Public Law 95–95

Section 103(b) of the Clean Air Act is amended by striking out paragraph (5), redesignating the following paragraphs accordingly, and adding the following at the end thereof: “In carrying out the provisions of subsection (a), the Administrator shall provide training for, and make training grants to, personnel of air pollution control agencies and other persons with suitable qualifications and make grants to such agencies, to other public or nonprofit private agencies, institutions, and organizations for the purposes

Fees.

stated in subsection (a)(5). Reasonable fees may be charged for such training provided to persons other than personnel of air pollution control agencies but such training shall be provided to such personnel of air pollution control agencies without charge.”.

Section 103(a) of such Act is amended by striking out “training,”

42 USC 7403.

in paragraph (1); by striking out the period at the end of paragraph (4) and inserting in lieu thereof and”; and by inserting the following paragraph at the end thereof:

“(5)“(5)

conduct and promote coordination and acceleration of training for individuals relating to the causes, effects, extent, prevention, and control of air pollution.”,

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The Administrator of the Environmental Protection Agency

Research, development, and demonstration.

Consultation with House committee. Reports and studies, transmittal to congressional committees.

42 USC 7403 note.

Notice and hearing.

42 USC 7405.

shall consult with the House Committee on Science and Technology on the environmental and atmospheric research, development, and demonstration aspects of this Act. In addition, the reports and studies required by this Act that relate to research, development, and demonstration issues shall be transmitted to the Committee on Science and Technology at the same time they are made available to other committees of the Congress.

The third sentence of subsection (b) of section 105 of the Clean Air Act is amended to read as follows: “No agency shall receive any grant under this section during any fiscal year when its expenditures of non-Federal funds for other than nonrecurrent expenditures for air pollution control programs will be less than its expenditures were for such programs during the preceding fiscal year, unless the Administrator, after notice and opportunity for public hearing, determines that a reduction in expenditures is attributable to a nonselective reduction in expenditures in the programs of all executive branch agencies of the applicable unit of Government; and no agency shall receive any grant under this section with respect to the maintenance, of a program for the prevention and control of air pollution unless the Administrator is satisfied that such grant will be so used to supplement and, to the extent practicable, increase the level of State, local, or other non-Federal funds that would in the absence of such grant be made available for the maintenance of such program, and will in no event supplant such State, local, or other non-Federal funds.”.

Subsection (c) of section 105 of such Act is amended by adding

State agencies, availability of funds.

the following at the end thereof: “In fiscal year 1978 and subsequent fiscal years, subject to the provisions of subsection (b) of this section, no State shall receive less than one-half of 1 per centum of the annual appropriation for grants under this section for grants to agencies within such State.”.

The first sentence of section 108(b)(1) of the Clean Air Act is amended by striking the words “technology and costs of

42 USC 7408.

emission control” and inserting in lieu thereof the words “cost of installation and operation, energy requirements, emission reduction benefits, and environmental impact of the emission control technology”.

Section 108(c) of such Act is amended by adding the following

NO₂ criteria, revision and re issuance.

at the end thereof: “Not later than six months after the date of the enactment of the Clean Air Act Amendments of 1977, the Administrator shall revise and reissue criteria relating to concentrations of NO₂ over such period (not more than three hours) as he deems appropriate. Such criteria shall include a discussion of nitric and nitrous acids, nitrites, nitrates, nitrosamines, and other carcinogenic and potentially carcinogenic derivatives of oxides of nitrogen.”.

Section 109 of the Clean Air Act, as amended by subsection (b) of this section, is amended by

42 USC 7409.

adding the following new subsection at the end thereof:

“(d)“(d)

(1)(1)

Not later than December 31, 1980, and at five-year intervals

Review and revision.

Ante, p. 689;

Post, p. 790.

thereafter, the Administrator shall complete a thorough review of the criteria published under section 108 and the national ambient air quality standards promulgated under this section and shall make such revisions in such criteria and standards and promulgate such new standards as may be appropriate in accordance with section 108 and subsection (b) of this section. The Administrator may review and revise criteria or promulgate new standards earlier or more frequently than required under this paragraph.

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“(2)“(2)

(A)(A)

The Administrator shall appoint an independent scientific

Scientific review committee, appointment.

review committee composed of seven members including at least one member of the National Academy of Sciences, one physician, and one person representing State air pollution control agencies.

