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S. 1630 (101st): Clean Air Act Amendments of 1990
- Introduced:
- Sep 14, 1989 (101st Congress, 1989–1990)
- Sponsor:
- Sen. Max Baucus [D-MT]
- Status:
- Signed by the President
- Slip Law:
- This bill became Pub.L. 101-549.
The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.
Library of Congress Summary
The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.
10/26/1990--Conference report filed in House.
Title
I
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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.
Designates:
(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.
Title
II
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Provisions Relating to Mobile Sources
Part
A
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Amendments to Title II of Clean Air Act
Revises provisions concerning the promulgation of regulations for heavy-duty vehicles.
Requires the Administrator to study the practice of rebuilding heavy-duty engines and the impact of such rebuilding on engine emissions.
Authorizes the Administrator to prescribe requirements to control rebuilding practices.
Directs the Administrator to promulgate standards to provide that light-duty motor vehicles be equipped with onboard systems to control vehicle refueling emissions.
Requires such systems to provide a minimum evaporative emissions capture efficiency of 95 percent.
Sets standards for emissions of:
(1) nonmethane hydrocarbons, carbon monoxide, and nitrogen oxides from light-duty vehicles and trucks manufactured after model year 1993 and from light-duty trucks (over 6,000 pounds gross vehicle weight rating (gvwr)) manufactured after model year 1995; and
(2) particulate matter from light-duty vehicles manufactured after model year 1994 and trucks manufactured after model year 1995.
Applies nonmethane hydrocarbon, carbon monoxide, and nitrogen oxide standards to:
(1) 40 percent and 80 percent, respectively, of a manufacturer's 1994 and 1995 light-duty vehicles;
(2) all such vehicles manufactured after model year 1995; and
(3) 50 percent of a manufacturer's 1996 light-duty trucks (over 6,000 pounds gvwr) and all trucks manufactured after model 1996.
Applies particulate matter standards to:
(1) 40 percent and 80 percent, respectively, of a manufacturer's 1994 and 1995 light-duty vehicles and all vehicle manufactured after model year 1995; and
(2) 40 percent and 80 percent, respectively, of a manufacturer's 1995 and 1996 light-duty trucks and all trucks manufactured after model year 1996.
Directs the Administrator to study and report to the Congress on:
(1) whether further emissions reductions from light-duty vehicles and trucks are required; and
(2) whether to establish specified nonmethane hydrocarbon, nitrogen oxide, and carbon monoxide emissions standards and useful life periods for such vehicles and trucks manufactured after 2003.
Requires the Administrator, if further emissions reductions are necessary and cost-effective and the technology for meeting more stringent standards is available, to apply more stringent standards by model year 2006.
Applies the proposed standards and useful life periods for light-duty vehicles and trucks manufactured after 2003 unless the Administrator determines:
(1) not to promulgate more stringent standards;
(2) to postpone the proposed standards; or
(3) to establish alternative standards.
Makes the useful life for light-duty vehicles and engines, in cases where the useful life is not specified, ten years or 100,000 miles (or the equivalent), whichever first occurs, with testing for in-use compliance for up to seven years or 75,000 miles, whichever first occurs.
Makes useful life requirements currently applicable to light-duty vehicles and engines applicable to light-duty trucks.
Requires the Administrator to set carbon monoxide emissions standards for light-duty vehicles and light-duty trucks operated at 20 degrees Fahrenheit. Directs the Administrator, no later than June 1, 1997, to complete a study assessing the need for further reductions of carbon monoxide emissions and the maximum reductions achievable from light-duty vehicles and light-duty trucks manufactured after 2000 when operated at 20 degrees Fahrenheit. Establishes further carbon monoxide emissions standards if, as of such date, six nonattainment areas have specified carbon monoxide design values.
Sets the useful life period for vehicles operated under such conditions at five years or 50,000 miles, whichever first occurs.
Permits the Administrator to extend the useful life period, as appropriate.
Authorizes the Administrator to promulgate further cold temperature regulations for carbon monoxide emissions from heavy-duty vehicles.
Directs the Administrator to promulgate regulations for evaporative emissions of hydrocarbons from gasoline-fueled motor vehicles during operation and over two or more days of nonuse, under ozone-prone summertime conditions.
Directs the Administrator to study the need for, and feasibility of, controlling emissions of unregulated toxic air pollutants associated with motor vehicles and motor vehicle fuels.
Requires the study to focus on categories of emissions that pose the greatest risk to human health or about which significant uncertainties remain.
Directs the Administrator to promulgate requirements to control hazardous air pollutants from motor vehicles and motor vehicle fuels.
Directs the Administrator to promulgate regulations requiring manufacturers to install emissions malfunction diagnostic systems on all new light-duty vehicles and trucks.
Authorizes the Administrator to require such systems for heavy-duty vehicles and engines.
Applies such requirements to model year 1994 vehicles, but authorizes the Administrator to waive such requirements for 1994 and 1995 model years if infeasible.
Directs the Administrator to require States to revise implementation plans to provide for inspection and maintenance of such systems.
Sets particulate matter emissions standards for buses manufactured after model year 1990.
Requires the Administrator to add test procedures to vehicle certification regulations to determine whether light-duty vehicles and light-duty trucks manufactured after 1993 will pass inspection methods under conditions likely to be encountered in inspection and maintenance programs.
Prohibits the Administrator from granting a certificate to any vehicle or engine not passing the test.
Requires the Administrator to revise such procedures as necessary to ensure that vehicles are tested under circumstances which reflect actual driving conditions under which vehicles are used.
Prescribes a warranty period of:
(1) two years or 24,000 miles for new light-duty trucks, vehicles, and engines manufactured after model year 1994; and
(2) eight years or 80,000 miles for specified major emissions control components.
Sets intermediate in-use standards for emissions of nonmethane hydrocarbons, carbon monoxide, and nitrogen oxides from:
(1) 40 percent and 80 percent, respectively, of a manufacturer's specified model year 1994 and 1995 light-duty vehicles and light-duty trucks;
(2) 60 percent and 20 percent, respectively, of a manufacturer's specified model year 1996 and 1997 light-duty vehicles and light-duty trucks; and
(3) 50 percent and 100 percent, respectively, of a manufacturer's model year 1996 and 1997 light-duty trucks (over 6,000 pounds gvwr) and from 50 percent of model year 1998 trucks not subject to final in-use standards.
Requires the applicable useful life for in-use standards to be five years or 50,000 miles, whichever first occurs.
Sets final in-use standards for emissions of nonmethane hydrocarbons, carbon monoxide, and nitrogen oxides from:
(1) 40 percent and 80 percent, respectively, of a manufacturer's model year 1996 and 1997 light-duty trucks and light-duty vehicles;
(2) all light-duty trucks and vehicles manufactured after model year 1997; and
(3) 50 percent and 100 percent, respectively, of a manufacturer's model year 1998 and 1999 light-duty trucks (over 6,000 pounds gvwr).
Sets the useful life for purposes of certification at:
(1) ten years or 100,000 miles, whichever first occurs, for such light-duty vehicles and trucks (with no testing to be done beyond seven years or 90,000 miles); and
(2) 11 years or 120,000 miles, whichever first occurs, for light-duty trucks over 6,000 pounds gvwr (with no testing to be done beyond seven years or 90,000 miles).
Makes such useful life applicable to diesel-fueled light-duty trucks as well.
Authorizes representatives of the Administrator to enter any manufacturer's establishment, at reasonable times, for purposes of inspecting or observing any activity associated with motor vehicle manufacturing or testing.
Authorizes the Administrator to control the introduction into commerce of any fuel for nonroad engines or vehicles.
Makes it unlawful for manufacturers of fuels or fuel additives to introduce into commerce, or increase the concentration in use of, any fuel or fuel additive for use in motor vehicles manufactured after 1974 which is not substantially similar to a fuel or additive utilized in the certification of any subsequent model year vehicle or engine.
Prohibits the introduction of leaded gasoline into any motor vehicle manufactured after 1989 which is designed solely for the use of unleaded gasoline.
Makes it unlawful, effective October 1, 1993, to introduce into a motor vehicle diesel fuel which contains sulfur in excess of .05 percent (by weight) or which fails to meet a cetane index minimum of 40 or such alternative aromatic level prescribed by the Administrator. Requires the Administrator to promulgate regulations to:
(1) make it unlawful for any person to introduce into commerce gasoline whose Reid Vapor Pressure (RVP) exceeds nine pounds per square inch; and
(2) establish more stringent RVP standards to achieve comparable evaporative emissions in nonattainment areas.
Authorizes the Administrator to impose a lower RVP requirement in any area redesignated as an attainment area.
Provides that such regulations shall take effect no later than the high ozone season for 1992.
Requires the RVP for fuel blends containing gasoline and ten percent denatured anhydrous ethanol to be one pound per square inch greater than the RVP limitation under this Act. Deems distributors, blenders, marketers, resellers, carriers, retailers, or wholesale purchasers-consumers of such gasoline to be in compliance with RVP limitations if:
(1) the gasoline portion of the blend complies with RVP limitations;
(2) the ethanol portion of the blend does not exceed specified waiver conditions; and
(3) no additional alcohol or other additive has been added to increase the RVP of the ethanol portion.
Makes it unlawful, effective October 1, 1993, to introduce into commerce motor vehicle diesel fuel which contains sulfur in excess of .05 percent (by weight) or which fails to meet a cetane index minimum of 40.
Permits the Administrator to require manufacturers and importers of diesel fuel not used in motor vehicles to dye such fuel to segregate it from motor vehicle diesel fuel.
Authorizes the Administrator to establish an equivalent alternative aromatic level to the cetane index specification.
Sets a sulfur content limit for diesel used in model years 1991 through 1993 heavy-duty vehicles and engines.
Exempts Alaska and Hawaii from such requirements.
Authorizes persons proposing to register gasoline additives or use previously registered additives as lead substitutes to elect to register such additives as lead substitute gasoline additives by providing the Administrator with specified information concerning product identity and composition.
Requires the Administrator to develop a test procedure to determine the additives' effectiveness in reducing valve seat wear and tendencies to produce engine deposits and other adverse effects.
