals (hydrochlorofluorocarbons
(HCFCs)) will be phased out by 2030.
Regulations are required to reduce the use and emissions of Class I and Class II
substances to the "lowest achievable level" and to maximize the recapture and recycling
of these chemicals. The EPA will develop a regulation for the use and disposal of Class
I chemicals during the service, repair, or disposal of appliances and industrial process
refrigeration. This rule is scheduled to be promulgated by January 1, 1992 and to
become effective on July 1, 1992. A subsequent rule promulgated by November 15, 1994
will establish standards and requirements regarding all other uses and disposal of Class I
and II chemicals. In addition, the Clean Air Act Amendments of 1990 require EPA to
establish standards by November 15, 1991 for the recapture and recycling of refrigerant
during the service of motor vehicle air conditioners (MACs). By November 15, 1992, the
Agency will promulgate rules with respect to safe alternatives for Class I and II
chemicals. At this time, EPA will also publish a list of the substitutes prohibited for
specific uses and the safe alternatives identified for specific uses. Of key importance in
this program is the need to evaluate each alternative based on its overall impact on the
environment. The EPA will attempt to select alternatives that will maximize benefits,
minimize costs, avoid double chemical shifts, ensure safety, and enhance energy
efficiency.
Critical issues that must be assessed include:
o How may HCFCs be used to lower chlorine levels?
o How may the energy efficiency of substitutes be improved?
o How can disruptions to key user sectors be minimized?
o How can the global warming potential of substitues be minimized?
In addition, EPA will develop labeling regulations for products made with or
containing Class I and Class II chemicals. The Agency is also required to promulgate a
ban on nonessential products containing Class I chemicals by November 15, 1991.
39
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Implementation Strategy for the Clean Air Act Amendments of 1990
Title VI also requires EPA to prepare several reports on methane emissions,
technologies available to control these emissions, and the cost-effectiveness of various
control options.
6.7 Title VII - Enforcement
The EPA is committed to strong enforcement, and the Clean Air Act
Amendments of 1990 expand and enhance the tools available to the Agency. The new
law incorporates enforcement features of other recent environmental statutes, including
felony penalties for knowing violations of the Act and misdemeanor penalties for
negligent releases of hazardous pollutants. Figure B-19 in Appendix B presents a
timeline illustrating the statutory deadlines included in Title VII. Figures B-20, B-21,
and B-22 in Appendix B illustrate additional enforcement activities required by the
statute.
Under Title VII, EPA will have more administrative enforcement procedures
available to enable the Agency to respond more quickly to violations. The EPA will be
able to issue administrative enforcement penalties orders of up to $200,000, and to issue
administrative orders with compliance schedules of up to 12 months. Additionally, EPA
has the authority to establish, through regulation, a field citation program for minor
violations. These field citations for minor violations may be issued on site during an
inspection, for up to $5,000 per day of violation. Development of the field citiation
program will involve identifying violation types suited for field enforcement and
establishing the appropriate penalty levels.
The EPA also has expanded authority in the contractor li? uogram. For
example, the authority which excludes Clean Air Act violators fr leral government
contracts, grants, and loans has been expanded to apply to any fa .y owned or operated
by the violator. This could have broad implications for violating companies, as well as
for other Federal agencies which use those companies.
The Clean Air Act Amendments of 1990 have strengthened EPA's authority to
obtain reliable compliance data from the regulated industries. Titles V and VII of the
statute provide for certifications of compliance from sources, and give explicit authority
to EPA to develop regulations which require enhanced monitoring of stationary sources.
The EPA will need to define appropriate source categories to target for this enhanced
monitoring program, as well as appropriate monitoring methods. These requirements, as
implemented in part through the operating permit program, will facilitate compliance
40
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The Regulatory Agenda: The First Two Years
determinations, and give a more accurate picture of the compliance status of the
regulated community.
Finally, the Amendments significantly expand a citizen's authority to enforce
Clean Air Act requirements. Citizen suits may now include the assessment of civil
penalties, and EPA will be provided with sufficient notice to intervene in these suits. A
fund will be established from the ensuing penalties which EPA can use for air
compliance and enforcement activities. Hence, the Agency will need to establish
guidelines on the appropriate use of this fund. Further, the Clean Air Act Amendments
of 1990 provide for monetary awards of up to $10,000 to citizens who provide
information leading to a criminal conviction or a civil penalty.
Major issues associated with Title VII include:
o How should criteria for categorizing violations and setting penalties be
defined?
o What will be the scope of the field citation program?
o What should the criteria be for enhanced monitoring requirements and
over what timeframe will they be implemented?
o What will be the critieria for utilizing monies gained from citizen suits?
6.8 Title VIII - Miscellaneous
Title VIII of the Clean Air Act Amendments of 1990 includes various
miscellaneous provisions. Figure B-23 in Appendix B illustrates the requirements of this
title. Two key provisions address visibility and emissions from sources on the Outer
Continental Shelf. The visibility provision requires EPA to: (1) conduct research to
identify and evaluate those sources and source regions that either impair visibility or
provide predominantly clean air for Class I areas; and (2) assess the impacts of the
implementation of provisions of the Clean Air Act Amendments of 1990 as to the
progress and improvement of visibility in Class I areas. A visibility transport region may
be established when the Agency determines that current or projected interstate transport
of air pollutants from one or more states contributes significantly to visibility impairment
in Class I areas located in the affected states. A Grand Canyon Visibility Transport
Commission must be established by November 15, 1991.
41
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Implementation Strategy for the Clean Air Act Amendments of 1990
The Outer Continental Shelf provisions require EPA to promulgate regulations to
control air pollution for sources located offshore of the states along the Pacific, Atlantic,
and Arctic coasts as well as sources offshore of Florida on the United States Gulf Coast.
Title VIII also includes provisions related to several studies and reports.