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“(B)“(B)

Not later than January 1, 1980, and at five-year intervals thereafter, the committee referred to in subparagraph (A) shall complete a review of the criteria published under section 108 and the national primary and secondary ambient air quality standards promulgated under this section and shall recommend to the Administrator any new national ambient air quality standards and revisions of existing criteria and standards as may be appropriate under section 108 and subsection (b) of this section.

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“(C)“(C)

Such committee shall also (1) advise the Administrator of areas in which additional knowledge is required to appraise the adequacy and basis of existing, new, or revised national ambient air quality standards, (ii) describe the research efforts necessary to provide the required information, (iii) advise the Administrator on the relative contribution to air pollution concentrations of natural as well as anthropogenic activity, and (iv) advise the Administrator of any adverse public health, welfare, social, economic, or energy effects which may result from various strategies for attainment and maintenance of such national ambient air quality standards.”.

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Section 109 of such Act is amended by adding the following new

NO₂ standards, promulgation.

Supra.

subsection at the end thereof:

“(c)“(c)

The Administrator shall, not later than one year after the date of the enactment of the Clean Air Act Amendments of 1977, promulgate a national primary ambient air quality standard for NO₂ concentrations over a period of not more than 3 hours unless, based on the criteria issued under section 108(c), he finds that there is no significant evidence that such a standard for such a period is requisite to protect public health.”.

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Section 110(f) of the Clean Air Act is amended to

Energy emergency, Presidential determination.

Notice and hearing.

Petition.

42 USC 7410.

read as follows:

“(f)“(f)

(1)(1)

Upon application by the owner or operator of a fuel burning stationary source, and after notice and opportunity for public hearing, the Governor of the State in which such source is located may petition the President to determine that a national or regional energy emergency exists of such severity that—

“(A)“(A)

a temporary suspension of any part of the applicable implementation plan may be necessary, and

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“(B)“(B)

other means of responding to the energy emergency may be inadequate.

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Such determination shall not be delegable by the President to any

Energy emergency, plan suspension.

other person. If the President determines that a national or regional energy emergency of such severity exists, a temporary emergency suspension of any part of an applicable implementation plan adopted by the State may be issued by the Governor of any State covered by the President’s determination under the condition specified in paragraph (2) and may take effect immediately.

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“(2)“(2)

A temporary emergency suspension under this subsection shall be issued to a source only if the Governor of such State finds that—

“(A)“(A)

there exists in the vicinity of such source a temporary energy emergency involving high levels of unemployment or loss of necessary energy supplies for residential dwellings; and

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“(B)“(B)

such unemployment or loss can be totally or partially alleviated by such emergency suspension.

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Not more than one such suspension may be issued for any source on the basis of the same set of circumstances or on the basis of the same emergency.

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“(3)“(3)

A temporary emergency suspension issued by a Governor under this subsection shall remain in effect for a maximum of four months or such lesser period as may be specified in a disapproval order of the Administrator, if any. The Administrator may disapprove such suspension if he determines that it does not meet the requirements of paragraph (2).

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“(4)“(4)

This subsection shall not apply in the case of a plan provision or requirement promulgated by the Administrator under subsection

Post, p. 694.

(c) of this section, but in any such case the President may grant a temporary emergency suspension for a four month period of any such provision or requirement if he makes the determinations and findings specified in paragraphs (1) and (2).

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“(5)“(5)

The Governor may include in any temporary emergency suspension issued under this subsection a provision delaying for a period identical to the period of such suspension any compliance schedule (or increment of progress) to which such source is s under

Post, pp. 709, 712.

Post, p. 705.

section 119, as in effect before the date of the enactment of this paragraph or section 113(d) of this Act, upon a finding that such source is unable to comply with such schedule (or increment) solely because of the conditions on the basis of which a suspension was issued under this subsection.”.

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Section 110 of such Act is amended by adding the following new subsection at the end thereof:

“(g)“(g)

(1)(1)

In the case of any State which has adopted and submitted to the Administrator a proposed plan revision which the State determines—

“ (A)

meets the requirements of this section, and

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“(B)“(B)

is necessary (1) to prevent the closing for one year or more of any source of air pollution, and (ii) to prevent substantial increases in unemployment which would result from such closing, and

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which the Administrator has not approved or disapproved under this section within the required four month period, the Governor may issue a temporary emergency suspension of the part of the applicable implementation plan for such State which is proposed to be revised with respect to such source. The determination under subparagraph (B) may not be made with respect to a source which would close without regard to whether or not the proposed plan revision is approved.

