Provisions for Attainment and Maintenance of National Ambient Air Quality Standards
Amends the Clean Air Act to require State Governors to designate areas within a State as nonattainment, attainment, or unclassifiable, with regard to air quality standards, and to submit such designations to the Administrator of the Environmental Protection Agency (EPA) no later than one year after the promulgation of a new or revised air quality standard.
Authorizes the Administrator to modify such designations, as necessary.
Designates areas currently required to be listed under the Clean Air Act as nonattainment, attainment, or unclassifiable areas, as specified.
Provides for the redesignation of areas, as appropriate.
Prohibits the redesignation of any area from nonattainment to unclassifiable.
Revises the boundaries of Serious, Severe, or Extreme ozone or carbon monoxide nonattainment areas located in metropolitan statistical areas (MSAs) or consolidated metropolitan statistical areas (CMSAs) to include the entire MSA or CMSA unless the State Governor notifies the Administrator that additional time is necessary to evaluate such revision.
Excludes areas within the MSA or CMSA that do not contribute to violation of the air quality standard, subject to the Administrator's approval.
(1) areas identified (in 52 Federal Register 29383) as Group I areas as particulate matter 10 (PM-10) nonattainment areas;
(2) areas containing sites for which air quality monitoring data show a violation of national air quality standards for PM-10 before 1989 as PM-10 nonattainment areas; and
(3) areas not meeting either description as PM-10 unclassifiable areas.
Authorizes the Administrator to require States to designate areas with respect to the national air quality standard for lead.
Revises provisions concerning State implementation plan requirements.
Sets forth provisions for plan approval and revision.
Requires plans to provide for attainment of national air quality standards in nonattainment areas within three years of this Act's enactment or within five years of a finding of substantial inadequacy.
Retains a moratorium on construction or modification of major stationary sources in certain areas until such areas meet applicable requirements concerning permit programs or attainment standards for sulfur dioxide.
Repeals provisions concerning:
(1) extensions of time for attainment dates;
(2) requirements concerning parking surcharges and transportation regulations; and
(3) suspensions of certain plan requirements.
Requires the Administrator to publish a triennial (currently, annual) document which sets forth applicable requirements of the implementation plan for each State. Directs States to submit implementation plans within three years, or such shorter period as the Administrator prescribes (currently, nine months), of the promulgation of an air quality standard.
Sets forth plan conformity requirements.
Requires Federal transportation programs to implement transportation provisions of implementation plans.
Prohibits Federal agencies from funding or approving any transportation program unless it conforms to an implementation plan in effect under this Act. Sets the date of attainment of national air quality standards for a nonattainment area at five years from the date such area was designated.
Authorizes the Administrator to extend such attainment date, provided that such extension does not exceed ten years.
Permits up to two one-year extensions to be granted to a single area upon application by a State. Requires States to submit nonattainment plans within three years of the designation of an area.
Makes technical amendments to provisions concerning nonattainment plan requirements.
Requires the Administrator, after relaxing an air quality standard, to promulgate requirements applicable to areas that have not attained the standard as of the date of such relaxation.
Provides for controls with respect to such areas that are at least as stringent as the controls applicable to areas designated nonattainment before such relaxation.
Authorizes the issuance of a permit to construct or operate a new source if demonstrated that the benefits of such source significantly outweigh environmental and social costs.
Prohibits the use of existing growth allowances in areas which are notified that implementation plans containing such allowances are substantially inadequate.
Allows new or modified major stationary sources to comply with any offset requirement for increased air pollutant emissions with reductions of the pollutant from such sources or from other sources in the same nonattainment area.
Permits the sources to obtain reductions in another nonattainment area if the other area has an equal or higher nonattainment classification and emissions from the other area contribute to violations of air quality standards in the area in which the sources are located.
Requires such reductions to be in effect by the time such sources commence operation and to assure that the total tonnage of increased emissions is offset by an equal or greater reduction in the actual emissions from the same or other area sources.
Provides that incidental emissions reductions not required by this Act shall be creditable if such reductions meet offset requirements.
Authorizes sources to offset by alternative or innovative means emissions increases from rocket engine and motor firing under specified conditions.
Requires States containing ozone, carbon monoxide, or PM-10 nonattainment areas, together with local officials of such areas, to review and update, as necessary, planning procedures for such areas.
Authorizes States, in the case of areas included in more than one State, to implement jointly such planning procedures.