Examples include a study of renewable energy and energy conservation incentives, a
study and test program on the development of a hydrogen fuel cell electric vehicle, and
an analysis of costs and benefits. For many of these efforts, EPA will consult with other
federal agencies. This title also establishes a program to monitor and improve air
quality in regions along the U.S./Mexico border.
6.9 Title IX - Clean Air Research
Title IX of the Clean Air Act Amendments of 1990 addresses air pollution
research areas including monitoring and modelling, health effects, ecological effects,
accidental releases, pollution prevention and emissions control, acid rain, and alternative
motor vehicle fuels. Figure B-24 in Appendix B presents the statutory requirements of
Title IX. The provisions require ecosystem studies on the effects of air pollutants on
water quality, forests, biological diversity and other terrestrial and aquatic systems
exposed to air pollutants; call for the continuation of National Acid Precipitation
Assessment Program (NAPAP); mandate the development of technologies and strategies
for air pollution prevention from stationary and area sources; and call for several major
studies. The EPA must improve methods and techniques for measuring individual air
pollutants and complex mixtures, and conduct research on long- and short-term health
effects, including the requirement for a new interagency task force to coordinate these
research programs. Finally, the Agency must develop improved monitoring and
modeling methods to increase the understanding of tropospheric ozone formation and
control.
To implement the research provisions, the EPA plans to conduct research in
emissions inventories, atmospheric modeling, source/ambient monitoring, control
technologies, health, and ecological monitoring. Both ecological and ambient monitoring
will be done jointly with other agencies who also need these data to meet their mission.
Other proposed work includes developing improved risk assessment methods,
maintaining existing networks or establishing new ones for aquatic and terrestrial effects
monitoring, and continuing work on deposition chemistry as required for the NAPAP
confirmation. Again, these efforts in particular will be supported, in part, by other
agencies.
42
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The Regulatory Agenda: The First Two Years
6.10 Other Titles
Title X addresses disadvantaged business concerns, and Title XI contains
provisions to provide additional unemployment benefits to workers laid off because of
compliance with the Clean Air Act through the Job Training Partnership Act. Figure B-
25 in Appendix B presents the requirements of Title XL
43
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APPENDIX A
ADDITIONAL INFORMATION SOURCES
-------
APPENDIX A
ADDITIONAL INFORMATION SOURCES
FOR THE CLEAN AIR ACT AMENDMENTS OF 1990
To obtain a copy of any of the references mentioned below, please circle the item
number and complete the following information:
NAME:
ORGANIZATION:
ADDRESS:
CITY, STATE, ZIP:
General References Available
1. The Clean Air Act Amendments of 1990: Summary Materials. U.S. EPA,
November 15, 1990. (20 pages; includes glossary, one page title summaries,
legislative chronology)
2. Clean Air Act Amendments of 1990: Detailed Summary of Titles. U.S. EPA,
November 30, 1990. (approximately 150 pages; includes a detailed summary for
all titles)
3. Report to the Deputy Administrator: Clean Air Act Implementation Task Force
(July 1990)
Enforcement
4. Impact of Title VII on EPA Enforcement (10/26/90).
5. Provisions Related to Enforcement (11/8/90).
6. Immediately Effective Provisions of Title VII (12/12/90).
A-l
-------
To receive copies of these documents, please send this form to:
U.S. EPA - Office of Air and Radiation
ANR - 443
401 M. Street, S.W.
Washington, D.C. 20460
A-2
-------
APPENDIX B
TITLE-BY-TITLE STATUTORY REQUIREMENTS
-------
Figure B - 1
Title I - Nonattainment
Designation/Classification
Boundaries - Serious and Up
Update transp. planning guidelines
Cost-Effectiveness Guidance
NOx, VOC Study
Marine Vessels Rule
Review existing CTGs
CTGs for 11 source categories
CTGs - aerospace/shipbuilding
ACT - 25 ton VOC, NOx sources
Ozone Design Value Study
NSPS Rules
Consumer Products Study
Consumer Products Rules
RACT Corrections SIP revision
I/M Guidance
Emissions Statement SIPs
New Source Review (ind. NOx) SIPs
Emissions Inventory
Plan for 15% Reduction in 6 years
ACT-exist. CTGs, maj. VOC.NOx sources
Stage 2 Vapor Recovery
Enhanced monitoring
Plan for 3% per year reductions
Attainment Demonstration
Enhanced I/M
VMT demonstration + Annual Updates
Special NSR rules
Economic Incentive Program
Measures to offset VMT growth
Plan for source fee if fail to attain
Employer vehicle occupancy TCM
Clean fuel/low NOx boilers
Convene NE transport commission
Enhanced I/M, RACT, Mod. area req.