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“(2)“(2)

A temporary emergency suspension issued by a Governor

Suspension period.

under this subsection shall remain in effect for a maximum of four months or such lesser period as may be specified in a disapproval order of the Administrator. The Administrator may disapprove such suspension if he determines that it does not meet the requirements of this subsection.

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“(3)“(3)

The Governor may include in any temporary emergency suspension

Compliance schedule delay.

issued under this subsection a provision delaying for a period identical to the period of such suspension any compliance schedule (or increment of progress) to which such source is subject under section 119 as in effect before the date of the enactment of this paragraph, or

Post, pp. 709. 712.

Post, p. 705.

under section 113(d) upon a finding that such source is unable to comply with such schedule (or increment) solely because of the conditions on the basis of which a suspension was issued under this subsection.”.

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Section 110(a)(2) of the Clean Air Act is amended by striking out “and” at the end of subparagraph (G), striking out the period at the end of subparagraph (H), and by adding the following new subparagraphs at the end thereof:

“(I)“(I)

it provides that after June 30, 1979, no major stationary source shall be constructed or modified in any nonattainment area (as defined in section 171(2)) to which such plan applies, if the emissions from such facility will cause or contribute to concentrations of any pollutant for which a national ambient air quality standard is exceeded in such area, unless, as of the time of application for a permit for such construction or modification,

Post, p. 746.

such plan meets the requirements of part D (relating to non-attainment areas);

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“(J)“(J)

it meets the requirements of section 121 (relating to consultation), section 127 (relating to public notification), part C (relating to prevention of significant deterioration of air quality and visibility protection), and

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“(K)“(K)

it requires the owner or operator of each major stationary source to pay to the permitting authority as a condition of any permit required under this Act a fee sufficient to cover—

“(i)“(i)

the reasonable costs of reviewing and acting upon any application for such a permit, and

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“(ii)“(ii)

if the owner or operator receives a permit for such source, whether before or after the date of enactment of this subparagraph, the reasonable costs (incurred after such date of enactment) of implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement action).”.

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Section 110(a)(3) of such Act is amended by adding the following new subparagraph at the end thereof:

“(C)“(C)

Neither the State, in the case of a plan (or portion thereof) approved under this subsection, nor the Administrator in the case of a plan (or portion thereof) promulgated under subsection (c), shall be required to revise an applicable implementation plan because one

Post, p. 711.

Post, p. 705.

Ante, pp. 691, 692.

Post, pp. 709, 712.

or more exemptions under section 118 (relating to Federal facilities), enforcement orders under section 113(d), suspensions under section 110 (f) or (g) (relating to temporary energy or economic authority) or orders under section 119 (relating to primary nonferrous smelters) have been granted, if such plan would have met the requirements of this section if no such exemptions, orders, extension, or variances had been granted.”.

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Section 110(a) of such Act is amended by adding at the end

Indirect source review program.

Ante, p. 693.

thereof the following new paragraphs:

“(5)“(5)

(A)(A)

(i)(i)

Any State may include in a State implementation plan, but the Administrator may not require as a condition of approval of such plan under this section, any indirect source review program. The Administrator may approve and enforce, as part of an applicable implementation plan, an indirect source review program which the State chooses to adopt and submit as part of its plan.

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“(ii)“(ii)

Except as provided in subparagraph (B), no plan promulgated by the Administrator shall include any indirect source review program for any air quality control region, or portion thereof.

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“(iii)“(iii)

Any State may revise an applicable implementation plan

Ante, pp. 693–695.

approved under section 110(a) to suspend or revoke any such program included in such plan, provided that such plan meets the requirements of this section.

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“(B)“(B)

The Administrator shall have the authority to promulgate,

Ante, p. 694.

implement and enforce regulations under section 110(c) respecting indirect source review programs which apply only to federally assisted highways, airports, and other major federally assisted indirect sources and federally owned or operated indirect sources.

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“(C)“(C)

For purposes of this paragraph, the term ‘indirect source’ means a facility, building, structure, installation, real property, road, or highway which attracts, or may attract, mobile sources of pollution. Such term includes parking lots, parking garages, and other facilities subject to any measure for management of parking supply

42 USC 7410.

(within the meaning of section 110(c)(2)(D)(ii)), including regulation of existing off-street parking but such term does not include new or existing on-street parking. Direct emissions sources or facilities at, within, or associated with, any indirect source shall not be deemed indirect sources for the purpose of this paragraph.