Permits the Administrator to impose user fees to recover testing costs.
Authorizes appropriations.
Directs the Administrator to establish requirements for reformulated gasoline to be used in specified nonattainment areas.
Requires the greatest reductions in emissions of VOCs and toxic air pollutants achievable through the reformulation of gasoline.
Sets forth specified percentages for benzene, aromatic hydrocarbon, and oxygen content in reformulated gasoline.
Prohibits any lead or heavy metal content and requires additives to prevent accumulation of deposits in such gasoline.
Requires emissions of VOCs (in the high ozone period of the year) from 1990 vehicles using reformulated gasoline to be 15 percent below emissions from such vehicles when using baseline gasoline.
Provides that such emissions shall be 25 percent lower in 2000.
Applies the same standards year-round with respect to toxic air pollutant emissions from such vehicles.
Authorizes the Administrator to adjust the 25 percent requirement to provide for a lesser or greater reduction based on technological feasibility.
Sets forth reformulated gasoline certification requirements.
Prohibits the sale of:
(1) any conventional gasoline in specified ozone nonattainment areas after 1994; and
(2) any conventional gasoline for resale in such areas that does not meet certain segregation and labeling requirements.
Applies such prohibitions, upon the application of a State Governor, to Marginal, Moderate, Serious, or Severe ozone nonattainment areas.
Requires the Administrator to extend the prohibition in such areas if there is insufficient domestic capacity to produce certified gasoline.
Grants credits to persons refining, blending, importing, and certifying gasoline that has greater oxygen or lower hydrocarbon or benzene contents than required.
Prohibits the use or transfer of credits that would result in higher hydrocarbon or benzene or lower oxygen contents in gasoline in nonattainment areas.
Requires the Administrator to promulgate regulations to ensure that gasoline does not result in emissions of VOCs, nitrogen oxides, carbon monoxide, or toxic air pollutants exceeding emissions attributable to gasoline sold in 1990.
Prohibits, after 1994, the sale of gasoline which does not contain additives to prevent the accumulation of deposits in engines or fuel supply systems.
Requires States containing all or part of a Moderate or Serious carbon monoxide nonattainment area to submit implementation plan revisions to require that gasoline sold in such areas or in the CMSA or MSA in which such areas are located be blended to contain at least 2.7 percent oxygen.
Waives such requirement if the use of oxygenated gasoline would prevent or interfere with the attainment of an air quality standard for a pollutant other than carbon monoxide or if mobile sources of carbon monoxide do not contribute significantly to carbon monoxide levels in an area.
Requires retailers of oxygenated gasoline to label fuel dispensing systems with notices that the fuel is oxygenated and will reduce carbon monoxide emissions.
Directs the Administrator to promulgate regulations to allow the use of marketable oxygen credits from gasoline with higher oxygen content than required to offset the sale or use of gasoline with lower oxygen content than required.
Directs States containing Serious carbon monoxide areas not meeting air quality standards by the applicable attainment date to submit plan revisions requiring the minimum oxygen content of gasoline to be 3.1 percent by weight.
Makes it unlawful, after December 31, 1995, to introduce into commerce any gasoline containing lead or lead additives.
Requires the Administrator to:
(1) study emissions from nonroad engines and vehicles (other than locomotives or locomotive engines) to determine whether such emissions cause or contribute to air pollution anticipated to endanger public health or welfare;
(2) determine, based on such study, whether emissions of carbon monoxide, nitrogen oxides, and VOCs from such engines and vehicles are significant contributors to ozone or carbon monoxide concentrations in more than one ozone or carbon monoxide nonattainment area; and
(3) promulgate emissions standards for nonroad engines and vehicles determined to contribute significantly to air pollution.
Directs the Administrator to promulgate emissions standards for locomotives and locomotive engines.
Prohibits:
(1) the use of emissions control systems in nonroad engines and vehicles if the operation of such systems will cause or contribute to an unreasonable risk to public health or safety; and
(2) States or political subdivisions from enforcing emissions standards for new engines used in construction equipment or vehicles, farm equipment or vehicles smaller than 175 horsepower, or new locomotives or locomotive engines.
Authorizes California to enforce emissions standards for other nonroad vehicles and engines if such standards are as protective of public health and welfare as Federal standards.
Permits other States to adopt California's standards.
Requires the Administrator to establish at least one high altitude testing center to determine whether vehicles and engines to which regulations apply conform to applicable emissions standards.
Directs the Administrator to establish a high-altitude research and technology assessment center to develop and evaluate less-polluting heavy-duty engines and fuels for use in buses, heavy-duty trucks, and nonroad engines and vehicles.
Requires the Administrator to designate at least one center at high-altitude conditions to provide research on after-market emission components, dual-fueled vehicles and conversion kits, the effects of tampering on emissions equipment, testing of alternate fuels and conversion kits, and the development of curricula, training courses, and materials to maximize the effectiveness of inspection and maintenance programs as they relate to controlling vehicle emissions at high altitudes.
Authorizes the Administrator to promulgate regulations establishing fees to recover all costs to the U.S. Government associated with vehicle or engine certification and compliance monitoring and testing.
Provides for the deposit of such fees in a special U.S. Treasury fund.
Directs the Administrator to promulgate regulations that prohibit the manufacture, sale, or introduction into commerce of any engine (after model year 1992) that requires leaded gasoline.
Requires the Administrator to promulgate regulations to prohibit particulate matter emissions from urban buses manufactured after 1993 from exceeding 50 percent of particulate matter emissions standards allowed for heavy-duty diesel vehicles and engines manufactured in model year 1994.
Provides for increased emissions of particulate matter if such reduction is not technologically achievable.
Directs the Administrator, beginning with model year 1994 buses, to conduct annual tests to determine whether the buses comply with such standard over their full useful life.
Requires the Administrator, if such buses do not comply with such standard, to require all buses placed into service in MSAs or CMSAs with 1980 populations of 750,000 or more to be operated on low-polluting fuels.
Phases in such requirement over a period of five years, beginning three years after the Administrator's determination of noncompliance.
Requires existing buses that have their engines rebuilt after January 1, 1995, and that are operating in such areas to comply with emissions standards.
Makes it unlawful for manufacturers to fail to provide specific emissions control diagnostic system information to persons servicing motor vehicles and the Administrator. Prohibits the manufacture, sale, or installation of any part which bypasses or renders inoperative any device installed on motor vehicles or engines in compliance with this title.
Increases penalties for certain violations of the Clean Air Act. Authorizes the Administrator to commence a civil action to recover such penalties, subject to certain limitations.
Sets forth judicial review and collection provisions, including requirements for the imposition of nonpayment penalties.
Expands the scope and increases the amount of penalties for fuel regulations violations.
Directs the Administrator to promulgate clean-fuel vehicle standards.
Sets the useful life for clean-fuel light-duty vehicles and light-duty trucks at five years or 50,000 miles, whichever first occurs, for purposes of certification at 50,000 miles and ten years or 100,000 miles, whichever first occurs, for purposes of certification at 100,000 miles (with no testing to be done beyond seven years or 75,000 miles).
Sets an equivalent useful life for light-duty trucks over 6,000 pounds gvwr, except that certification shall be conducted at 11 years or 120,000 miles, (in lieu of ten years or 100,000 miles) whichever first occurs, with no testing to be done beyond seven years or 90,000 miles.
Sets standards for emissions of nonmethane organic gas, carbon monoxide, nitrogen oxides, particulate matter, and formaldehyde from:
(1) clean-fuel light-duty vehicles and trucks manufactured after 1995; and
(2) clean-fuel light-duty trucks over 6,000 pounds gvwr manufactured after 1997.
Sets additional (Phase II) standards for clean-fuel light-duty vehicles and trucks, beginning with model year 2001.
Directs the Administrator to promulgate standards for vehicles manufactured after 1995 (up to 8,500 pounds gvwr) that are capable of operating on more than one fuel.
Sets standards for emissions of nonmethane organic gas, carbon monoxide, nitrogen oxides, and particulate matter from such vehicles.
Permits the California Air Resources Board (CARB) to adopt their own standards for clean-fuel vehicles, as long as such standards are as at least as protective of public health and welfare as standards under this Act. Delays application of standards under this Act for two years if CARB adopts less stringent clean-fuel vehicle standards.
Sets standards for emissions of nitrogen oxides and nonmethane hydrocarbons from clean-fuel heavy-duty vehicles manufactured after 1997.
Authorizes a less stringent standard if the Administrator determines that such standard is not technologically feasible for clean diesel-fueled vehicles.
Requires States containing Serious, Severe, or Extreme ozone nonattainment areas or specified carbon monoxide nonattainment areas with populations over 250,000 to submit plan revisions to establish clean-fuel vehicle fleet programs.
Phases-in clean fuel requirements, requiring at least:
(1) 70 percent of light-duty vehicles and trucks to be clean-fuel vehicles by model year 2000; and
(2) 50 percent of heavy-duty trucks weighing 8,500 pounds or more to be clean-fuel vehicles by model year 2000.
Requires accelerated clean-fuel vehicle fleet standards for light-duty vehicles and trucks, to treat model years 1998 through 2000 as clean-fuel vehicles only if they comply with clean-fuel standards for model year 2001 vehicles.
Directs States to provide credits to fleet operators for the purchase of:
(1) more clean-fuel vehicles than required;
(2) clean-fuel vehicles which meet more stringent standards than required; or
(3) vehicles in categories not covered by clean-fuel standards that meet such standards.
Permits such credits to be used to demonstrate compliance or to be traded or sold.
Directs the Administrator, solely for the purpose of issuing credits, to establish more stringent clean-fuel standards for ultra-low emission vehicles and zero emissions vehicles.
Requires Federal facilities where vehicles are supplied with clean fuel to sell such fuel to the public unless the fuel is available commercially in the vicinity of such facilities.
Prohibits certain transportation control measures from applying to clean-fuel vehicles.
Permits clean-fuel vehicle requirements to be met through the conversion of gasoline- or diesel-powered vehicles to clean-fuel vehicles.
Requires the Secretary of Transportation to promulgate regulations concerning the safety of converted vehicles.