Measures Comparable to Stage
Plan for Oxygenated Fuels Program
Emissions Inventory
Enhanced I/M
VMT Demonstration + Updates
Attainment Demonstration
Measures to offset VMT growth
RACM and BACM Guidance
Additional RACM/BACM Guidance
Designations
Attainment Demonstration SIP
Implement RACM
Plan for Permitting Major Source
Redesignation to Serious
BACM SIP
Attainment Demonstration SIP
Designation
Existing Area SIPs
91 92 93 94 95 96 97 98 99
Des gnations/Classificatiqns I
Federal Measures I
Promul- Othw Federal State
gallon Actlon-guld«nc«,«tc. Action
^jnffl.M
| Marginal Areas
| Moderate Areas
I Serious Areas I
//771^aoAttf erory yr
! I Transport Region
Carbon Monoxide
3 yra unfl ittiinm«nl
| Federal Actions
—; — :—•!—i—!- —i
| Moderate Areas |
SO2/NO2/Lead
B-1
-------
Figure B - 2
TITLE I
OZONE/CO DESIGNATION AND CLASSIFICATION
Guidance on
Appropriate
Boundaries
(AQMD/TSO)
Policy Memo on
Use of "Latest"
A.Q. Data
(AQMD/TSD)
Design Value
(TSD/AQMD)
Design Value
Memo
(TSD/AQMD)
Classification Adjustment
Criteria
(AQMD/TSD)
Guidance for Areas
Which Will Give 45-day
Notice RE: Changing MSA
Boundary
(AQMD/OCS/TSD)
Guidance for Rural
Transport Areas
(See Modeling)
(TSD/AQMD)
1yr|
2yr
3yr
4yr
Syr
Governor Gives Notice
Of Intent to Analyze
Boundaries
EPA Gives Notice of
Adjusted Classification
(5%)
Governor Submits List
of Area Designations/
Boundaries; and Gov
Requests Areas Which
Should Be Rural Transport
Administrator
Suspends
Requirements
for Transitional
Areas
EPA Gives Further
Notice of Adjusted
Classification (5%)
Publish Notice
of -
^Designations
Classifications
Submit Ozone Design Value
Study to Congress
Final Notice on
Boundaries
Notify Governor if
Changing Area
Designations/Boundaries
-------
Table B-l
CLASSIFICATION OF AREAS
CLASS
LEVEL - PPM
ATTAINMENT
DATE
Ozone
Carbon
Monoxide
Marginal
Moderate
Serious
Severe 1
Severe 2
Extreme
Moderate
Serious
.121 to .138
.138 to .160
.160 to .180
.180 to .190
.190 to .280
.280 and above
9.1 to 16.4
16.5 and up
3 years
6 years
9 years
15 years
17 years
20 years
12/31/95
12/31/00
For ozone and CO: Adjustment Possible Based On 5%
Rule; EPA May Grant Two One-Year Extensions of
Attainment Date
PM-.10
Moderate
Serious
N/A
N/A
12/31/94
6 years for future areas
12/31/01
10 years for future areas
Possible Extension of Attainment Date Up to Five Years
for Serious Areas
B-3
-------
Figure B - 3
REQUIREMENTS FOR OZONE PLANS
SEVERE
t
EXTREME
SERIOUS
TRAFFIC CTROLS DURING CONGESTION
CLEAN FUELS ROT FOR BOILER (PLAN IN 3 YRS)
NO WAIVERS FROM 15 OR 3% REDUCTION ROT
ROT FOR FEES.. MAJOR SOURCES IF FAIL TO ATTAIN
MEASURES TO OFFSET VMT GROWTH... DUE 2YRS
CONTINGENCY MEASURES IF -MILESTONE1 MISSED
MODERATE
MARGINAL
T
SHADING INDICATES ITEMS
THAT MAY REQUIRE NEW
STATE LEGAL AUTHORITY
SPECIFIC NSR REQUIREMENTS FOR EXISTING SOURCE MODS
VMT DEMONSTRATION (A TCM* IN NEEDED)...6 YRS
CLEAN FUELS PROGRAM (IF APPUGABLE)....42MOS
ENHANCED 1/M....DUE 2 YRS
DEMONSTRATION OF ATTAINMENT...4 YRS
PLAN FOR 3% ANNUAL AVERAGE REDUCTIONS-DUE 4YRS
BASIC I/M (IF NOT ALREADY REQUIRED)....IMMEDIATELY
STAGE II GASOLINE VAPOR RECOVERY.. J>UE 2 YRS
RACT -CATCHUPS', RACT ON MAJOR SOURCES....2 YRS
PLAN FOR 15% VOC REDUCTIONS WITHIN 6 YRS...DUE 3 YRS
NEW SOURCE REVIEW PROGRAM (INCLUDING CORRECTIONS)...2 YRS
RACT -FIXUPS-...6 MOS.
EMISSION INVENTORY DUE IN 2 YRS.
I/M CORRECTIONS...IMMEDIATELY
EMISSION STATEMENTS..2 YRS.
PERIODIC INVENTORIES
-------
Figure B - 4
REQUIREMENTS FOR CO PLANS
00
I
Ul
SHADING INDICATES ITEMS
THAT MAY REQUIRE NEW
STATE LEGAL AUTHORITY
SERIOUS
MODERATE
>
TCMS IN 2 YRS, TO OFFSET VMT
CLEAN FUEL FLEET PROGRAM (>16.0PPM)
ATTAINMENT DEMO IN 2 YSR. (>12.7PPM)
ENHANCED I/M IN 2 YRS, (>12,7PPM)
CONTINGENCY MEASURES IN 2 YRS. (>12.7PPM)
VMT FORCASTS & ANNUAL UPDATES (>12.7 PPM)
BASIC I/M, IF NOT PREVIOUSLY REQUIRED
OXYGENATED FUELS....MSA/CMSA
EMISSIONS INVENTORY...2 YRS; 3-YR UPDATES
-------
Figure B - 5
TITLE I
OZONE/CO SIP CONTROL STRATEGY
Guidance on CO demonstrations
and milestones (AQMD/TSD)
Guidance on significance of
stationary source CO
contributions
Issue "Getting Started"
guidance (AQMD)
Decision on schedule for
providing CTGs (see "Federal
measures") (AQMD/ESD)
New guidance -
•Stage II (ESD/AQMD)
•New RACT requirements
(ESD/AQMD/SSCD)
•Implement future CTGs.