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“(D)“(D)

For purposes of this paragraph the term ‘indirect source review program’ means the facility-by-facility preconstruction or premodification review of indirect sources of air pollution, including such measures as are necessary to assure, or assist in assuring, that a new or modified indirect source will not attract mobile sources of air pollution, the emissions from which would cause or contribute to air pollution concentrations—

“(i)“(i)

exceeding any national primary ambient air quality standard for a mobile source-related air pollutant after the primary standard attainment date, or

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“(ii)“(ii)

preventing maintenance of any such standard after such date.

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“(E)“(E)

For purposes of this paragraph and paragraph (2)(B), the term ‘transportation control measure’ does not include any measure which is an ‘indirect source review program’.

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“(6)“(6)

No State plan shall be treated as meeting the requirements of this section unless such plan provides that in the case of any source which uses a supplemental, or intermittent control system for purposes

Post, p. 705.

Post, pp. 709, 712.

of meeting the requirements of an order under section 113(d) or section 119 (relating to primary nonferrous smelter orders), the owner or operator of such source may not temporarily reduce the pay of any employee by reason of the use of such supplemental or intermittent or other dispersion dependent control system.”.

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Section 110(d) of such Act is amended by striking out “implements” and all that follows down through the period at the end thereof and inserting in lieu thereof “implements the requirements of this section.”.

Section 110 of such Act is amended by adding the following new subsections at the end thereof:

“(g)“(g)

(1)(1)

Not later than one year after the date of enactment of the Clean Air Act Amendments of 1977 and annually thereafter, the Administrator shall assemble and publish a comprehensive document for each State setting forth all requirements of the applicable imple-mentation plan for such State and shall publish notice in the Federal Register of the availability of such documents. Each such document shall be revised as frequently as practicable but not less often than annually.

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“(2)“(2)

The Administrator may promulgate such regulations as may be

Regulations.

reasonably necessary to carry out the purpose of this subsection.

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“(h)“(h)

Except for a primary nonferrous smelter order under section

Modification of requirements, prohibition.

Post, pp. 709, 712.

Ante, pp. 691, 692.

Post, p. 711.

Post, p. 705.

Ante, p. 694.

119, a suspension under section 110 (f) or (g) (relating to emergency suspensions), an exemption under section 118 (relating to certain Federal facilities), an order under section 113(d) (relating to compliance orders), a plan promulgation under section 110(c), or a plan revision under section 110(a)(3), no order, suspension, plan revision, or other action modifying any requirement of an applicable implementation plan may be taken with respect to any stationary source by the State or by the Administrator.

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“(i)“(i)

As a condition for issuance of any permit required under this title, the owner or operator of each new or modified stationary source which is required to obtain such a permit must show to the satisfaction of the permitting authority that the technological system of continuous emission reduction which is to be used at such source will enable it to comply with the standards of performance which are to apply to such source and that the construction or modification and operation of such source will be in compliance with all other requirements of this Act.”.

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Section 111 of the Clean Air Act is amended by adding

Regulations.

42 USC 7411.

the following new subsections at the end thereof:

“(f)“(f)

(1)(1)

Not later than one year after the date of enactment of this subsection, the. Administrator shall promulgate regulations listing under subsection (b)(1)(A) the categories of major stationary sources

Post, p. 791.

which are not on the date of the enactment of this subsection included on the list required under subsection (b)(1)(A). The Administrator shall promulgate regulations establishing standards of performance for the percentage of such categories of sources set forth in the following table before the expiration of the corresponding period set forth in such table:

“Percentage of source categories required to be listed for which standards must be established:	Period by which standards must be promulgated after date list is required to be pro mulgated:
25	2 years.
75	3 years.
100	4 years.

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“(2)“(2)

In determining priorities for promulgating standards for categories of major stationary sources for the purpose of paragraph (1), the Administrator shall consider—

“(A)“(A)

the quantity of air pollutant emissions which each such category will emit, or will be designed to emit;

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“(B)“(B)

the extent to which each such pollutant may reasonably be anticipated to endanger public health or welfare; and

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“(C)“(C)

the mobility and competitive nature of each such category of sources and the consequent need for nationally applicable new source standards of performance.

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“(3)“(3)

Before promulgating any regulations under this subsection

State officers, consultation.

or listing any category of major stationary sources as required under this subsection, the Administrator shall consult with appropriate representatives of the Governors and of State air pollution control agencies.

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“(g)“(g)

(1)(1)

Upon application by the Governor of a State showing that the Administrator has failed to specify in regulations under subsection (f)(1) any category of major stationary sources required to be specified under such regulations, the Administrator shall revise such regulations to specify any such category.