Authorizes appropriations for Federal clean-fuel vehicle fleets.
Requires the Administrator to establish a pilot program in California to demonstrate the effectiveness of clean-fuel vehicles in controlling pollution in ozone nonattainment areas.
Applies program requirements to specified passenger cars and light-duty trucks.
Provides that clean-fuel vehicles shall be produced, sold, and distributed in such areas, requiring:
(1) 150,000 model years 1996 through 1998 clean-fuel vehicles; and
(2) 300,000 clean-fuel vehicles for each subsequent model year.
Requires the State of California to submit an implementation plan revision requiring clean alternative fuels to be produced and distributed by fuel suppliers and made available in California. Authorizes the granting of credits to persons who exceed such requirements and permits the transfer of credits for compliance purposes.
Provides that retail gasoline dispensing facilities that would have to remove an underground fuel storage tank to comply with this Act and that have already removed a tank to comply with the Solid Waste Disposal Act shall not be required to comply with clean fuel sales requirements until seven years after the date such tanks were removed.
Requires the Administrator to establish a clean fuel program for California if California fails to establish such program.
Directs the Administrator to report to the Congress on the CARB Low-Emissions Vehicles and Clean Fuels Program. Requires the Administrator to promulgate regulations establishing a voluntary program under which clean fuel vehicles and clean alternative fuels are made available in other States which contain Serious, Severe, or Extreme ozone nonattainment areas.
Authorizes the Administrator to credit a State with emissions reductions if the State requires refueling facilities to make clean fuels available to the public.
Directs the Secretary of Transportation to promulgate regulations regarding the safety and use of fuel storage cylinders and fuel systems in conversions of vehicles.
Repeals specified provisions concerning:
(1) reporting requirements;
(2) waivers of emissions standards;
(3) propulsion and emissions control systems;
(4) exemptions from emissions control systems modifications; and
(5) low-emission vehicles.
Part
B
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Other Provisions
Requires the Administrator to contract with a laboratory which has done research on alcohol esters of rapeseed oil to evaluate the feasibility, engine performance emissions, and production capability of an alternative to diesel fuel composed of ethanol and high erucic rapeseed oil.
Directs the Administrator and the Secretary of Transportation to study and report to the Congress on the testing of uninstalled aircraft engines in enclosed test cells.
Permits States to enforce nitrogen oxides emissions standards from test cells only after issuing a public notice stating whether such standards are in accordance with such study.
Directs the Administrator, prior to any use of the Industrial Source Complex (ISC) Model using AP-42 Compilation of Air Pollutant Emission Factors, to analyze the accuracy of such model and emissions factors and make necessary revisions to eliminate over-prediction of air quality effect of fugitive particulate emissions from surface coal mines.
Sets forth Federal compliance provisions.
Title
III
-
Hazardous Air Pollutants
Establishes a list of hazardous air pollutants.
Directs the Administrator to review such list periodically and to add pollutants which present a threat of adverse human health or environmental effects.
Provides that no substance or activity regulated under title VI of the Clean Air Act shall be subject to regulation solely due to adverse environmental effects.
Permits others to petition for additions to or deletions from (or, in certain cases, for the removal of unique chemical substances) such list.
Requires the presentation of specific data concerning health or environmental effects for the modification of such list.
Prohibits the listing of elemental lead as a hazardous air pollutant.
Requires the Administrator to:
(1) list and establish emissions standards for all categories of major and area sources of listed pollutants; and
(2) list a sufficient number of area sources to ensure that sources representing 90 percent of the emissions of the 30 hazardous air pollutants that present the greatest threat to public health in the largest number of urban areas are subject to regulation.
Requires emissions standards to be promulgated within ten years of this Act's enactment or two years after the source is listed, whichever is later.
Provides that standards for specific listed pollutants shall be promulgated within five years of this Act's enactment.
Requires the Administrator to establish a separate source category for research or laboratory facilities.
Directs the Administrator, when establishing emissions standards for styrene, to list boat manufacturing as a separate source category.
Authorizes the Administrator to delete from the list any source category for which:
(1) no source emits a pollutant in quantities which may cause a lifetime risk of cancer greater than one in one million to the individual most exposed to the pollutant; and
(2) no source emits pollutants at a level exceeding that which is adequate to protect public health.
Requires source standards to be no less stringent than standards achieved by the best controlled similar source.
Permits emissions standards for existing sources to be less stringent than those for new sources, subject to certain conditions.
Directs the Administrator to review source standards at least every eight years.
Requires the Administrator to promulgate:
(1) specified emissions standards for coke oven batteries by December 31, 1992; and
(2) work practice regulations for such batteries within three years of this Act's enactment.
Establishes a timetable for the promulgation of source emissions standards, requiring standards for all categories within ten years of this Act's enactment.
Directs the Administrator to promulgate emissions standards for publicly owned treatment works within five years of this Act's enactment.
Directs the Administrator, within six years of this Act's enactment, to report to the Congress on the remaining risks to public health posed by sources after the application of standards.
Requires the Administrator, if the Congress does not act upon a recommendation for legislation regarding such risks, to promulgate standards for any source category to protect public health.
Establishes a timetable for the promulgation of, and compliance with, such standards.
Prohibits the modification, construction, or reconstruction of any major source of hazardous air pollutants after the effective date of a State permit program unless the Administrator or the State determines that emissions limitations for existing sources will be met.
Authorizes the Administrator, if it is not feasible to enforce an emissions standard for a hazardous air pollutant, to promulgate design, equipment, work practice, or operational standards with respect to such pollutant.
Permits alternative emissions standards to be used to comply with this Act if the owner or operator of the source demonstrates that such alternative will achieve an emissions reduction equivalent to that achieved under this Act's requirement.
Prohibits the construction or reconstruction of a major source subject to emissions standards under this Act unless such source will comply with such standards.
Sets forth a compliance schedule for emissions standards under this Act. Requires compliance by existing sources within three years of the effective date of such standards.
Authorizes one-year extensions to comply with such standards if necessary for the installation of controls.
Grants extensions of up to three years for mining waste operations if four years is insufficient to reduce emissions.
Permits the President to exempt any stationary source from standards for up to two years if the technology to implement the standards is not available and it is in U.S. national security interests to do so.
Authorizes additional two-year extensions of such exemptions.
Permits the Administrator or a State with an approved permit to issue permits authorizing sources that have achieved at least a 90 percent reduction in emissions of hazardous air pollutants (95 percent in the case of particulates) to comply with alternative emissions limitations in lieu of standards under this Act. Requires the Administrator, with respect to pollutants for which high risks of adverse health effects are associated with exposures to small quantities, to limit the use of offsetting reductions in emissions of other hazardous air pollutants from a source as counting toward the 90 percent reduction in high risk pollutants qualifying for an alternative emissions limitation.
Extends compliance deadlines for:
(1) existing sources that have installed best available control technology or technology required to meet a lowest achievable emission rate until five years after such installation or reduction has been achieved; and
(2) sources for which construction or reconstruction is commenced after an emissions standard has been proposed, but before a residual risk standard has been proposed, until ten years after the date construction commences.
Extends residual risk compliance deadlines until January 1, 2020, for coke oven batteries meeting specified interim emissions standards.
Requires the Administrator, by December 31, 1992, to promulgate emissions limitations for coke oven batteries.
Requires compliance with such limitations by January 1, 1998.
Directs the Administrator to review (and as necessary, revise) such standard by January 1, 2007.
Requires compliance by January 1, 2010, if such standard is revised.
Requires equivalent emissions limitations to be applied by permits if the Administrator fails to promulgate a standard for a category of sources.
Requires the Administrator to conduct an urban pollution research program to include:
(1) ambient monitoring for a range of hazardous air pollutants in a number of urban areas;
(2) analysis to characterize the area sources of such pollution and the health risks posed by such pollutants; and
(3) consideration of factors which elevate such health risks.
Requires the Administrator to transmit to the Congress a comprehensive strategy to control hazardous air pollutants released by sources in urban areas.
Outlines the requirements of such strategy, including:
(1) a list of the 30 most hazardous air pollutants and sources of such pollutants;
(2) a schedule for specific actions to reduce emissions of particular hazardous air pollutants;
(3) a goal to reduce the incidence of cancer attributable to hazardous air pollutants by 75 percent; and
(4) the identification of research needs in monitoring or pollution control techniques and recommendations for changes in law to further the goals of such strategy.
Requires compliance with such strategy within nine years of this Act's enactment.
Provides for ambient monitoring and emissions modeling in urban areas as part of such strategy.
Requires the Administrator to set aside at least ten percent of funds available for grants under this section to support State strategies to reduce risk from source emissions in urban areas.
Directs the Administrator, at intervals no later than eight and ten years after this Act's enactment, to report to the Congress on actions taken to reduce risks to public health posed by pollutants from area sources.
Requires such report to identify metropolitan areas which continue to experience high risks as the result of emissions from such sources.
Authorizes States to develop and submit to the Administrator for approval programs for the control of emissions of hazardous air pollutants or for the prevention and mitigation of accidental releases of such pollutants.
Permits the Administrator's enforcement authorities to be transferred to a State. Requires the Administrator to publish guidance for use in program development.
Requires such guidance to provide for registration of facilities handling such pollutants in amounts greater than the threshold quantity.
Directs the Administrator to establish an air toxics clearinghouse and center to provide technical information and assistance.
Authorizes the Administrator to make grants to States for program development.
Requires the Administrator to withdraw approval of a program if it is determined that the State is not administering or enforcing such program.
Authorizes the Administrator to approve local programs pursuant to this Act. Requires the Administrator to identify and assess the extent of atmospheric deposition of air pollutants on the Great Lakes, the Chesapeake Bay, Lake Champlain, and coastal waters.
Directs the Administrator to establish:
(1) atmospheric deposition monitoring networks on the Great Lakes and coastal waters; and
(2) atmospheric deposition monitoring stations at Chesapeake Bay and Lake Champlain. Requires the Administrator to report biennially to the Congress on such activities.
Directs the Administrator to:
(1) study and report to the Congress on the anticipated health hazards from pollutant emissions by electric utility steam generating units after imposition of this Act's requirements;
(2) describe alternative control strategies for emissions warranting regulation; and
(3) regulate such units, as appropriate.