(ESD/AQMD/SSCD)
•Enhanced I/M (OMS/OGC/AQMD)^
•Onboard diagnostics (OMS/OGC)
•Alternate fuels opt out (QMS)
•NOx altemdte fuels program
(Extreme areas) (QMS)
•Oxygen fuels programs
(OMS/RO/AQMD)
•Percent reduction calculation
(AQMD/OGC/OMS)
•TCM offsets (AQMD/OMS)
•Planning procedures
(AQMD/OGC/OPAR)
•NSR requirements (AQMD)
New guidance —
•Alternate fuels program (QMS)
•Consultation (Section 121)
(OGC/AQMD)
•Percent reduction calculation for
subsequent periods (<&: NCs/
substitutions) (AQMD/OGC)
•Extreme Ozone plan contents
(eq. commitments/contigency
measures) (AQMD/OGC/OMS)
•Contigency measures
(AQMD/OGC/OMS/OPAR)
J
1yr
2yr
3yr
4yr
5yr
SIP with -
•RACT corrections
Guidance on -
•Stage II as appropriate
•Basic I/M and I/M
corrections
•NCy substitution for
VOC may be Included
•Transportation planning
Promulgate conformity criteria
Publish draft EPA/NAS NOXAOC
study
TCM Guidance
Submit NOX/VOC studX to Congress |
SIP revisions to Include TCM program
Rule for enhanced monitoring
SIP wlth-
•Conformlty procedures
•Stage II (Moderate Ozone)
*RACT rules - VOC/NCy Non-CTG sources
•Enhanced I/M (Serious Ozone)
•Clean fuels substitution (Serious Ozone)
•Enhanced
I/M
(aiT
(CO)
•Oxy fuels (all CO areas)
•Attainment Demonstration (CO)
WMT SIP (CO)
•VMT SIP (Serious Ozone)
•NSR corrections
•Revised major source definitions (CO)
•Contigency measures (CO and Moderate Ozone)
•Needed changes to planning procedures
•Permits for new major sources (Ozone)
•Revision for blended gas (Serious CO)
•Revision to Include TCMs (Serious CO)
•Inclusion of emission source statements
Report to Congress on
Transportation Impacts
on Clean Air
EPA acts on request for
substitute for clean fuel
program
SIP with -
•NOX clean fuels
(Moderate Ozone)
•1555 reduction through 6th
year (Moderate Ozone)
•First emission source
statement (all areas)
I Rules for Economic Incentives Programs
SIP with -
•Attainment demonstration
•3% & milestones beyond 6 years
(Serious Ozone)
-------
Figure B - 6
Title II - Mobile Sources
Tier I Standards
Evaporative Emission Controls
Short FTP Test
Phase I Cold Temp. CO
Clean Fuel Fleet Credit Program
Onboard Vapor Recovery
Emission Control Diagnostics
CA Fuel Adoption Deadline
Voluntary Opt-in by Other States
Clean Fuel Vehicle Standards
Clean Fuel Conventional Vehicles
California Pilot Clean Fuel Prog
Report on CA Pilot Program
Urban Bus Retrofit Requirements
Urban Bus Standards
In-Use Urban Bus Testing
Gasoline Volatility
Marketable Oxygen Credits
Valve Wear Testing Rules
Reformulated Gasoline
Sulfur in Diesel Fuel
Detergents in Gasoline
Clean Fuel TCM Exemption
FTP Modifications
Mobile Source Toxics Study
Mobile Source Toxics Standards
Nonroad Emissions Study
Nonroad Emission Standards
Locomotive Standards
Rapeseed Oil Study
Phase 2 Cold CO "Trigger-
Tier II Report
Tier II Determination
94 .95 96 97 98
Proposal
Other Federal
Actton-guM*nc«,*tc.
B 7
-------
Figure B 7 Title III Hazardous Air Pollutants
Pollutant Petition guidance
List of major sources
Early reduction guidance
Modifications guidance
Schedule for standards
MACT for 41 source categories
MACT for 1st 25% categories
MACT for 2nd 25% categories
MACT for remaining categories
Residual risk 41 SC's
Residual risk 1st 25% categories
Residual risk 2nd 25% categories
Residual risk remaining SC's
Accidental release list/regs.
Chemical safety board report
Chemical process safety rule
Great Lakes study
Electric Utilities study
Mercury study
Hydrogen sulfide study
Hydrogen fluoride study
Coke oven study
Area source program study/list
NAS risk assessment study
EPA risk assessment study
Risk assessment commission
State program guidance
Mercury health threshold study
Status reports to Congress
Mun. Waste NSPS/EG >250 tpd
Mun. Waste NSPS/EG <250 tpd
Med. Waste Incin. NSPS/EG
Commercial/ind. incin. NSPS/EG
Schedule for incineration NSPS
Proposal Promulgation Other Federal State Action Source Action
Actions
B 8
-------
Figure B - 8
TITLE III
MACT/GACT (2-YEAR STANDARDS)
CD
I
CD
FR Proposal
(ESD)
OMB Review
Working group
closure
Engineering
St economic
analyses
(ESD)
I
Test Methods
CTSD)
OMB Review
Working Group
Closure
Enabling document
(ESD)
1yr
2yr
3yr
4yr
Syr
Final MACT standards for 40 source
categories and coke ovens
-------
Figure B 9
Title IV - Acid Rain
96 . 97 . 98 . 99 ,
Auctions/sales Regulations
Phase II Allowances
Compute Phase I Reserve
Allowance System Rules
Election Source Program
Energy Conserv ./Renewable Progrm
Issue Diesel Refin. Allowances
Allocate Phase I Reserve
Annual Allowance Allocation
NOx Allowable Limit Rules
NOx Alternative Limit Rules
NOx Emission Averaging Rules
Revise NOx Utility NSPS
Elect Repowering Extension
CCT Demo: NSPS, NSR
Repowering Permit Appl. Due
Repowering Exten. Rules
Final Repowering Exten. Due
CEM, Monitoring, Recordkeeping Rules
Sources Install CEMs
Acid Rain Permit Rules
Phase I Permits Due
State Permit Program Due
Phase II SO2 Permits Due
Phase II NOx Permits Due
National Acid Lakes Registery
Report: Feas./eff. of A.Rain Std
Study on Interpollutant Trading
Report on Canadian Program
5 Yr Report, SO2 Em. Projections
9 10
—• \Phase2 \ \
llowance System ; ;: I . !: t . J,...... ,J.