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“(2)“(2)

Upon application of the Governor of a State, showing that any category of stationary sources which is not included in the list under

Post, p. 791.

subsection (b)(1)(A) contributes significantly to air pollution which may reasonably be anticipated to endanger public health or welfare (notwithstanding that such category is not a category of major stationary sources), the Administrator shall revise such regulations to specify such category of stationary sources.

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“(3)“(3)

Upon application of the Governor of a State showing that the Administrator has failed to apply properly the criteria required to be considered under subsection (f)(2), the Administrator shall revise the list under subsection (b)(1)(A) to apply properly such criteria.

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“(4)“(4)

Upon application of the Governor of a State showing that—

“(A)“(A)

a new, innovative, or improved technology or process which achieves greater continuous emission reduction has been adequately demonstrated for any category of stationary sources, and

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“(B)“(B)

as a result of such technology or process, the new source standard of performance in effect under subsection (b) for such category no longer reflects the greatest degree of emission limitation achievable through application of the best technological system of continuous emission reduction which (taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impact and energy requirements) has been adequately demonstrated,

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the Administrator shall revise such standard of performance for such category accordingly.

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“(5)“(5)

Upon application by the Governor of a State showing that the Administrator has failed to list any air pollutant which causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness as a hazardous air pollutant under

Post, pp. 701, 703, 791.

Stationary sources, standards.

section 112, the Administrator shall revise the list of hazardous air pollutants under such section to include such pollutant.

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“(6)“(6)

Upon application by the Governor of a State showing that any category of stationary sources of a hazardous air pollutant listed under section 112 is not subject to emission standards under such section, the Administrator shall propose and promulgate such emission standards applicable to such category of sources.

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“(7)“(7)

Unless later deadlines for action of the Administrator are otherwise prescribed under this section or section 112, the Administrator shall. not later than three months following the date of receipt of any application by a Governor of a State, either—

“(A)“(A)

find that such application does not contain the requisite showing and deny such application, or

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“(B)“(B)

grant such application and take the action required under this subsection.

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“(8)“(8)

Before taking any action required by subsection (f) or by this subsection, the Administrator shall provide notice and opportunity for public hearing.

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“(h)“(h)

(1)(1)

For purposes of this section, if in the judgment of the

Design or equipment standards.

Administrator, it is not feasible to prescribe or enforce a standard of performance, he may instead promulgate a design, equipment, work practice, or operational standard, or combination thereof, which reflects the best technological system of continuous emission reduction which (taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. In the event the Administrator promulgates a design or equipment standard under this subsection, he shall include as part of such standard such requirements as will assure the proper operation and maintenance of any such element of design or equipment.

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“(2)“(2)

For the purpose of this subsection, the phrase ‘not feasible

“Not feasible to prescribe or enforce a standard of performance.”

to prescribe or enforce a standard of performance’ means any situation in which the Administrator determines that (A) a pollutant or pollutants cannot be emitted through a conveyance designed and constructed to emit or capture such pollutant, or that any requirement for, or use of, such a conveyance would be inconsistent with any Federal, State, or local law, or (B) the application of measurement methodology to a particular class of sources is not practicable due to technological or economic limitations.

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“(3)“(3)

If after notice and opportunity for public hearing, any person

Alternative emission limitation. Notice and hearing.

establishes to the satisfaction of the Administrator that an alternative means of emission limitation will achieve a reduction in emissions of any air pollutant at least equivalent to the reduction in emissions of such air pollutant achieved under the requirements of paragraph (1), the Administrator shall permit the use of such alternative by the source for purposes of compliance with this section with respect to such pollutant.

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“(4)“(4)

Any standard promulgated under paragraph (1) shall be promulgated in terms of standard of performance whenever it becomes feasible to promulgate and enforce such standard in such terms.

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“(i)“(i)

Any regulations promulgated by the Administrator under this section applicable to grain elevators shall not apply to country elevators (as defined by the Administrator) which have a storage capacity of less than two million five hundred thousand bushels.”

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Section 111 of such Act is amended by adding the following new

Permit conditions.

Ante, p. 697.

subsections at the end thereof:

“(j)“(j)

As a condition for issuance of any permit required under this title, the owner or operator of each .new or modified stationary source which is required to obtain such a permit must show to the satisfaction of the permitting authority that the technological system of continuous emission reduction which is to be used at such source will enable it to comply with the standards of performance which are to apply to such source and that the construction or modification and operation of such source will be in compliance with all other requirements of this Act.