Requires the Administrator to study and report to the Congress on mercury emissions.
Directs the National Institute of Environmental Health Sciences to study and report to the Congress on the threshold level of mercury exposure below which adverse human health effects are not expected to occur.
Directs the Secretary of Energy and the Administrator to undertake a research program to assist in the development of technically practicable and economically viable coke oven emissions control technologies with the potential for significant emissions reduction.
Authorizes the Secretary and the Administrator to enter into agreements for the development, installation, and operation of such technologies.
Limits the Federal share of such projects to 50 percent of the total cost.
Requires the Secretary to report annually to the Congress on such research.
Authorizes appropriations.
Authorizes the Administrator to conduct studies to characterize emissions of hazardous air pollutants from publicly-owned treatment works, identify industrial, commercial, and residential discharges which contribute to such emissions, and demonstrate control measures for such emissions.
Prohibits emissions from oil or gas exploration or production wells and pipeline compressors or pump stations (and associated equipment) from being aggregated with emissions from similar units or stations to determine whether the units or stations are major sources.
Requires the Administrator to promulgate standards for wells posing specified health or carcinogenic risks.
Permits the Administrator to establish an area source category for production wells located in MSAs or CMSAs with populations over 1,000,000 if emissions from such wells present more than a negligible risk of adverse effects to public health.
Directs the Administrator to:
(1) assess the hazards to public health and the environment resulting from emissions of hydrogen sulfide associated with the extraction of oil and natural gas resources;
(2) report the results of such assessment, together with recommendations, to the Congress; and
(3) develop and implement a control strategy for such emissions.
Requires the Administrator, for regions of the country which do not have comprehensive health and safety regulations with respect to hydrofluoric acid, to study the potential hazards and uses of hydrofluoric acid and make recommendations to the Congress for the reduction of such hazards.
Requires the Administrator to enter into arrangements with the National Academy of Sciences (NAS) to review risk assessment methodology used by EPA to determine the carcinogenic and other health risks associated with exposure to hazardous air pollutants.
Directs NAS to submit its review to specified congressional committees, the Administrator, and the Risk Assessment and Management Commission. Authorizes appropriations.
Directs the Administrator, prior to promulgating any residual risk standard, to publish revised Guidelines for Carcinogenic Risk Assessment or an explanation of why any NAS recommendations will not be implemented.
Requires the Administrator to oversee the creation of a National Urban Air Toxics Research Center to be located at a facility capable of undertaking research in epidemiology, oncology, toxicology, pulmonary medicine, pathology, and statistics.
Provides that the site of the Center should be directed to Harris County, Texas, to take advantage of the scientific community and extensive data at the Texas Medical Center. Requires the Research Center to be funded with both Federal and private funds.
Prohibits the establishment of standards for specified radionuclide emissions.
Provides that standards for medical research or treatment facilities shall not take effect until two years after this Act's enactment unless the Administrator determines that the Nuclear Regulatory Commission's regulatory program for such facilities does not provide an ample margin of safety to protect public health.
Requires the Administrator to promulgate a list of 100 substances which, in the case of an accidental release, may be anticipated to cause death or serious adverse health or environmental effects.
Provides for the review of such list at least every five years and revisions, as necessary.
Authorizes exemptions for substances that are nutrients used in agriculture.
Establishes within EPA a Chemical Safety and Hazard Investigation Board to investigate and report on accidental chemical releases, make recommendations on the safety of chemical production, processing, handling, and storage, and promulgate requirements for the reporting of such releases.
Requires the Board to enter into memoranda of understanding with the National Transportation Safety Board and the Occupational Health and Safety Administration (OSHA) to assure coordination of functions and limit duplication of activities.
Authorizes the Board to conduct research and studies with respect to accidental releases of hazardous substances.
Requires the Board to publish a report, along with recommendations, on the use of hazard assessments in preventing and minimizing such releases.
Directs the Administrator to set forth reasons for any refusal to implement a recommendation of the Board. Authorizes the Board to make recommendations to the Secretary of Labor, hold hearings, secure written reports from any person handling chemicals, and conduct inspections of any facility where an accidental release has occurred.
Grants workers the right to participate in inspections.
Directs the Board to report to the EPA and OSHA Administrators on regulations for risk management plans and requirements for the prevention of accidental releases of regulated substances and for the mitigation of adverse effects on health and the environment due to such releases.
Requires information obtained by the Board, unless it is likely to cause substantial harm to a person's competitive position, to be made available to the public.
Sets forth provisions concerning the submission of budget information by the Board. Directs the Board to report annually to the President and the Congress on accidental releases, recommendations, and priorities for research and investigations.
Authorizes the Administrator to promulgate release prevention, detection, and correction requirements, including requirements for monitoring, recordkeeping, and design, equipment, and operational practices, to prevent accidental releases of regulated substances.
Directs the Administrator to promulgate regulations and guidance to provide for the prevention and detection of accidental releases of regulated substances and for the response to such releases by owners and operators of sources.
Makes it unlawful to violate such regulations.
Authorizes the Administrator to publish information on accident scenarios covering a range of possible events for regulated substances.
Requires the Administrator to establish a long-term research program to disseminate information on hazard assessment techniques.
Authorizes the Administrator to secure such relief as may be necessary when determined that an actual or threatened release of a regulated substance poses an imminent and substantial danger to the public health or welfare or the environment.
Permits the Administrator to issue orders to protect human health, welfare, or the environment.
Directs the Administrator to publish guidance for the coordination of such authority with the relevant authorities under other Federal environmental laws.
Requires the President to:
(1) review release prevention, mitigation, and response authorities of various Federal agencies and coordinate agency responsibilities to assure efficient implementation of such authorities and identify any deficiencies in authority or resources; and
(2) report to the Congress on such activities, along with recommendations for changes in law.
Directs the Administrator to maintain a database on pollutants and sources subject to accidental release requirements.
Repeals certain provisions concerning the revision of stationary source regulations.
Establishes a Risk Assessment and Management Commission to investigate the policy implications and appropriate uses of risk assessment and management in Federal regulatory programs to prevent cancer and other chronic human health effects resulting from exposure to hazardous substances.
Requires the Commission to report the results of its investigations to the Congress and the President, together with any legislative recommendations.
Authorizes appropriations.
Directs the Secretary of Labor to act under the Occupational Safety and Health Act of 1970 to prevent accidental releases of chemicals which could pose a threat to employees.
Requires the Secretary to promulgate a chemical process safety standard to protect employees from such releases.
Includes as part of the standard a list of highly hazardous chemicals.
Sets forth minimum requirements for such standard.
Directs the Administrator to promulgate performance standards to control emissions of particulate matter, opacity, sulfur dioxide, hydrogen chloride, nitrogen oxides, carbon monoxide, lead, cadmium, mercury, dioxins, and dibenzofurans from solid waste incineration units.
Permits less stringent standards for existing units.
Requires such standards to be reviewed and revised every five years.
Directs States with such units to submit plans to the Administrator which provide for compliance with requirements within five years of the promulgation of the Administrator's guidelines.
Requires the Administrator to enforce a plan for any State that fails to submit a plan within two years of the promulgation of such guidelines.
Directs the Administrator to promulgate regulations requiring owners or operators of solid waste incineration units to monitor emissions, make reports, and keep records of monitoring results.
Requires the Administrator to develop a program for the training and certification of unit and high-capacity fossil fuel fired plant operators.
Authorizes States to implement such programs, provided they are as effective as the Administrator's program.
Makes it unlawful for a person without training to operate such units after a specified date.
Requires permits for the operation of such units.
Limits permit terms to 12 years.
Requires permits to be reviewed every five years.
Provides for the termination of a permit if the unit is not in compliance with permit terms and conditions.
Sets forth enforcement provisions.
Directs the Administrator to promulgate residual risk standards for units, as required.
Includes as major emitting facilities under the Clean Air Act municipal incinerators capable of charging more than 50 tons of refuse per day (currently, only incinerators charging more than 250 tons per day are included).
Directs the Administrator, prior to promulgating unit performance standards, to review the availability of acid gas scrubbers for small new units and existing units.
Title
IV
-
Acid Deposition Control
Amends the Clean Air Act to declare that the purpose of this title is to achieve nationwide reductions in annual emissions of:
(1) sulfur dioxide of 10,000,000 tons from 1980 emissions levels; and
(2) nitrogen oxides of approximately 2,000,000 tons from 1980 levels.
Directs the Administrator to allocate annual allowances to affected sources in amounts equal to the annual tonnage emissions limitations under this Act. Prohibits the Administrator, after 1999, from issuing annual allowances in amounts which would result in total sulfur dioxide emissions over 8.90 million tons from utility units, except as otherwise provided.
Provides for the reduction of such allowances if necessary to meet such restriction.
Continues the allocation of allowances to an owner or operator if an existing unit is removed from operation.
Requires allowances to be allocated without cost to the recipient.
Authorizes the transfer of allowances between owners and operators or other persons, subject to certain limitations.
Permits the transfer of allowances prior to the issuance of such allowances.
Requires the Administrator to submit to the Congress a study evaluating the environmental and economic consequences of allowing trading of sulfur dioxide allowances for nitrogen oxides allowances.
Makes it unlawful, after 1999, for owners or operators of new utility units to emit an annual tonnage of sulfur dioxide in excess of the number of allowances held.
Makes such units ineligible for allocations of allowances, with specified exceptions.
Permits new units to obtain allowances from other persons.
Makes it unlawful to:
(1) hold, use, or transfer allowances except in accordance with regulations; and
(2) (for any affected unit) emit sulfur dioxide in excess of the number of allowances held by such unit.
Prohibits allowances from being used prior to the calendar year for which they were issued.
Lists sources and their sulfur dioxide allowances.
Makes it unlawful, after 1994, for a source to emit excess sulfur dioxide unless emissions reduction requirements have been achieved or the source holds allowances to emit not less than the unit's total annual emissions.
Makes owners or operators liable for any violation.