; BonuB Allowance Ends
K
Repowering Allowance Bnd»
8.95 MM Ton Cup Starts
plus Bonus &. Repowering
Allowances
Requ rements
'Wering/CIean Coal |
Permits/Compl
and Reports
PropoMl
Other Fedwsl
Adlon-guklance.etc.
B-10
-------
Trading
Figure B-10
SO2 Allowances
Allocation/Trading
Promulgate annual auction* and
sales regulation ($416
-------
Figure B -11
Emissions Monitoring
CXI
Implementation Activities
Emissions tracking system
Emissions monitoring system
—Phase 1 sources
—Phase II sources
Assess industry
technical capabilities
Training
Reporting
Auditing
Promulgate regulation(s) lor CEMS, —
for any alternative monitoring
system, and lor recordkeeping and
reporting ol Information
(§412(a).(d))
Prescribe means to calculate —
emissions lor periods when
CEMS or alternative data are
unavailable (§4 12
-------
Figure B-12
NOx Reductions
Propose revised NSPS for NOx —
emissions from fossil fuel fired
steam generating unils
(§407(c)(1))
Promulgate NOx emissions I
averaging regulations (§407(e|)
Promulgate NOx annual allowable —
emission limitation regulations lor Type 1
boilers (tangendalty fired boilers and dry
bottom wall- fired boilers) (J407(b)(1))
Publish proposed rule
ENACTMENT (7/91)
11/13/90
|lllll lilll|lil Iliilfl
1991 1992 18
CO I I
CO
JmoloiminUtlon ActlvlllM I I
technical capabilities
I I
Promulgate ^
regulations ft
(wet bottom
types of boile
[Illllllllll
93 1(
Option to revise emission limits —
for Type 1 boilers not covered
under §407(b)(1)
*Dx annual allowable emission limitation —
>r Type II boilers
wall fired boilers, cyclones, and all other
rs) (§407(b)(2))
- Promulgate NSPS
(S407(c)(1»
Publish proposed rule — i
(&95)
Phase! begins— i
\ 1 1 1 1 1 1 1 1 C 1 I 1 |
)94 1995 1996 19
I
I
I L^L^M
I
Initiate necessary new | 1
research
Tyrv. II r«giJ«rJon«
compliance ^
• — NOx applications due
,- Phase II begins
97 1998 1999 2000 2001 2002 2003 2004 2005
I
I
I
I
-------
Figure B-13
Title V - Permits
Regulation Development
Part 71 Regulations
Small Source Assistance Program
State Permit Plans
EPA Plan Approval
Permit Applications Due
Permits Issued
Federal Oversight
91 92 93 94 95 , 96 , 97 , 98 | 99 , 0
Proposal
Promul- Other Federal State
gation Action-guidance,etc. Action
B-14
-------
Figure B - 14
TITLE V
PERMIT PROGRAM STARTUP
oo
i
en
Review State
Transition Plans
(AQMD/RO/SSCD)
State Legislative
Change Support
(OPAR/AQMD/RO)
Early Financial
Support
(AQMD/RO/OPMO)
Program
Development
Guidance
(AQMD/SSCD/OGC/RO)
Fee Guidance
(AQMD)
Conduct Workshops
(AQMD/RO/ESD/TSD/
SSCD)
Plan Approval
Guidance
(OGC/RO/AQMD)
Transition Support
(RO/AQMD/SSCD/OGC)
1yr
2yr
Syr
4yr
5yr
Establish Small
Source Program
Small Source
SIP Revisions
Submitted
NB: EPA Acts
If State Fails
State Plans
Submitted
Revised Plan
If Disapproval
EPA Action On Interm
State Fee Programs
EPA Action
On Plans
-------
Figure B -15
TITLE V
PERMIT PROGRAM OVERSIGHT
Develop Audit
Procedures
(AQMD/RO/SSCD)
CO
Prepare Management
Tracking Systems
(AQMD/TSD/RO)
Review Transition
Plan Implementation
(AQMD/RO)
Waive Veto for
Certain Sources
(AQMD/OGC/SSCD)
Audits
MOUs
Guidance Regarding
Imposition of
Sanctions
(AQMD/OGC/OPPE)
Fee Accounting
Procedures
(AQMD/RO)
Procedures for
Evaluating State
Permits
(AQMD/RO/SSCD)
Feedback to
Air Programs
(AQMD)
1yr
2yr
3yr
4yr
Syr
May Sanction
If No Plan
May Sanction
If Inadequate
Implementation
May Promulgate
Limitations on
Veto
Sanctions If No
Nonattalnment
Premit Program
Federal
Promulgation
If State Action
Insufficient
Permit Review/
Veto
Terminate,
Modify, Revoke
or Reissue
Permits
-------
Figure B -16
TITLE V
PERMIT REGULATION DEVELOPMENT
Work with NMQS,
NESHAP, and Acid
Deposition Programs;
Shapiro SuperGroup
(AQMD/OAIAP/ESD)
00
Prepare Draft
Regulations
(AQMD/OGC/OPPE)
Form Workgroup
Conduct Sessions
(AQMD/SSCD/ESD/TSD)
Analytic Methods
Guidance Development
CTSD/ESD/ORD)
1yr
2yr
Syr
4yr
5yr
Propose
Federal Regs
Promulgate
Federal Regs
Optional
Analytic Methods
Rulemaking
-------
Figure B-17
TITLE V
PERMIT PROGRAM IMPLEMENTATION SUPPORT
00
Establish State/
Federal Permltter
Network
(AQMD/RO/SSCD/OGC)
Bulletin Board
Clearinghouse
(AQMD/TSD)
Specify data system
Requirements
(TSD/AQMD/RO)
Support State
Program Needs
(AQMD/SSCD/RO)
Support OAQPS/
ORD Technical Centers
(AQMD/ESD/ORD/TSD)
1yr
Develop Data
Management System
CTSD/AQMD)
Standard Application
Forms and Completeness
Guidance/Model Permits
(AQMD/RO/SSCD/TSD)
2yr
Permit Writer Training
Courses/Workshops
(AQMD/ESD/RO/SSCD)
3yr
4yr
Syr
-------
Figure B - 18
Title VI - Stratospheric Ozone Protection
Listing of Class l&ll Substances
Assign Ozone-Depleting Potential
Allowance Transfer Rules
Assign Global Warming Potential
Class I Subs. Production Rules
Alternatives for Class l/ll Subs
Rules Implem. Montreal Protocol
Class I Substance Phase-Out
Methyl Chloroform Phase-Out
Essential Use-Methyl Chloroform
Execption for Developing Countries
Class II Subs. Production Rules
Labeling Rules
Class II Warning Labels
Auto Air Conditioner Rules
Auto Air Conditioner Servicing
Small Auto Refrig. Container Ban
Appliance/lnd. Refrig. Rules
Refrigerant Prohibition
Nonessential Product Rules
Prohib. Certain Nonessential Prod.