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“(k)“(k)

(1)(1)

(A)(A)

Any person proposing to own or operate a new source

Waiver.

may request the Administrator for one or more waivers from the requirements of this section for such source or any portion thereof with respect to any air pollutant to encourage the use of an innovative technological system or systems of continuous emission reduction. The

Notice and hearing.

Administrator may, with the consent of the Governor of the State in which the source is to be located, grant a waiver under this paragraph, if the Administrator determines after notice and opportunity for public hearing, that—

“(i)“(i)

the proposed system or systems have not been adequately demonstrated,

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“(ii)“(ii)

the proposed system or systems will operate effectively and there is a substantial likelihood that such system or systems will achieve greater continuous emission reduction than that required to be achieved under the standards of performance which would otherwise apply, or achieve at least an equivalent reduction at lower cost in terms of energy, economic, or non air quality environmental impact,

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“(iii)“(iii)

the owner or operator of the proposed source has demonstrated to the satisfaction of the. Administrator that the proposed system will not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation, function, or malfunction, and

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“(iv)“(iv)

the granting of such waiver is consistent with the requirements of subparagraph (C).

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In making any determination under clause (ii), the Administrator shall take into account any previous failure of such system or systems to operate effectively or to meet any requirement of the new source performance standards. In determining whether an unreasonable risk exists under clause (iii), the Administrator shall consider, among other factors, whether and to what extent the use of the proposed technological system will cause, increase, reduce, or eliminate emissions of any unregulated pollutants; available methods for reducing or eliminating any risk to public health, welfare, or safety which may be associated with the use of such system; and the availability of other technological systems which may be used to conform to standards

Ante, p. 700;

Post, p. 791.

Tests.

under subsection (b) of this section without causing or contributing to such unreasonable risk. The Administrator may conduct such tests and may require the owner or operator of the proposed source to conduct such tests and provide such information as is necessary to carry out clause (iii) of this subparagraph. Such requirements shall include a requirement for prompt reporting of the emission of any unregulated pollutant from a system if such pollutant was not emitted, or was emitted in significantly lesser amounts without use of such system.

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“(B)“(B)

A waiver under this paragraph shall be granted on such terms and conditions as the Administrator determines to be necessary to assure—

“(i)“(i)

emissions from the source will not prevent attainment and maintenance of any national ambient air quality standards, and

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“(ii)“(ii)

proper functioning of the technological system or systems authorized.

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Any such term or condition shall be treated as a standard of performance

Post, pp. 704, 705.

for the purposes of subsection (e) of this section and section 113.

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“(C)“(C)

The number of waivers granted under this paragraph with respect to a proposed technological system of continuous emission reduction shall not exceed such number as the Administrator finds necessary to ascertain whether or not such system will achieve the conditions specified in clauses (ii) and (iii) of subparagraph (A).

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“(D)“(D)

A waiver under this paragraph shall extend to the sooner of—

“(i)“(i)

the date determined by the Administrator, after consultation with the owner or operator of the source, taking into consideration the design, installation, and capital cost of the technological system or systems being used, or

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“(ii)“(ii)

the date on which the Administrator determines that such system has failed to—

“(I)“(I)

achieve at least an equivalent continuous emission reduction to that required to be achieved under the standards of performance which would otherwise apply, or

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“(II)“(II)

comply with the condition specified in paragraph (1)(A.)(iii),

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and that such failure cannot be corrected.

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“(E)“(E)

In carrying out subparagraph (D)(i), the Administrator shall not permit any waiver for a source or portion thereof to extend beyond the date—

“(i)“(i)

seven years after the date on which any waiver is granted to such source or portion thereof, or

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“(ii)“(ii)

four years after the date on which such source or portion thereof commences operation,

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whichever is earlier.

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“(F)“(F)

No waiver under this subsection shall apply to any portion of a source other than the portion on which the innovative technological system or systems of continuous emission reduction is used.

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“(2)“(2)

(A)(A)

If a waiver under paragraph (1) is terminated under clause (ii) of paragraph (1)(D), the Administrator shall grant an extension of the requirements of this section for such source for such minimum period as may be necessary to comply with the applicable standard of performance under subsection (b) of this section. Such

Ante, p. 700;

Post, p. 791.

period shall not extend beyond the date three, years from the time such waiver is terminated.

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“(B)“(B)

An extension granted under this paragraph shall set forth

Emission limits.

Compliance schedule.

42 USC 7413.

emission limits and a compliance schedule containing increments of progress which require compliance with the applicable standards of performance as expeditiously as practicable and include such measures as are necessary and practicable in the interim to minimize emissions. Such schedule shall be treated as a standard of performance for purposes of subsection (e) of this section and section 113.”.