Requires the Administrator to determine the total tonnage of reductions in sulfur dioxide emissions from all utility units in 1995 that will occur as a result of compliance with emissions limitations and establish a reserve of allowances equal to such tonnage.
Grants additional allowances, from 1995 to 1999, to units in Illinois, Indiana, or Ohio (other than units at Kyger Creek, Clifty Creek, and Joppa Steam). Excludes such allowances from the calculation of the reserve.
Authorizes owners or operators of affected units to submit proposals to the Administrator to reassign sulfur dioxide emissions requirements to any other unit under their control.
Sets forth approval procedures for proposals.
Permits extensions of up to two years for meeting affected source compliance requirements, subject to certain conditions.
Makes Phase I extension units eligible to receive allowances.
Grants allowances to specified units making emissions reductions prior to 1995.
Requires the Administrator, for each ton of sulfur dioxide emissions avoided by an electric utility through the use of qualified energy conservation measures or renewable energy, to issue an allowance to the utility from the Conservation and Renewable Energy Reserve (provides for a total of 300,000 allowances from such Reserve). Sets forth specified requirements for the issuance of such allowances.
Permits allowances to be issued only:
(1) to units owned by an electric utility implementing a least cost energy plan; and
(2) with respect to kilowatt hours of electric energy saved by energy conservation measures or generated by renewable energy after 1991 and before the earlier of December 31, 2000, or the date on which the unit to which the allowance is allocated becomes subject to this title.
Sets forth allowance application requirements for electric utilities.
Requires the Administrator to establish a Conservation and Renewable Energy Reserve to make available, in accordance with a specified formula, allowances equivalent to 300,000 tons of emissions.
Provides that if allowances remain in the Reserve after January 2, 2010, the Administrator shall allocate allowances to Phase II affected units on a pro rata basis.
Provides for alternative allowance allocations for units electing to calculate baselines by utilizing their average annual fuel consumption at a 60 percent capacity factor.
Sets forth sulfur dioxide emissions limitations (Phase II) and allowances for specified coal-fired, oil-fired, and gas-fired utilities after 1999.
Requires the Administrator to:
(1) allocate Phase II bonus allowances; and
(2) allocate a specified amount of allowances annually to units located in Illinois, Indiana, Ohio, Georgia, Alabama, Missouri, Pennsylvania, West Virginia, Kentucky, or Tennessee (other than units at Kyger Creek, Clifty Creek, and Joppa Steam) that shall be exempt from the 8.9 million ton cap on emissions.
Sets forth sulfur dioxide emissions limitations (Phase II) and allowances for specified steam-electric, coal-fired, oil-fired, and gas-fired utilities after 1999.
Requires the Administrator to allocate annual allowances to specified municipally-owned power plants.
Directs the Administrator, at a State Governor's election, to allocate specified allowances (in lieu of other allowances) to States with a specified sulfur dioxide emissions rate.
Applies nitrogen oxides emissions limitations to certain coal-fired utilities subject to sulfur dioxide limitations.
Requires the Administrator to set specified nitrogen oxides emissions limitations for certain types of utility boilers.
Directs the Administrator, by January 1, 1993, to promulgate revised standards of performance for emissions of nitrogen oxides from fossil fuel fired steam generating units.
Authorizes the imposition of alternative, less stringent nitrogen oxides emissions limitations, subject to certain conditions.
Permits owners or operators of two or more units to petition for contemporaneous alternative nitrogen oxides emissions limitations.
Requires this title to be implemented by permits that prohibit exceedances of sulfur dioxide emissions rates or allowances, the use of allowances prior to the year the allowances were allocated, and the contravention of any permit provision.
Provides that permits shall be issued for five-year periods.
Requires permits to be accompanied by compliance plans.
Authorizes the Administrator to require:
(1) a demonstration of attainment of national air quality standards for sources; and
(2) an integrated compliance plan from owners or operators of two or more sources.
Directs the Administrator to issue permits to listed Phase I affected sources.
Sets forth permit application and approval procedures.
Requires the Administrator to promulgate regulations to implement a Federal permit program for affected sources.
Establishes deadlines for Second Phase sulfur dioxide emissions and nitrogen oxide emissions requirements with respect to:
(1) the submission of permit applications and compliance plans; and
(2) the issuance of permits by States to affected sources.
Requires the Administrator, if a State fails to issue permits by the required deadline, to issue such permits by January 1, 1998.
Authorizes the submission of revised applications or plans.
Makes it unlawful to:
(1) fail to submit an application or plan in accordance with deadlines; or
(2) operate any source, except in compliance with a permit program.
Prohibits the issuance of a permit until the owner or operator of the affected unit files a certification concerning the holding and distribution of allowances.
Authorizes owners or operators of specified existing sources subject to Phase II sulfur dioxide emissions limitations to demonstrate to the permitting authority that one or more units will be repowered with a qualifying clean coal technology.
Grants owners or operators satisfying demonstration requirements extensions of limitations for such units from January 1, 2000, to December 31, 2003.
Directs the Administrator, for the period of an extension, to grant annual allowances for sulfur dioxide to owners or operators of an affected unit.
Prohibits the transfer or use of such allowances by any other source to meet emissions requirements under this title.
Requires owners or operators to notify the Administrator in advance of the date on which the affected unit is to be removed from operation to install repowering technology.
Establishes emissions rates and allowances for such sources.
Encourages expedited permitting for such units.
Makes it unlawful to fail to comply with such requirements.
Authorizes owners or operators of existing units that emit sulfur dioxide to elect to designate such sources as affected units.
Requires such designations to be submitted to the Administrator for approval.
Directs the Administrator to establish a baseline for such units based on fuel consumption and operating data from 1985 through 1987.
Establishes emissions limitations for such sources.
Applies allowance and permit requirements for affected sources to designated affected sources.
Authorizes the Administrator to establish a program for the designation of process sources as affected sources.
Prohibits designated sources from transferring or banking allowances produced as a result of reduced utilization or shutdown unless the reduced utilization or shutdown results from the replacement of thermal energy from the designated unit and such unit's allowances are for use at other replacement units.
Directs the Administrator to issue allowances to owners or operators of specified small diesel refineries who produce diesel fuel after October 1, 1993.
Permits the issuance of such allowances until December 31, 1999.
Limits the total number of allowances to be issued and the annual amount for each refinery.
Prohibits the allocation of allowances to such refineries unless they certify that they meet sulfur content requirements for diesel fuel prescribed under this Act. Makes owners or operators of units or sources covered by this title that emit excess sulfur dioxide and nitrogen oxides liable for the payment of an excess emissions penalty based on excess tonnage.
Requires owners or operators of affected sources emitting excess sulfur dioxide to:
(1) offset the excess emissions by an equal tonnage amount in the following year or such period as the Administrator may prescribe; and
(2) submit a plan to achieve such offsets to the Administrator. Directs the Administrator to:
(1) deduct allowances equal to the excess tonnage from those issued for the source for the year or succeeding years in which offsets are required; and
(2) adjust the penalty annually for inflation.
Makes it unlawful for liable owners or operators to fail to comply with such requirements.
Requires sources subject to this title to install and operate continuous emission monitoring systems (CEMS) and to assure the data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow for each unit.
Directs the Administrator to specify the requirements for CEMS, alternative methods of monitoring, and recordkeeping and reporting of information from such systems.
Sets first and second phase deadlines for compliance with such requirements.
Requires the Administrator to prescribe means for calculating emissions for any unit for which continuous monitoring is not available.
Makes it unlawful to operate any source not in compliance with such requirements.
Deems excess emissions from an affected source to be a violation of this Act, with each ton emitted in excess of allowances constituting a separate violation.
Provides for revised regulations to address physical or operational changes to existing facilities for the installation, operation, or removal of clean coal technologies.
Requires the Federal share for a qualifying project to be at least 20 percent of the total project cost.
Directs the Administrator to promulgate revised regulations to facilitate such projects.
Requires the Administrator to establish a Special Allowance Reserve to contain allowances to be sold.
Directs the Administrator to withhold specified amounts of allowances allocated, beginning in 1995.
Requires such allowances to be sold for $1,500 per allowance, adjusted for inflation.
Entitles independent power producers to receive the Administrator's written guarantee that allowances will be made available for purchase at a guaranteed price if the producer:
(1) proposes to construct a new independent power production facility for which allowances are required;
(2) will apply for financing to construct such facility after January 1, 1990, and before the date of a specified allowance auction;
(3) has submitted to each Phase I affected unit an offer to purchase allowances for $750 per ton; and
(4) has not received an acceptance of the offer within 180 days after submission of the offer.
Sets forth eligibility requirements for producers seeking such guarantee.
Affords guarantee recipients the opportunity to purchase allowances from the Direct Sale Subaccount of the Reserve before such allowances are offered for sale to any other person.
Requires allowance sale proceeds to be transferred to owners or operators of units from whom allowances were withheld.
Provides that unsold allowances shall be transferred to the Subaccount for Auction Sales. Directs the Administrator to establish an Auction Subaccount in the Special Reserve to contain allowances to be sold at auction in the amount of 150,000 tons annually from 1995 through 1999 and 200,000 tons annually thereafter.
Requires the Administrator to conduct annual allowance auctions, beginning in 1993.
Sets forth administrative provisions concerning such auctions.
Requires any person who enters into a contract under which such person receives hydroelectric energy for the provision of electric energy by such person to use allowances held to satisfy such person's contract obligations.
Makes this title's requirements inapplicable to electric energy generated by hydroelectric facilities and marketed by a Federal Power Marketing Administration. Directs persons who sell or provide electric energy to a Power Marketing Administration to comply with such requirements.
Requires the Administrator to promulgate regulations for revised performance standards for new fossil fuel fired electric utility units which commence construction after such regulations are proposed.
Directs the Administrator to report to the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce on the feasibility and effectiveness of an acid deposition standard to protect sensitive aquatic and terrestrial resources.
Requires the Administrator to create a National Acid Lakes Registry to list all lakes known to be acidified due to acid deposition.
Provides for additions to, or deletions from, such list, as appropriate.
Requires the Administrator to transmit to the Congress an annual inventory of sulfur dioxide emissions from industrial sources along with an indication of likely trends in such emissions over the following 20-year period.