Prohib. Other Nonessential Prod.
Federal Procurement Rules
Compliance w/ Procurement Rules
Monitoring/Reporting Rules
NASA/NOAA Monitoring Report
Class l/ll Substance Use Report
Ozone Depletion Effects Report
Fire Suppression Assess. Reports
Airline Safety Report
Technology Status Report to Congress
Sources/Inventory
International Emissions
Preventing Increased Concentrations
Determining Natural Sources
Limiting Growth in Emissions
Proposal
Promul-
gation
Other Federal
Action-guidancs.etc.
State
Action
Source
Action
B-19
-------
Figure B-19
Title VII - Provisions Relating to Enforcement
Compliance Certif./Monitoring
Past Violations Amend, in Effect
91
92
••
•••
A
93
.
94
95
96
*
«
99
°
Proposal
Promul- Other Federal State
gation Action-guidance,etc. Action
Source
Action
B-20
-------
Figure B - 20
TITLE VII
ADMINISTRATIVE ENFORCEMENT PROGRAM
Implementing
Guidance on
Administrative Orders
Review Hearing and
Discovery Procedures
General Guidance on
Title VII Authorities
Guidance on Minimum
Requirements for State
Enforcement Program
en
Survey of
Administrative Penalty
and Reid Citation
Programs
Implementing
Guidance on
Administrative
Penalties
' (DOJ)
SUPPORT
Develop
Administrative
Penalty Matrix
Revise
Enforcement
Policies
Implementing
Field Citation
Guidance
Inspector
Training Course
State/Local Guidance on
How to Develop
Admlnstratlve Penalty or
Field Citation Program
1yr
2yr
3yr
4yr
Syr
Propose Part 22
Hearing Procedures
for Administrative
Penalties (OE)
Promulgate
Part 22
Amendments
(OE)
PRODUCTS
Propose Field
Citation Program (DOJ)
and Rules for
Discovery
Promulgate Field
Citation Requlations (DOJ)
and Rules
for Discovery
(All products and support require SSCD and AED/OE development)
-------
Figure B - 21
TITLE VII
COMPLIANCE CERTIFICATION PROGRAM
CD
Methods Development
(ORD/TSD)
Survey of Monitoring
Methods and
Identification of
necessary new/
revised methods
(ORD.TSD)
Proposal of Title V
Regulations
(AQMD)
Decision memo
on implementation
approach
Provide Title V
Workgroup with
Compliance
Certification
Requirements
Promulgation of
Title V Regulations
Data System
Development
CTSD)F
Define
Compliance
for Monitoring
Methods
Enforcement
Response Manual
Data System
Guidance
Permit Writers'
Handbook
SUPPORT
1yr
2yr
Syr
4yr
Syr
Propose Compliance
Certification Regulations
Promulgate Compliance
Certification Regulations
PRODUCTS
(All products and support require SSCD development)
-------
Figure B - 22
TITLE VII
OTHER ENFORCEMENT PROGRAMS
ro
CO
Review
Federal/State
Award Programs
Manual on how to use
Award Regulations
Guidance on
Contractor
Inspections
Evaluate existing
tracking mechanism
for citizen suits
and awards
(DOJ/OE)
Guidance on
Listing
SUPPORT
1yr
2yr
3yr
4yr
5yr
Propose Citizen
Suit Regulations
Propose Contractor
Listing Regulations
(OE)
I I
Promulgate Contractor
Listing Regulations
(OE)
Propose Award
Regulations
(DOJ)
Promulgate Award
Regulations
(DOJ)
PRODUCTS
(All products and support require SSCD and AED/OE development)
-------
Figure B - 23
Title VIII - Miscellaneous
OCS Rules - except Gulf Coast
OCS Impact Study
States Must Submit 2/5 of Grant
Emission Factor Revision
Hydrogen Fuel Cell Vehicle Study
Renewable Energy Study
President's Report on Trade
Economic Impact Analyses
Contaminated Used Oil Study
Impact Study on Visibility
Interagency Research Program
Grand Canyon Commission
EPA Response/Regulation
NAS Role of Secondary Standards
Magnetic Levitation Report
Proposal
Promul-
gation
Other Federal
AcHon-g,uldanee,etc.