Post, pp. 704, 705.

Ante, p. 700.

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Section 111(a) of such Act is amended by adding the following new paragraph at the end thereof:

“(7)“(7)

A conversion to coal (A) by reason of an order under section 2(a) of the Energy Supply and Environmental Coordination Act of 1974 or any amendment thereto, or any subsequent enactment which

15 USC 792.

supersedes such Act, or (B) which qualifies under section 113(d)(5)(A)(ii) of this Act, shall not be deemed to be a modification for

Post, p. 705.

purposes of paragraphs (2) and (4) of this subsection.”.

#

Section 113(a) of the Clean Air Act is amended by inserting the following new paragraph at the end thereof:

“(5)“(5)

Whenever, on the basis of information available to him, the Administrator finds that a State is not acting in compliance with any requirement of the regulation referred to in section 129(a)(1) of

Post, p. 745.

the Clean Air Act Amendments of 1977 (relating to certain interpretative regulations) or any plan provisions required under section 110

Ante, p. 694.

Post, p. 746.

(a)(2)(I) and part D, he may issue an order prohibiting the construction or modification of any major stationary source in any area to which such provisions apply or he may bring a civil action under subsection (b)(5).”.

#

Section 113(b) of such Act is amended by striking out the penultimate sentence thereof and substituting: “Any action under this subsection may be brought in the district court of the United States for the district in which the violation occurred or in which the defendant resides or has his principal place of business, and such court shall have jurisdiction to restrain such violation, to require compliance, to assess such civil penalty and to collect any noncompliance penalty (and nonpayment penalty) owed under section 120. In determining the amount of any civil penalty to be assessed under this subsection, the court shall take into consideration (in addition to other factors) the size of the business, the economic impact of the penalty on the business, and the seriousness of the violation.”.

Section 113 of the Clean Air Act is amended by adding

Ante, p. 704.

the following new subsection:

“(d)“(d)

(1)(1)

A State (or, after thirty days notice to the State, the Administrator) may issue an order for any stationary source which specifies a date for final compliance with any requirement of an applicable implementation plan later than the date for attainment of any national ambient air quality standard specified in such plan if—

“(A)“(A)

such order is issued after notice to the public (and, as

Public notice and hearing.

appropriate, to the Administrator) containing the content of the proposed order and opportunity for public hearing;

#

“(B)“(B)

the order contains a schedule and timetable for compliance;

#

“(C)“(C)

the order requires compliance with applicable interim requirements as provided in paragraph (5)(B) (relating to sources converting to coal), and paragraph (6) and (7) (relating to all sources receiving such orders) and requires the emission monitoring and reporting by the source authorized to be required under sections 110(a)(2)(F) and 114(a)(1);

Ante, p. 693.

Post, p. 776

#

“(D)“(D)

the order provides for final compliance with the requirement of the applicable implementation plan as expeditiously as practicable, but (except as provided in paragraph (4) or (5)) in no event later than July 1, 1979, or three years after the date for final compliance with such requirement specified in such plan, whichever is later; and

#

“(E)“(E)

in the case of a major stationary source, the order notifies

Noncompliance penalty.

the source that it will be required to pay a noncompliance penalty under section 120 or by such later date as is set forth in the order in accordance with section 120 in the event such source fails to achieve final compliance by July 1, 1979.

#

#

“(2)“(2)

In the case of any major stationary source, no such order issued by the State shall take effect until the Administrator determines that such order has been issued in accordance with the requirements of this Act. In the case of any source other than a major stationary source, such order issued by the State shall cease to be effective upon a deter-mination by the Administrator that it was not issued in accordance with the requirements of this Act. If the Administrator so objects, he shall simultaneously proceed to issue an enforcement order in accordance with subsection (a) or an order under this subsection. Nothing in this section shall be construed as limiting the authority of a State or political subdivision to adopt and enforce a more stringent emission limitation or more expeditious schedule or timetable for compliance than that contained in an order by the Administrator.