Directs the Administrator, whenever such inventory indicates that such emissions may reach certain levels, to take appropriate actions under the Clean Air Act. Expresses the sense of the Congress that this Act, through the allowance program, allocates the costs of achieving required emissions reductions of sulfur dioxides and nitrogen oxides among sources in the United States. Directs the Administrator to report to the Congress on emissions levels of sulfur dioxides and nitrogen oxides in provinces participating in Canada's acid rain control program, along with specified reduction and employment impact information.
Requires the Secretary of Energy to report to the Congress on clean coal technology export programs in Federal agencies and the feasibility of establishing an interagency commission to promote the export and use of such technologies.
Authorizes appropriations to the U.S. Fish and Wildlife Service for:
(1) research related to acid deposition and the monitoring of high altitude mountain lakes in the Wind River Reservation, Wyoming; and
(2) a study to be conducted in conjunction with the University of Wyoming on various buffering and neutralizing agents used to restore lakes and streams damaged by acid deposition.
Authorizes the suspension of excess emissions penalties or offset requirements during national or regional energy emergencies.
Directs the Secretary of Energy to consider funding at least 50 percent of the cost of a demonstration project for a technology system for a cyclone boiler that will serve as a model for sulfur dioxide and nitrogen oxide reduction technology at a combustion unit required to meet emissions reductions under this Act. Requires such unit to:
(1) be among the top ten emitters of sulfur dioxide;
(2) have three or more units, two of which are cyclone boilers; and
(3) have no existing scrubbers.
Authorizes appropriations.
Title
V
-
Permits
Makes it unlawful to violate any permit requirement or to operate a source subject to standards under the Clean Air Act, except in compliance with a permit.
Authorizes the Administrator to exempt sources (other than major sources) from permit requirements if compliance is impracticable, infeasible, or burdensome.
Directs the Administrator to promulgate regulations establishing the minimum elements of a permit program to be administered by any air pollution control agency.
Requires such program to include requirements for:
(1) permit applications;
(2) monitoring and reporting;
(3) permit fees of at least $25 per ton of each regulated pollutant to be increased in accordance with the Consumer Price Index;
(4) adequate personnel and funding;
(5) certain authorities for the permitting authority;
(6) adequate procedures for public notice and comment on permit applications; and
(7) permit revisions and changes within permitted facilities.
Authorizes the Administrator to collect fees from any source if determined that the permitting authority is not adequately administering or enforcing a permit program.
Requires sources that fail to pay fees to the Administrator to pay penalties of 50 percent of the fee amount plus interest.
Requires such fees to be used to support the air pollution control program of a State or interstate agency.
Directs State Governors to submit:
(1) permit programs to the Administrator within three years of this Act's enactment; and
(2) legal opinions from the attorney general that the laws of the State, locality, or interstate compact provide adequate authority to carry out such program.
Sets forth approval and modification procedures for such programs.
Imposes sanctions applicable to failures to attain air quality standards (for pollutants in nonattainment areas) upon States failing to submit approved programs.
Prohibits the approval of a partial permit program unless it meets certain minimum requirements.
Provides that approval of a partial program shall not relieve a State of its obligation to submit a complete program.
Sets forth interim approval, administration, and enforcement procedures.
Requires permittees to submit compliance plans with permit applications and to periodically certify that such facilities are in compliance with this Act's requirements.
Directs permitting authorities to establish specified schedules for acting on permit applications.
Makes permit applications, compliance plans, monitoring reports, certifications, and permits available to the public.
Requires permits to include emissions limitations and standards, schedules of compliance, submissions of monitoring results, and such other conditions as are necessary to assure compliance with applicable requirements.
Authorizes the Administrator to prescribe procedures for determining compliance and for monitoring and analysis of pollutants regulated under this Act. Requires permits to set forth inspection, entry, monitoring, compliance certification, and reporting requirements.
Authorizes permitting authorities to issue single permits authorizing emissions from similar operations at multiple temporary locations.
Requires owners or operators of temporary sources to notify the permitting authority in advance of any change in location of such sources.
Authorizes the permitting authority to require separate fees for operations at each location.
Requires permitting authorities to:
(1) submit to the Administrator all permit applications and copies of proposed and final permits; and
(2) notify all States whose air quality may be affected and that are contiguous to the State in which the emissions originate or that are within 50 miles of the source of each application and provide an opportunity for such States to submit recommendations regarding such permit.
Sets forth provisions concerning:
(1) issuance or denial of permits;
(2) waivers of notification requirements; and
(3) notifications to States regarding termination, modification, revocation, or reissuance of permits.
Requires States to submit plans for establishing small business stationary source technical and environmental compliance assistance programs to the Administrator. Sets forth program requirements.
Directs the Administrator to establish a small business stationary source technical assistance program.
Sets forth program requirements.
Makes eligible for such assistance stationary sources that:
(1) are owned or operated by persons employing 100 or fewer individuals;
(2) are small business concerns;
(3) are not major stationary sources;
(4) do not emit 50 tons or more annually of any regulated pollutant; and
(5) emit less than 75 tons annually of all regulated pollutants.
Authorizes States to petition for the inclusion in such programs of sources not meeting specified eligibility criteria.
Excludes from such programs any source determined to have sufficient technical and financial capabilities to meet this Act's requirements.
Directs the EPA Office of Small and Disadvantaged Business Utilization, acting through the Small Business Ombudsman, to monitor the small business stationary source technical and environmental compliance assistance program.
Creates a Compliance Advisory Panel. Authorizes the reduction of fees required under this Act to take into account the financial resources of small business stationary sources.
Title
VI
-
Stratospheric Ozone Protection
Repeals ozone protection provisions of the Clean Air Act. Requires the Administrator to publish a list of class I and II substances which cause or contribute to harmful effects on the stratospheric ozone layer.
Includes within the class I list all ozone-depleting substances having an ozone-depleting potential of .2 or greater.
Requires the Administrator to review the lists at least every three years for purposes of adding substances.
Authorizes any person to petition the Administrator for the addition of a substance to such lists.
Provides for extensions of schedules or compliance deadlines for substances added after the publication of the initial lists.
Limits extensions for the termination of the production of class I and II substances to seven and ten years, respectively, after January 1 of the year after the year in which a substance is added to a list.
Directs the Administrator to:
(1) assign a numerical ozone-depletion potential value to each listed substance;
(2) publish the chlorine and bromine loading potential and the atmospheric lifetime of each listed substance; and
(3) publish the global warming potential of each listed substance.
Requires ozone-depletion potentials to be consistent with those specified under the Montreal Protocol on Substances that Deplete the Ozone Layer. Directs producers, importers, and exporters of listed substances to report (at least annually) to the Administrator on the amount of substances produced, imported, or exported during the preceding reporting period.
Requires the Administrators of the National Aeronautics and Space Administration and the National Oceanic and Atmospheric Administration to monitor and report at least triennially to the Congress on the current average tropospheric concentration of chlorine and bromine and on the level of stratospheric ozone depletion.
Directs the EPA Administrator to review periodically the progress being made in the development of alternative systems or products to manufacture and operate appliances without class II substances.
Requires the Administrator, if the global production, consumption, and use of class II substances are projected to contribute to a specified amount of atmospheric chlorine loading, to inform the Congress immediately.
Provides for a phase-out of class I substances, requiring specified reductions in years 1991 through 1999.
Makes it unlawful, effective January 1, 2000 (January 1, 2002, in the case of methyl chloroform), to produce class I substances for purposes other than:
(1) use in medical devices;
(2) aviation safety;
(3) export to, and use in, developing countries that are parties to the Montreal Protocol;
(4) national security; and
(5) fire suppression and explosion prevention.
Authorizes the production of methyl chloroform, until January 1, 2005, for specified essential applications.
Directs the Administrator of the Federal Aviation Administration to report to the Congress on whether substitutes for methyl chloroform or alternative techniques will be available for testing for metal fatigue and corrosion of engines and parts susceptible to metal fatigue and whether an exemption for methyl chloroform will be necessary for airline safety after 2005.
Prohibits the production of:
(1) class I substances for uses in medical devices and aviation safety in quantities greater than ten percent of that produced during a specified baseline year;
(2) methyl chloroform for essential applications in quantities greater than ten percent of that produced during such baseline year;
(3) class I substances for use in developing countries in quantities greater than the percentage specified for a particular phase-out year, plus an amount equal to ten percent of the amount produced during the baseline year;
(4) class I substances for use in such countries (after January 1, 2000) in quantities greater than 15 percent of the baseline quantity produced;
(5) specified halons for fire suppression and explosion prevention after 1999 (or 2004 for fire suppression and explosion prevention associated with domestic production of crude oil and natural gas energy supplies on the North Slope of Alaska); and
(6) halons for use for such purposes in Alaska in amounts greater than three percent of that produced during the baseline year.
Terminates exemptions for uses in developing countries after 2009 (or 2011, in the case of methyl chloroform).
Makes it unlawful, effective January 1, 2015, to introduce into interstate commerce or use any class II substance unless such substance:
(1) has been used, recovered, and recycled;
(2) is used and entirely consumed in the production of other chemicals; or
(3) is used as a refrigerant in appliances manufactured prior to January 1, 2020.
Makes it unlawful, effective January 1, 2015, to produce a class II substance in quantities greater than that produced during the baseline year.
Makes it unlawful, effective January 1, 2030, to produce class II substances for purposes other than:
(1) use in medical devices; and
(2) export to, and use in, developing countries that are parties to the Montreal Protocol. Prohibits the production of class II substances for:
(1) use in medical devices or developing countries in quantities greater than ten percent of that produced during the baseline year; and
(2) use in developing countries, after 2030, in quantities greater than 15 percent of that produced during the baseline year.
Terminates exemptions for the use of such substances in medical devices and developing countries after 2039.
Requires the Administrator to establish an accelerated schedule for phasing out class I and II substances if:
(1) a more stringent schedule is necessary to protect human health and the environment or is practicable, based on the availability of substitutes for listed substances; or
(2) the Montreal Protocol is modified to include a schedule to control such substances more rapidly than the schedules under this Act. Authorizes any person to petition the Administrator to promulgate regulations for an accelerated schedule.