Requires revisions to State implementation plans to be submitted pursuant to requests for redesignations of nonattainment areas and to provide for maintenance of air quality standards for:
(1) ten years after the redesignation; and
(2) an additional ten years after the expiration of the first ten-year period.
Authorizes the Administrator, whenever it is determined that the interstate transport of air pollutants from one or more States contributes significantly to a violation of an air quality standard in such States, to establish a transport region for such pollutants within such States. Requires the Administrator to establish a transport commission for each such region to:
(1) assess the degree of interstate transport of the pollutant or precursors to the pollutant throughout the transport region;
(2) assess strategies for mitigating the interstate pollution; and
(3) recommend to the Administrator such measures as may be necessary to ensure that State plans meet requirements of this Act. Permits such commissions to request the Administrator to issue a finding that one or more of the States in a transport region have inadequate implementation plans.
Applies program cost limitations for interstate air quality agencies to such commissions.
Authorizes the imposition of the following sanctions on States which fail to comply with requirements concerning nonattainment areas:
(1) a prohibition on Department of Transportation highway funding (except for specified projects that would improve air quality or safety);
(2) increased emissions offset requirements; and
(3) a withholding of all or part of assistance for air pollution planning and control programs.
Requires States which fail to attain air quality standards by the required attainment date to submit plan revisions.
Directs the Administrator to promulgate a Federal implementation plan if any State fails to make a required submission or such submission is not approved.
Classifies ozone nonattainment areas as Marginal, Moderate, Serious, Severe, or Extreme, based upon the amount by which the air quality standard is exceeded in the area.
Sets forth attainment dates of three, six, nine, fifteen, and twenty years from this Act's enactment, respectively, for Marginal, Moderate, Serious, Severe, and Extreme areas.
Provides for an attainment date of 17 years after this Act's enactment for Severe areas with specified 1988 ozone design values.
Authorizes the Administrator to adjust the classification of areas which would be classified in another area if the ozone level were five percent greater or less.
Prohibits more than two one-year attainment extensions from being issued for a single nonattainment area.
Provides for the reclassification of areas (except for Severe or Extreme areas) which fail to meet required standards.
Sets forth specific requirements for Severe areas which fail to meet such standards.
Requires States in which Marginal areas are located to submit to the Administrator a current inventory of actual emissions from all sources.
Directs such States to submit plan revisions to require:
(1) correction requirements for available control technology;
(2) a vehicle inspection and maintenance program;
(3) permits for the construction and operation of new or modified stationary sources;
(4) triennial inventories; and
(5) emissions statements from owners or operators of stationary sources of oxides of nitrogen or volatile organic compounds (VOCs). Waives requirements for the submission of triennial inventories for sources which emit less than 25 tons annually of nitrogen oxides or VOCs if the State provides an emissions inventory for such sources to the Administrator. Directs the Administrator to review and update the guidance for State motor vehicle inspection programs.
Requires Moderate areas to comply with the requirements for Marginal areas.
Directs States containing Moderate areas to submit plan revisions that require:
(1) VOC emissions reductions, within six years of this Act's enactment, of at least 15 percent from baseline emissions (or a lower percentage under specified conditions);
(2) the implementation of reasonably available control technology with respect to all VOC sources covered by a Control Techniques Guideline and all major stationary sources of VOCs; and
(3) owners and operators of gasoline dispensing systems to install and operate systems for gasoline vapor recovery of emissions from the fueling of motor vehicles (applies such requirement to facilities selling more than 10,000 gallons of gasoline per month or 50,000 gallons per month, in the case of independent small business gasoline marketers).
Sets forth deadlines for the installation of such systems.
Prohibits the following measures from being credited to the 15 percent VOC reduction:
(1) measures relating to the motor vehicle tailpipe or evaporative emissions promulgated by the Administrator;
(2) regulations concerning Reid Vapor Pressure promulgated by the Administrator;
(3) measures concerning required corrections to implementation plans; and
(4) measures concerning motor vehicle inspection and maintenance.
Requires Serious areas to comply with the requirements for Moderate areas.
Directs the Administrator to promulgate rules for enhanced monitoring of ozone, nitrogen oxides, and VOCs. Requires States to implement programs to improve monitoring of such substances.
Directs States containing Serious areas to submit plan revisions that provide for:
(1) attainment of the ozone air quality standard by the applicable attainment date;
(2) certain VOC emissions reductions from the baseline emissions averaged over three-year periods, beginning six years after this Act's enactment;
(3) programs to reduce hydrocarbon and nitrogen oxide emissions from in-use motor vehicles in urbanized nonattainment areas with populations over 200,000;
(4) clean-fuel vehicle programs in areas with populations over 250,000; and
(5) transportation control measures in areas where vehicle mileage, emissions, and congestion levels exceed levels projected for attainment.