State
Action
Source
Action
B-24
-------
Figure B - 24
Title IX - Clean Air Research
Mon., Modeling, Inventory Research
Effectiveness of Nat'l Network
Env. Health Effects Research
Create Health Effects Task Force
Rank 189 Chem. for Assessment
24 Assess me nts/Yr for 8 Yrs
Ecosystem Research
Liquefied Gaseous Fuels Facility
Control/Prevention Research
NIEHS Studies
Interagency Research Plan
EPA Report on Implementing Plan
Revised NAPAP Plan
Biannual NAPAP Report to Congress
NAPAP Report on Critical Loads
Clean Alternative Fuels
Int'l Control Technologies Report
Adirondacks Effects Assessment
Western Acid Deposition
, 91 , 92
No schedule
93
94
95
%
97
98
1 "
| °
Proposal Promul- Other Federal State
gatlon Actlon-guidance.etc. Action
Source
Action
B-25
-------
Figure B - 25
Title XI - Clean Air Employment Transition Assistance
DOL Rules to Implement Sec. 326
GAO Report on Employment Effects
1 91
l»
92
•n
93
IS
94
m
95
96
97
98
99
°
Proposal
Promul- Other Federal State
gallon Actlon-guidance.etc. Action
Source
Action
B-26
-------
APPENDIX C
EPA HEADQUARTERS AND REGIONAL AIR OFFICES
-------
APPENDIX C
EPA HEADQUARTERS AND REGIONAL AIR OFFICES
The responsibility for implementing the Clean Air Act Amendments of 1990 is
held primarily by EPA's Office of Air and Radiation (OAR). The OAR will utilize the
expertise of many EPA offices as it undertakes this challenge, including, the Office of
General Counsel, the Office of Research and Development, the Office of Solid Waste
and Emergency Response, and the Office of Pesticides and Toxic Substances.
The OAR is organized into six offices. The structure of OAR is presented in
Figure C-l and a brief description of each program offices' responsibilities is presented
below. In addition, EPA has ten regional offices, each with a division that focuses on air
issues. Addresses and telephone numbers for appropriate headquarters and regional
offices are identified following the description of the OAR program offices.
OFFICE OF PROGRAM MANAGEMENT AND OPERATIONS
The Office of Program Management Operations (OPMO) supports the Assistant
Administrator for Air and Radiation in the areas of budget formulation, resource
allocation, strategic planning, information management, and program evaluation. The
OPMO staff provides advice and recommendations to the AA and serves as a liaison
with OAR program offices. This office coordinates its activities with other EPA offices,
the Office of Management and Budget, Congressional Staffs, state and local agencies,
and other federal agencies.
OFFICE OF POLICY ANALYSIS AND REVIEW
The Office of Policy Analysis and Review (OPAR) coordinates and reviews the
analytical basis of all major OAR regulations and policies. The office is responsible for
development, formulation, and implementation of analytical studies, both in-house and
through contracts, to support the policy decisions of the Assistant Administrator. In
addition, OPAR reviews and analyzes the major regulatory and policy actions of the
program offices as well as those developed in other media programs. The OPAR staff
also provides analytical support on legislative initiatives related to the Clean Air Act.
Interagency coordination of OAR regulations and policy analysis of relevant pollution
C-l
-------
control programs, including those proposed in international forums, is another function
of OPAR. The office provides direction or is otherwise substantially involved when
comprehensive reviews of major policies take place.
OFFICE OF RADIATION PROGRAMS
The Office of Radiation Programs (ORP) coordinates the Agency's radiation
protection activities. This office will be involved in developing specific regulations for
radionuclides developed under Title III of the Clean Air Act Amendments of 1990. The
ORP has developed seven programs that each carry out specific objectives. The Radon
Action Program provides technical and educational assistance to the states, industry and
the public. The Nuclear Accident Response Program monitors and assesses offsite
radiation exposures, and provides guidance during any coordinated federal response to
nuclear accidents. In the area of radioactive waste disposal, ORP sets generally
applicable environmental standards for the safe disposal of radioactive waste. The
Radioactively Contaminated Site Program supports Superfund cleanup activities. The
ORP has developed an extensive Industrial Radiation Sources Program to help the states
implement regulations covering radionuclide emissions from industrial facilities. The
Nonionizing Electromagnetic Fields Program takes measurements of these facilities and
analyzes and distributes the data. Finally, in the area of technical assistance, ORP
laboratories perform radiochemical analyses, site surveys, and evaluations of radon
measuring devices.
OFFICE OF AIR QUALITY PLANNING AND STANDARDS
The Office of Air Quality Planning and Standards (OAQPS) is responsible for the
development of national air quality programs, technical policies, regulations, guidelines,
and criteria for air pollution control. It supports many varied state and local government
programs in preventing and controlling air pollution. With respect to the
implementation of the Clean Air Act Amendments of 1990, OAQPS has primary
responsibility for Titles I, III, V, and VII.
The OAQPS is divided into four divisions. The Air Quality Managment Division
is responsible for assuring that the various air quality management programs and
objectives required by the Clean Air Act are implemented and that the national ambient
air quality standards (NAAQS) are maintained. The Emission Standards Division has
responsibility for evaluating the need to regulate potential air pollutants, developing
national emission standards for stationary sources, and providing consultation to other
segments of the Agency and state and local programs. The Technical Support Division
C-2
-------
directs a national program to provide scientific and technical guidance to EPA
headquarters and regional officces, and state and local agencies regarding air quality
monitoring, emissions factors, and source test methods. The Stationary Source
Compliance Division is the only headquarter-based component of the office responsible
for ensuring that stationary sources achieve and maintain compliance with the Clean Air
Act.
OFFICE OF MOBILE SOURCES
The Office of Mobile Sources (QMS) sets and enforces emission standards for
motor vehicles, engines, and fuels, and provides guidance and technical support to state
and local programs for the control of motor vehicle emissions. As such, it has the lead
in implementing Title II of the Clean Air Act Amendments of 1990. Engineering and
other scientific assessments of control technologies and fuel economy are conducted in
this office. Assessments of the economic aspects of control requirements, including the
identification and development of market-based alternative control mechanisms are
carried out. The office conducts investigations to determine compliance with EPA
regulations and develops and carries out studies for assessing sources of air pollutants
from motor vehicles. New or emerging pollution control technologies for motor vehicles
and fuels are analyzed to determine, for example, emissions of toxic substances.