Directs the Administrator to promulgate rules providing for the issuance and transfer of allowances for the production of listed substances.
Requires such rules to insure that such transactions will result in greater reductions than would occur in the absence of such transactions.
Permits:
(1) production allowances for substances to be transferred for allowances for other substances based on an ozone depletion weighted basis; and
(2) allowances to be transferred only for allowances for substances in the same class and group.
Authorizes two or more persons to transfer production allowances if the transferor of such allowances is subject to an enforceable and quantifiable reduction in annual production which:
(1) exceeds the reduction otherwise applicable to the transferor;
(2) exceeds the production allowances transferred to the transferee; and
(3) would not have occurred in the absence of such transaction.
Provides for the issuance and transfer of consumption allowances, subject to the same requirements.
Directs the Administrator, by January 1, 1992, to establish standards and requirements regarding the use and disposal of class I substances during the service, repair, or disposal of appliances and industrial process refrigeration.
Requires the Administrator, within four years of this Act's enactment, to establish such standards and requirements for all class I and II substances not covered under the earlier regulations.
Makes it unlawful, effective July 1, 1992, for any person, in the course of servicing or disposing of an appliance or industrial process refrigeration unit, to knowingly vent or dispose of a class I or II substance used as a refrigerant in a manner which permits the substance to enter the environment.
Exempts from such prohibition de minimis releases associated with good faith attempts to recapture and recycle or dispose of such substances.
Applies such prohibition, within five years of this Act's enactment, to any substitute for a class I or II substance, unless the substitute does not pose a threat to the environment.
Directs the Administrator to promulgate standards and requirements regarding the servicing of motor vehicle air conditioners.
Prohibits persons from servicing motor vehicle air conditioners unless they use approved refrigerant recycling equipment and are trained and certified.
Applies such requirements on January 1, 1993, (in lieu of 1992) to entities which serviced fewer than 100 motor vehicle air conditioners in 1990.
Requires service entities to certify to the Administrator that:
(1) they are using approved equipment and each individual performing such service is trained and certified; or
(2) they serviced fewer than 100 motor vehicle air conditioners in 1990.
Makes it unlawful, effective two years after this Act's enactment, to sell or distribute in interstate commerce any class I or II substance suitable for use as a refrigerant in a motor vehicle air-conditioning system that is in a container holding less than 20 pounds of such refrigerant.
Requires the Administrator to identify nonessential products that release class I substances and to prohibit the sale or distribution of such products in interstate commerce.
Makes it unlawful, after 1993, to sell or distribute in interstate commerce:
(1) aerosol products or other pressurized dispensers containing class II substances; or
(2) plastic foam products containing or manufactured with class II substances.
Grants exceptions to such prohibition where:
(1) the use of the aerosol product or pressurized dispenser is essential as a result of flammability or worker safety concerns; and
(2) the only available alternative to use of a class II substance is use of a class I substance which legally could be substituted for such class II substance.
Makes such prohibition inapplicable to:
(1) foam insulation products or specified foam utilized to provide for motor vehicle safety where no adequate substance is practicable for meeting safety standards; and
(2) medical devices.
Prohibits containers in which class I or II substances are stored or transported and products containing class I substances from being introduced into interstate commerce unless they bear a warning label stating that the substances harm public health and the environment by destroying atmospheric ozone.
Applies such requirement, effective January 1, 2015, to products containing class II substances and products manufactured with class I and II substances, subject to certain determinations by the Administrator. Authorizes any person to petition for the application of such requirements to any product containing, or manufactured with, a class I or II substance.
Requires the Administrator to:
(1) recommend Federal research programs and other activities to assist in identifying alternatives to the use of class I and II substances and in achieving a transition to the use of such alternatives;
(2) examine Federal procurement practices with respect to such substances and promote the development and use of safe substitutes; and
(3) maintain a clearinghouse of alternative chemicals and manufacturing processes and substitutes for such substances.
Directs the Administrator to promulgate rules making it unlawful to replace such substances with substitutes that may present adverse health or environmental effects where the Administrator has identified an alternative that:
(1) reduces the overall risk to human health and the environment; and
(2) is currently or potentially available.
Requires the Administrator to publish a list of prohibited and safe substitutes.
Authorizes any person to petition for the addition of a substance to, or deletion from, such lists.
Directs the Administrator to require producers of chemical substitutes for class I substances to:
(1) provide the Administrator with all health and safety studies on such substitutes; and
(2) notify the Administrator prior to the introduction of such substitutes into commerce.
Requires Federal agencies to certify to the President that their regulations conform to the requirements of this title and to maximize the substitution of safe alternative substances.
Prohibits State or local governments, during the two-year period beginning on the date of enactment of this Act, from enforcing requirements concerning the design of new and recalled appliances for purposes of protecting stratospheric ozone.
Provides that in the case of conflict between any provision of this title and the Montreal Protocol, the more stringent provision shall govern.
Requires the President to:
(1) prohibit the export of technologies used to produce class I substances;
(2) prohibit investments in facilities designed to produce class I or II substances in nations that are not parties to the Montreal Protocol; and
(3) direct that no Federal agency provide subsidies, aid, credits, guarantees, or insurance programs for purposes of producing class I substances.
Permits transfers of production allowances between the United States and other parties to the Montreal Protocol, subject to certain conditions.
Requires the President to negotiate international agreements to foster cooperative research which complements research under this title and to develop standards which protect the stratosphere consistent with U.S. regulations.
Directs the Administrator to support global participation in the Montreal Protocol by providing technical and financial assistance to developing countries that are parties to the Montreal Protocol. Authorizes appropriations.
Authorizes additional appropriations if China and India become parties to the Protocol. Requires the Administrator to report to the Congress on:
(1) activities or processes that could reduce methane emissions and are economically and technologically justified;
(2) methane emissions associated with human activities;
(3) methane emissions from other countries;
(4) measures that could be implemented to prevent methane emissions in other countries and to limit methane concentrations from U.S. sources; and
(5) methane emissions from biogenic sources and the changes in emissions from such sources that may occur as a result of increased temperatures and atmospheric concentrations of carbon dioxide.
Title
VII
-
Provisions Relating to Enforcement
Makes Federal enforcement procedures currently applicable to implementation plans applicable to permit programs.
Authorizes the Administrator to issue administrative penalties, and request the Attorney General to commence criminal actions, for specified violations of the Clean Air Act. Revises penalty provisions.
Establishes fines and prison sentences for specified knowing violations.
Doubles the maximum punishment for certain subsequent violations.
Prescribes civil and criminal penalties for negligent or knowing releases of extremely hazardous substances that place another person in imminent danger of death or serious bodily injury.
Makes organizations responsible for knowing releases subject to fines of up to $1,000,000 per day for each violation.
Limits the Administrator's authority to assess certain administrative penalties to matters where the total penalty does not exceed $200,000 and the first violation occurred no more than 12 months prior to the initiation of the administrative action, with specified exceptions.
Authorizes the Administrator to implement a field citation program for appropriate minor violations for the purpose of assessing civil penalties of up to $5,000 per day for each violation.
Sets forth provisions concerning judicial review and civil actions with respect to such penalties.
Outlines criteria to be considered by the court in determining the assessment of penalties.
Authorizes the Administrator to pay rewards of up to $10,000 for information or services leading to criminal convictions or civil penalties for specified violations.
Makes Federal, State, and local officers and employees ineligible for such rewards.
Sets forth provisions concerning public participation in settlements.
Revises recordkeeping and monitoring requirements.
Directs the Administrator to require enhanced monitoring and submission of compliance certifications from owners or operators of major stationary sources.
Authorizes the Administrator to apply such requirements to any other source.
Makes such information available to the public.
Repeals a provision concerning penalties for violations of administrative orders.
Authorizes the Administrator to extend a prohibition on Federal procurement from violators of the Clean Air Act to contracts performed at any facility owned or operated by such persons.
(Current law prohibits such procurement for contracts to be performed at facilities where the violations occurred.) Authorizes the assessment of civil penalties for violations of such Act. Requires such penalties to be deposited in a special Treasury fund and to be available to finance air compliance and enforcement activities.
Provides that courts shall have the discretion to apply such penalties (in lieu of deposit in the fund) to beneficial mitigation projects to enhance public health or the environment.
Revises provisions concerning citizen suits.
Requires the Administrator to take necessary measures to prevent the construction or modification of certain major emitting facilities.
Makes noncomplying stationary sources subject to penalties.
Title
VIII
-
Miscellaneous Provisions
Requires the Administrator to establish requirements to control air pollution from specified Outer Continental Shelf (OCS) sources.
Provides for updates of such requirements to maintain consistency with onshore regulations.
Provides that such requirements shall supersede clean air regulations required under the Outer Continental Shelf Lands Act. Exempts an OCS source from a requirement if compliance with a pollution control technology is technically infeasible or will cause a threat to health and safety.
Requires the Administrator to ensure that any increase in emissions due to an exemption is offset by reductions in actual emissions by the exempted source or other sources in the area.
Provides for State enforcement of such requirements, subject to the Administrator's discretion.
Directs the Secretary of the Interior to assure coordination of air pollution control regulations between OCS areas adjacent to Texas, Louisiana, Mississippi, and Alabama and onshore areas.
Requires the Secretary to:
(1) complete a research study examining the impacts of emissions from OCS activities in such areas that fail to meet air quality standards for ozone or nitrogen dioxide; and
(2) consult with the Administrator to determine if additional actions are necessary.
Authorizes appropriations.
Applies certain study and regulatory requirements concerning the Great Lakes, the Chesapeake Bay, and their tributaries to U.S. coastal waters.
Authorizes the Administrator to make grants to air pollution control agencies in amounts of up to three-fifths of the total cost of programs for the prevention and control of air pollution or implementation of national standards.
Grants agencies contributing less than the required two-fifths minimum three years to attain the minimum level.
Reduces the Federal contribution to agencies which fail to meet such minimum.
Requires at least one-half of one percent of the annual State grant appropriation to be for grants to air pollution control agencies.