Permits such revisions to provide for combined VOC and nitrogen oxide emissions (in lieu of sole VOC reductions) that would result in reductions equivalent to those required for VOC emissions from the baseline level.
Directs the Administrator to issue guidance concerning the conditions under which nitrogen oxide control may be substituted, or combined with, VOC control to maximize the reduction in ozone.
Permits the Administrator to approve substitutes for clean-fuel vehicle programs if such substitutes will achieve equivalent reductions of ozone-producing emissions.
Authorizes States to offset the impact of increased vehicle mileage and congestion levels by implementing controls on other sources that would produce emissions reductions comparable to those achieved by a transportation control program.
Provides that increased VOC emissions resulting from physical or operational changes in stationary sources in Serious areas shall not be considered de minimis for purposes of permit requirements unless the increase in emissions does not exceed 25 tons when aggregated with all other increases in emissions from such a source over a five-year period.
Sets forth provisions concerning modifications of major stationary sources in such areas.
Requires Severe areas to comply with the requirements for Serious areas.
Directs States containing Severe areas to submit plan revisions that provide for:
(1) reasonably available techniques for reducing vehicle emissions and the adoption of specific enforceable transportation control strategies and measures to offset any growth in emissions from growth in vehicle miles traveled or numbers of vehicle trips;
(2) employer programs to reduce employee work-related vehicle trips; and
(3) employers of 100 persons or more to increase average passenger occupancy per vehicle in commutes during peak travel periods.
Requires Extreme areas to comply with the requirements for Severe areas, with specified exceptions.
Directs States in which Extreme areas are located to submit plan revisions that require:
(1) electric utilities and industrial and commercial boilers emitting more than 25 tons annually of nitrogen oxides to burn as a primary fuel natural gas, methanol, ethanol, or a comparably low-polluting fuel or to use advanced control technology to reduce nitrogen oxide emissions; and
(2) traffic control measures during heavy traffic hours.
Sets forth provisions concerning modifications of sources in such areas.
Authorizes the Administrator, under specified conditions, to approve provisions of an implementation plan for an Extreme area which anticipate development of new control techniques and an attainment demonstration based upon such provisions.
Applies plan provisions applicable to major stationary sources of VOCs in ozone nonattainment areas to major stationary sources of nitrogen oxides in such areas, with specified exceptions.
Sets forth offset ratios for each classification of an ozone nonattainment area.
Requires States containing Serious, Severe, or Extreme ozone nonattainment areas to submit to the Administrator demonstrations that attainment milestones have been met.
Requires States containing Serious or Severe areas not meeting such milestones to elect to:
(1) have the area reclassified to the next higher classification;
(2) implement measures adequate to achieve the next milestone; or
(3) adopt an economic incentive program to reduce ozone emissions.
Provides for reclassifications of areas for which the State fails to make an election.
Directs States containing Extreme areas not meeting such milestones to submit a plan revision to implement an economic incentive program.
Provides that States containing rural transport ozone nonattainment areas that do not include or are not adjacent to MSAs shall be treated as satisfying this Act's requirements if they make submissions required for Marginal areas.
Permits the Administrator to treat such areas as rural transport areas if found that VOC and nitrogen oxide emissions within such areas do not contribute significantly to ozone concentrations in any area.
Sets forth requirements for multi-State ozone nonattainment areas.
Makes sanctions inapplicable to a State which demonstrates that it would have been able to meet an ozone attainment deadline for a multi-State nonattainment area but for the failure of another State to meet requirements.
Requires the Administrator to:
(1) review and update existing control technique guidance; and
(2) give priority to categories that make the most significant contribution to ozone air pollution in issuing guidelines.
Directs the Administrator to issue control techniques guidelines to reduce:
(1) VOC emissions from aerospace coatings and solvents; and
(2) VOC and PM-10 emissions from paints, coatings, and solvents used in shipbuilding and ship repair.
Requires the Administrator to:
(1) issue technical documents identifying alternative controls for stationary sources of VOCs and nitrogen oxides that have the potential to emit 25 tons annually of such pollutants; and
(2) provide guidance to States for use in evaluating the cost-effectiveness of various options for the control of emissions from stationary sources contributing to ozone air pollution.