OFFICE OF ATMOSPHERIC AND INDOOR AIR PROGRAMS
The Office of Atmospheric and Indoor Air Programs (OAIAP) has lead
responsibility for the Agency's acid rain, indoor air, and stratospheric ozone programs.
In addition, OAIAP examines various strategies for mitigating climate change. With
respect to implementation of the Clean Air Act Amendments of 1990, OAIAP has
responsibility for Titles IV and VI.
The OAIAP is divided into three divisions. The Acid Rain Division was recently
created to respond to the acid rain provisions in the Clean Air Act Amendments of 1990.
The Global Climate Change Division has responsibility for reducing atmospheric change
through the stratospheric ozone protection program, energy initiatives, and pollution
prevention strategies. The Indoor Air Division is responsible for overall Agency indoor
air policy, coordination of federal and private sector efforts to characterize and mitigate
pollution problems in buildings, and development and dissemination of information on
indoor air quality to a wide range of audiences.
C-3
-------
Figure C-l
OFFICE OF AIR AND RADIATION ORGANIZATIONAL CHART
Office of
Program Management
Operations
ASSISTANT
ADMINISTRATOR
FOR
AIR AND RADIATION
Office of
Radiation Programs
Criteria
and Standards
Division
Analysis
and Support
Division
Office of
Radiation Programs
(Las Vegas)
Eastern
Environmental
Radiation Facility
(Montgomery)
Office of
Policy Analysis
and Review
I
Office of
Air Quality Planning
and Standards
Emissions Standards)
and Engineering
Division
Stationary Source
Compliance
Division
Air Quality
Management
Division
Technical
Support
Division
Radon
Division
Office of
Mobile Sources
Certification
Division
Emission Control
Technology
Division
Engineering
Operations
Division
Office of
Atmospheric and
Indoor Air Programs
Global
Change
Division
Indoor
Air
Division
Acid
Rain
Division
Manufacturers
Operations
Division
Field Operations
and Support
Division
C-4
-------
OFFICE TELEPHONE NUMBERS AND ADDRESSES
HEADQUARTERS OFFICES
Office and Address Telephone Number
Office of Air and Radiation
Office of the Assistant Administrator (202) 382-7400
U.S. EPA, ANR-443 FTS 382-7400
401 M. Street, S.W.
Washington, D.C. 20460
Office of Program Management Operations (202) 382-7415
U.S. EPA, ANR-443 FTS 382-7415
401 M. Street, S.W.
Washington, D.C. 20460
Office of Policy Analysis and Review (202) 382-5580
U.S. EPA, ANR-443 FTS 382-5580
401 M. Street, S.W.
Washington, D.C. 20460
Office of Radiation Programs (202) 475-9600
U.S. EPA, ANR-458 FTS 475-9600
401 M. Street, S.W.
Washington, D.C. 20460
Office of Air Quality Planning and Standards (919) 541-5616
U.S. EPA, MD-10 FTS 629-5615
Research Triangle Park, North Carolina 27711
Office of Mobile Sources (202) 382-7645
U.S. EPA, ANR-455 FTS 382-7645
401 M. Street, S.W.
Washington, D.C. 20460
Office of Atmospheric and Indoor Air Programs (202) 382-7407
U.S. EPA, ANR-445 FTS 382-7407
401 M. Street, S.W.
Washington, D.C. 20460
C-5
-------
Office and Address Telephone Number
Office of Solid Waste and Emergency Response
Chemical Emergency Preparedness and
Prevention Office (202) 475-8600
U.S. EPA, OS-120 FTS 475-8600
401 M. Street, S.W.
Washington, D.C. 20460
Office of General Counsel
Air and Radiation Division (202) 382-7606
U.S. EPA, LE-132A FTS 382-7606
401 M. Street, S.W.
Washington, D.C. 20460
Office of Research and Development
Office of the Assistant Administrator (202) 382-7676
U.S. EPA, RD-672 FTS 382-7676
401 M. Street, S.W.
Washington, D.C. 20460
REGIONAL OFFICES
Office and Address Telephone Number
Region I - Air Management Division (617) 565-3800
U.S. EPA - Region I FTS 835-3800
John F. Kennedy Building
Boston, MA 02203
Region II - Air and Waste Management Division (212) 264-2301
U.S. EPA - Region II FTS 264-2301
Jacob K. Javitz Federal Building
26 Federal Plaza
New York, NY 10278
C-6
-------
Office and Address Telephone Number
Region III - Air, Toxics, and Radiation Division (215) 597-9390
U.S. EPA - Region III FTS 597-9390
841 Chestnut Building
Philadelphia, PA 19107
Region IV - Air, Pesticides, and Toxics
Management Division (404) 347-3043
U.S. EPA - Region IV FTS 257-3043
345 Courtland Street, N.E.
Atlanta, GA 30365
Region V - Air and Radiation Division (312) 353-2212
U.S. EPA - Region V FTS 353-2212
230 South Dearborn Street
Chicago, IL 60604
Region VI - Air, Pesticides, and Toxics Division (214) 655-7200
U.S. EPA - Region VI FTS 225-7200
First Interstate Bank Tower at Fountain Place
1445 Ross Avenue, 12th Floor, Suite 1200
Dallas, TX 75202-2733
Region VII - Air and Toxics Division (913) 551-7020
U.S. EPA - Region VII FTS 276-7020
726 Minnesota Avenue
Kansas City, KS 66101
Region VIII- Air and Toxics Division (303) 293-1438
U.S. EPA - Region VIII FTS 330-1438
999 18th Street, Suite 500
Denver, CO 80202-2405
Region IX- Air and Toxics Division (415) 744-1219
U.S. EPA - Region IX FTS 484-1219
75 Hawthorne Street
San Francisco, CA 94105
C-7
-------
Office and Address Telephone Number
Region X - Air and Toxics Division (206) 442-4152
U.S. EPA - Region X FTS 399-4152
1200 Sixth Avenue
Seattle, WA 98101
C-8
------- |