Prohibits agencies from receiving grants during any fiscal year when expenditures of non-Federal funds for recurrent expenditures for air pollution programs will be less than expenditures for such programs during the preceding fiscal year.
Requires the Administrator to revise current regulations defining nonrecurrent and recurrent expenditures to consider exempting agencies with acceptable periodic increases from such limitations.
Authorizes the Administrator to award grants to agencies not meeting such requirements if determined that a reduction in expenditures is attributable to a non-selective reduction in the expenditures of applicable Federal agencies.
Decreases the Federal contribution to interstate air quality agencies.
Repeals provisions concerning annual reporting requirements.
Requires the Administrator to:
(1) review triennially and revise, as necessary, the methods used to estimate the quantity of emissions of carbon monoxide, VOCs, and nitrogen oxides from sources; and
(2) establish emissions factors for sources for which no methods exist.
Provides for the use of demonstrated improved emissions estimating techniques, subject to the Administrator's approval.
Makes the Virgin Islands eligible for exemptions from certain air pollution control requirements.
Directs the Administrator to conduct a study and test program on the development of a hydrogen fuel cell electric vehicle.
Requires the Federal Energy Regulatory Commission to:
(1) complete a study which calculates the net environmental benefits of renewable energy, compared to nonrenewable energy, and assigns numerical values to them; and
(2) propose models for incorporating such benefits into the regulatory treatment of renewable energy to provide economic compensation for such benefits.
Directs the Administrator to study the causes of degraded visibility in southwestern New Mexico. Requires the Administrator, before implementing this Act, to consult with the EPA Small Communities Coordinator to determine this Act's impact on small communities.
Directs the President to report to the Congress on:
(1) the economic effects of this Act's air quality standards and of the differences between such standards and the controls of major U.S. trading partners on the international competitiveness of U.S. manufacturers; and
(2) a strategy for addressing such effects through trade consultations and negotiations.
Requires the Administrator to:
(1) conduct an analysis of the impact of this Act on the public health, economy, and environment of the United States; and
(2) report biennially to the Congress on all costs incurred in the effort to comply with this Act's (and previous) standards and benefits that have accrued as a result of such costs.
Directs the Administrator to appoint an Advisory Council on Clean Air Compliance Analysis. Requires the Comptroller General to report to the Congress on the incremental health and environmental benefits and costs beyond current clean air requirements of the control strategies and technologies required by this Act. Directs the Administrator to study and report to the Congress on the health and environmental impacts of the combustion of contaminated used oil in ships and the reasons for, and alternatives to, using such oil.
Expresses the sense of the Congress that:
(1) existing equipment and machinery retrofitted to comply with the Clean Air Act and all other specifications be produced in the United States and purchased from American manufacturers;
(2) the construction of new industrial and utility facilities comply with the Act through the incorporation of American made equipment and technology; and
(3) the public sector strive to purchase and produce American products that improve U.S. air quality.
Authorizes the Administrator to negotiate with Mexican representatives to establish a program to monitor and improve air quality along the U.S.-Mexican border region.
Requires the monitoring component of such program to identify sources of pollutants for which national ambient air quality standards and other air quality goals have been established.
Authorizes the Administrator to negotiate with the appropriate Mexican representatives to develop remediation measures to reduce the level of pollutants to achieve air quality standards in the border region.
Requires such program to identify control measures the implementation of which would be expedited by U.S. material and financial assistance.
Requires the Administrator to report annually to the Congress on the progress of the program in bringing the U.S.-Mexican border region into attainment with air quality standards.
Directs the Administrator, in providing direct financial assistance to Mexico for the monitoring and remediation programs, to develop grant agreements with Mexico to assure the accuracy of monitoring data and the performance of remediation measures financed by the United States. Requires the Administrator, with respect to control measures in Mexico funded by the United States, to utilize Mexican resources where such utilization would reduce costs to the United States. Directs the Administrator to conduct research on sources and source regions of both visibility impairment and regions that provide predominantly clean air in class I areas.
Authorizes appropriations.
Requires the Administrator to report to the Congress every five years on improvements in visibility likely to result from the implementation of this Act. Authorizes the Administrator, if the interstate transport of air pollutants from one or more States contributes significantly to visibility impairment in class I areas in the affected States, to establish a transport region for such pollutants.
Permits the addition to, or removal of, a State from a visibility transport region, as specified.
Requires the Administrator to establish transport commissions for each visibility transport region.
Directs the Administrator to establish a commission for the region affecting the visibility of the Grand Canyon National Park. Requires the Administrator to request the National Academy of Sciences (NAS) to prepare and submit to the Congress a report on the role of national secondary ambient air quality standards in protecting welfare and the environment.
Provides that ozone, carbon monoxide, and PM-10 nonattainment areas that fail to attain standards by the applicable deadline due to emissions emanating from outside the United States shall not be subject to requirements for areas failing to achieve standards by applicable deadlines.
Makes requirements for specified nonattainment areas (other than Severe and Extreme areas or certain Serious areas) inapplicable to the exploration, production, development, storage, or processing of:
(1) oil from a stripper well property, within the meaning of the June 1979 energy regulations of the Internal Revenue Code of 1986; and
(2) stripper well natural gas.
Directs the Administrator to report to the Congress and the President on any agreement with the Department of Transportation entered into prior to this Act's enactment that provides for an analysis of the health and environmental aspects of magnetic levitation technology.
Requires the Administrator to:
(1) promulgate regulations requiring all affected sources subject to title V to monitor carbon monoxide emissions in accordance with such title; and
(2) make such emissions data available to the public.
Authorizes appropriations for specified grants for air quality planning.
Title
IX
-
Clean Air Research
Directs the Administrator to:
(1) conduct research, testing, and development of methods for sampling, measurement, monitoring, analysis, and modeling of air pollutants;
(2) conduct research on the short- and long-term effects of air pollutants on human health;
(3) conduct research to improve the understanding of the causes, effects, and trends of ecosystem damage from air pollutants;
(4) oversee an experimental research effort to be carried out at the Liquefied Gaseous Fuels Spill Test Facility; and
(5) conduct an engineering research and technology program to develop and demonstrate nonregulatory air pollution prevention strategies and technologies.
Authorizes the Director of the National Institute of Environmental Health Sciences to conduct:
(1) research on risks to human health from air pollutants; and
(2) a program for the education and training of physicians in environmental health.
Authorizes appropriations.
Requires the Administrator to implement a plan for identifying areas in which such activities can be carried out in conjunction with other Federal ecological and air pollution research efforts.
Continues the acid precipitation research program set forth in the Acid Precipitation Act of 1980.
Sets forth the responsibilities of the Acid Precipitation Task Force. Authorizes the Administrator, if an air pollution problem of significance may result from a discharge into the atmosphere, to call a conference concerning such problem in or near one of the places such discharge will or may occur.
Requires the Administrator to conduct a research program to predict air emissions and other environmental effects related to the use of clean alternative fuels to determine the risks and benefits to health and the environment relative to those from gasoline and diesel fuels.
Directs the Administrator to study and report to the Congress on whether air pollution control technologies in selected industrialized countries have beneficial applications to U.S. air pollution control efforts.
Requires the Administrator to:
(1) establish a program to research the effects of acid deposition on waters where acid deposition has been most acute; and
(2) enter into a research contract with a university that has a field laboratory on a body of water between 25,000 and 75,000 acres which lies within a Biosphere Reserve, as designated by the Department of State. Authorizes appropriations.
Directs the Administrator to sponsor monitoring and research and report annually to the Congress on the occurrence and effects of:
(1) acid deposition on surface waters west of the Mississippi River;
(2) acid deposition on high elevation ecosystems; and
(3) episodic acidification, particularly with respect to high elevation watersheds.
Authorizes the Secretary of Energy, in carrying out research at the Liquefied Gaseous Fuels Spill Test Facility, to enter into contracts with, and make grants to, nonprofit entities affiliated with the University of Nevada and the University of Wyoming. Authorizes appropriations.
Title
X
-
Disadvantaged Business Concerns
Requires at least ten percent of Federal funding for research under this Act to be made available to disadvantaged business concerns.
Deems the following institutions to be disadvantaged business concerns:
(1) historically black colleges and universities and colleges and universities in which 40 percent of the students are Hispanic;
(2) minority institutions (as defined by the General Education Provision Act); and
(3) private and voluntary organizations controlled by individuals who are socially and economically disadvantaged.
Title
XI
-
Clean Air Employment Transition Assistance
Amends the Job Training Partnership Act to authorize the Secretary of Labor to make grants to States, substate grantees, employers, employer associations, and representatives of employees to provide training, adjustment assistance, employment services, and needs-related payments to eligible individuals adversely affected by compliance with the Clean Air Act. Authorizes adjustment assistance grants to be used for job research and relocation allowances.
Requires job search allowances to reimburse an individual for up to 90 percent of the cost of job search expenses.
Limits such reimbursement to $800 unless a greater reimbursement is approved by the Secretary. Sets forth criteria for granting job search allowances.
Permits eligible individuals to be granted relocation allowances if they:
(1) cannot reasonably be expected to secure suitable employment in the commuting area in which they reside;
(2) have obtained suitable employment affording an expectation of long-term duration in the area in which they wish to relocate or have obtained bona fide offers of employment; and
(3) are totally separated from employment at the time relocation commences.
Directs the Secretary to prescribe regulations with respect to the use of grants for needs-related payments to enable eligible individuals to complete training or education programs.
Requires such regulations to:
(1) provide for payments only to individuals who have ceased to qualify for unemployment compensation, have enrolled in training within a specified time period, and are participating in training and education programs;
(2) provide that such individuals receive a total family income below the lower living standard income level;
(3) provide that such payments are equal to the higher of the applicable level of unemployment compensation or the poverty level;
(4) provide for the adjustment of payments to reflect changes in total family income; and
(5) provide that the grantee obtain information with respect to such income and changes in such income from such individuals.
Authorizes appropriations.
Directs the Comptroller General to assess and report to the Congress on the effects on employment attributable to compliance with this Act.
House Republican Conference Summary
The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.
No summary available.
House Democratic Caucus Summary
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So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.
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