Directs the Administrator to:
(1) study and report to the Congress on VOC emissions from consumer and commercial products; and
(2) regulate products that account for at least 80 percent of VOC emissions from such products in ozone nonattainment areas.
Authorizes such regulations to exempt health use products for which there are no suitable substitutes.
Provides for State enforcement of such regulations, subject to the Administrator's approval.
Requires the Administrator to establish a clearinghouse on information, studies, and regulations regarding such products.
Directs the Administrator to promulgate standards applicable to air pollutant emissions from loading and unloading of tank vessels which may endanger public health or welfare.
Applies such standards to loading and unloading facilities.
Directs the Secretary of the department in which the Coast Guard is operating to issue regulations to ensure the safety of the equipment and operations to control such emissions.
Prohibits States from adopting any less stringent emissions standards.
Requires the Administrator to study and report to the Congress on whether current methodology used to establish a design value for ozone provides a reasonable indicator of the ozone air quality of ozone nonattainment areas.
Subjects such study to peer review.
Establishes an ozone transport region comprised of coastal States on the east coast between Maine and Maryland and the CMSA including the District of Columbia. Requires the Administrator to establish an interstate transport commission for such region.
Directs States within such regions to submit implementation plans or revisions requiring:
(1) areas located in such regions that are part of an MSA with a population of at least 100,000 to comply with enhanced vehicle inspection and maintenance programs; and
(2) implementation of reasonably available control technology with respect to VOC sources covered by a control techniques guideline.
Requires the Administrator to study and implement control measures capable of achieving emissions reductions comparable to those achievable through vehicle refueling controls required for Moderate ozone nonattainment areas.
Provides for revisions of State plans to reflect such measures.
Authorizes interstate commissions to develop recommendations for additional control measures.
Outlines administrative review procedures for such measures.
Directs the Administrator to promulgate criteria for determining the contribution of sources in one area to concentrations of ozone in another nonattainment area.
Sets a fee of $5,000 per ton of VOC emitted during a calendar year in excess of 80 percent of the baseline amount for major stationary sources in Severe and Extreme ozone nonattainment areas which fail to attain standards by the applicable date.
Defines a major stationary source as a source with the potential to emit:
(1) 25 tons annually of VOCs in Severe areas; or
(2) 10 tons annually of VOCs in Extreme areas.
Requires such fees to be adjusted annually.
Exempts from such fee areas with populations under 200,000 if demonstrated that attainment is prevented because of ozone transported from other areas.
Suspends fee requirements until 1992 for areas that were not in violation of air quality standards from 1987 through 1989.
Requires the Administrator to study and report to the Congress on the role of ozone precursors in tropospheric ozone formation and control.
Classifies carbon monoxide nonattainment areas as Moderate or Serious. Authorizes the Administrator to adjust such classification under conditions parallel to those for ozone nonattainment areas.
Sets forth attainment dates of December 31, 1995, and December 31, 2000, for Moderate and Serious areas, respectively.
Sets forth provisions for attainment extensions and reclassifications parallel to those for ozone nonattainment areas.
Requires States containing Moderate carbon monoxide areas to submit to the Administrator a current inventory of actual emissions from all sources.
Directs such States to submit plan revisions to require:
(1) a forecast of vehicle miles traveled in areas exceeding a specified carbon monoxide design value and special control measures if mileage exceeds such forecast or the area fails to attain the standard by the applicable deadline;
(2) vehicle inspection and maintenance programs;
(3) triennial inventories; and
(4) attainment demonstrations and annual emissions reductions.
Requires, in the case of Denver, Colorado, a plan revision to include transportation control measures to reduce carbon monoxide emissions.
Requires Serious areas to comply with requirements for Moderate areas.
Directs States in which Serious areas are located to submit plan revisions that require:
(1) transportation control measures; and
(2) the use of oxygenated fuels in CMSAs or MSAs. Directs Serious areas in which stationary sources contribute significantly to carbon monoxide levels to submit plan revisions that provide that the term "major stationary source" includes sources having the potential to emit at least 50 tons annually of carbon monoxide.
Authorizes the Administrator to waive requirements pertaining to transportation controls, inspection and maintenance, or oxygenated fuels where mobile sources do not contribute significantly to carbon monoxide levels.
Requires the Administrator to issue guidelines and rules for determining whether stationary sources contribute significantly to carbon monoxide levels.
Directs States containing Serious carbon monoxide nonattainment areas to submit to the Administrator, by March 31, 1996, a demonstration that emissions reductions equivalent to those required by December 31, 1995, have been met.
Requires States failing to meet the attainment milestone to submit a plan revision to implement an economic incentive and transportation control program.
Sets forth provisions concerning multi-State carbon monoxide nonattainment areas parallel to those for multi-State ozone nonattainment areas.
Requires States containing Serious areas that fail to meet the attainment deadline to implement an economic incentive program to reduce total tonnage of carbon monoxide emissions by five percent annually until attainment.
Classifies PM-10 nonattainment areas as Moderate or Serious. Sets forth procedures and a timetable for reclassification of such areas.
Provides for attainment dates of December 31, 1994, and December 31, 2001, for Moderate and Serious Areas, respectively.
Sets forth provisions for attainment extensions parallel to those for ozone and carbon monoxide nonattainment areas.
Permits additional extensions to be granted to Serious areas, under specified conditions.
Limits such extensions to a period of five years.
Authorizes the Administrator to waive any requirement or attainment date for a Serious PM-10 area if determined that anthropogenic sources of PM-10 do not contribute significantly to violations of the PM-10 standard in such area.
Requires States containing Moderate PM-10 areas to submit plans that include:
(1) a permit program for the construction and operation of new and modified PM-10 sources;
(2) a demonstration on whether attainment is practicable by the applicable date; and
(3) the implementation of reasonably available control measures.
Requires Serious areas to comply with the requirements for Moderate areas.
Sets forth a schedule for plan submissions.
Requires plan revisions for PM-10 nonattainment areas to contain quantitative milestones to be achieved every three years until attainment.
Directs States failing to meet milestones to submit a plan revision assuring that they will achieve the next milestone or attainment, as appropriate.
Requires States containing Serious areas that fail to meet the attainment deadline to submit plan revisions that provide for attainment and for an annual reduction in PM-10 emissions of at least five percent of the PM-10 emissions reported in the most recent area inventory.
Applies requirements for major stationary sources of PM-10 to major stationary sources of PM-10 precursors unless precursor sources do not contribute significantly to PM-10 levels exceeding air quality standards.
Requires the Administrator to:
(1) issue technical guidance on reasonably and best available control measures for urban fugitive dust and emissions from residential wood combustion and prescribed silvicultural and agricultural burning; and
(2) examine other categories of sources contributing to nonattainment of PM-10 standards and issue any additional guidance.
Authorizes the Administrator to substitute maximum allowable increases in particulate matter smaller than or equal to ten micrometers (PM-10) for maximum allowable increases in such matter specified under the Clean Air Act. Directs States containing nonattainment areas with respect to air quality standards for sulfur oxides, nitrogen dioxide, or lead to submit implementation plans to the Administrator. Requires such plans to provide for attainment of such standards within five years of the date of designation or, for States without approved plans, within five years of this Act's enactment.
Applies requirements of approved plans submitted by Indian tribes to all areas located within a reservation.
Authorizes the Administrator to:
(1) treat Indian tribes as States under the Clean Air Act, except with respect to a requirement that makes available at least one-half of one percent of annual appropriations to States; and
(2) provide such tribes with grant and contract assistance to carry out air pollution control functions.
Outlines requirements for such authorization.
Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate.
Revises provisions concerning transportation planning and guidelines to require the Administrator to update the June 1978 Transportation-Air Quality Planning Guidelines and to publish guidance on transportation and other measures necessary to maintain attainment of air quality standards.
Directs the Administrator to make information regarding emission control technology available through a central database.
Requires States to submit such reports as the Administrator may require concerning emissions reductions, vehicle miles traveled, congestion levels, and any other information necessary for the Administrator to assess the effectiveness, implementation, or revision of any State plan.
Extends the deadlines by which the Administrator must promulgate and revise regulations concerning new source standards of performance.
Sets deadlines for the promulgation of regulations for sources for which the Administrator has not proposed regulations.
Repeals provisions concerning financial disclosure and conflicts of interest.
Authorizes the Administrator to assess the risks to ecosystems from exposure to criteria air pollutants.
Revises provisions concerning interstate pollution and rulemakings.
Directs the Secretary of Transportation and the Administrator to report triennially to the Congress on:
(1) existing State and local air quality-related transportation programs;
(2) the extent to which the Department of Transportation's existing air-quality related transportation programs and proposed budget will achieve the goals of and compliance with this Act; and
(3) recommendations on changes to existing programs and budgets to improve achievement of the goals of and compliance with this Act.