#

“(3)“(3)

If any source not in compliance with any requirement of an applicable implementation plan gives written notification to the State (or the Administrator) that such source intends to comply by means of replacement of the facility, a complete change in production process, or a termination of operation, the State (or the Administrator) may issue an order under paragraph (1) of this subsection permitting the source to operate until July 1, 1979, without any interim schedule

Bond.

of compliance: Provided, That as a condition of the issuance of any such order, the owner or operator of such source shall post a bond or other surety in an amount equal to the cost of actual compliance by such facility and any economic value which may accrue to the owner or operator of such source by reason of the failure to comply. If a source for which the bond or other surety required by this paragraph has been posted fails to replace the facility, change the production process, or terminate the operations as specified in the order by the required date, the owner or operator shall immediately forfeit on the bond or other surety and the State (or the Administrator) shall have no discretion to modify the order under this paragraph or to compromise the bond or other surety.

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“(4)“(4)

An order under paragraph (1) of this subsection may be issued to an existing stationary source if—

“(A)“(A)

the source will expeditiously use new means of emission limitation which the Administrator determines is likely to be adequately demonstrated (within the meaning of section 111(a)(1) upon expiration of the order,

#

“(B)“(B)

such new means of emission limitation is not likely to be used by such source unless an order is granted under this subsection.

#

“(C)“(C)

such new means of emission limitation is determined by the Administrator to have a substantial likelihood of—

“(i)“(i)

achieving greater continuous emission reduction than the means of emission limitation which, but for such order, would be required; or

#

“(ii)“(ii)

achieving an equivalent continuous reduction at lower cost in terms of energy, economic, or non air quality environmental impact; and

#

#

“(D)“(D)

compliance by the source with the requirement of the applicable implementation plan would be impracticable prior to, or during, the installation of such new means.

#

Such an order shall provide for final compliance with the requirement in the applicable implementation plan as expeditiously as practicable, but in no event later than five years after the date on which the source would otherwise be required to be in full compliance with the requirement.

#

“(5)“(5)

(A)(A)

In the case of a major stationary source which is burning petroleum products or natural gas, or both and which—

“(i)“(i)

is prohibited from doing so under an order pursuant to the provisions of section 2(a) of the Energy Supply and Environmental

15 USC 792.

Coordination Act of 1974 or any amendment thereto, or any subsequent enactment which supersedes such provisions, or

#

“(ii)“(ii)

within one year after enactment of the Clean Air Act Amendments of 1977 gives notice of intent to convert to coal as its primary energy source because of actual or anticipated curtailment of natural gas supplies under any curtailment plan or schedule approved by the Federal Power Commission (or, in the case of intrastate natural gas supplies, approved by the appropriate State regulatory commission),

#

and which thereby would no longer be in compliance with any requirement under an applicable implementation plan, an order may be issued by the Administrator under paragraph (1) of this subsection for such source which specifies a date for final compliance with such requirement as expeditiously as practicable, but not later than December 31, 1980. The Administrator may issue an additional order under paragraph (1) of this subsection for such source providing an additional period of such source to come into compliance with the requirement in the applicable implementation plan, which shall be as expeditiously as practicable, but in no event later than five years after the date required for compliance under the preceding sentence.

#

“(B)“(B)

In issuing an order pursuant to subparagraph (A), the Administrator shall prescribe (and may from time to time modify) emission limitations, requirements respecting pollution characteristics of coal, or other enforceable measures for control of emissions for each source to which such an order applies. Such limitations, requirements, and measures shall be those which the Administrator determines must be complied with by the source in order to assure (throughout the period before the date for final compliance established in the order) that the burning of coal by such source will not result in emissions which cause or contribute, to concentrations of any air pollutant in excess of any national primary ambient air quality standard for such pollutant.

#

“(C)“(C)

The Administrator may, by regulation, establish priorities

Priorities.

under which manufacturers of continuous emission reduction systems necessary to carry out this paragraph shall provide such systems to users thereof, if he finds, after consultation with the States, that priorities must be imposed in order to assure that such systems are first provided to sources subject to orders under this paragraph in air quality control regions in which national primary ambient air quality standards have not been achieved. No regulation under this subparagraph may impair the obligation of any contract entered into before the date of enactment of the Clean Air Act Amendments of 1977.

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“(D)“(D)

No order issued to a source under this paragraph with respect to an air pollutant shall be effective if the national primary ambient air quality standard with respect to such pollutant is being exceeded at any time in the air quality control region in which such source is located. The preceding sentence shall not apply to a source if, upon submission by any person of evidence satisfactory to the Administrator, the Administrator determines (after notice and public hearing)—

“(i)“(i)

that emissions of such air pollutant from such source will affect only infrequently the air quality concentrations of such pollutant in each portion of the region where such standard is being exceeded at any time;

#

“(ii)“(ii)

that emissions of such air pollutant from such source will have only insignificant effect on the air quality concentrations of such pollutant in each portion of the region where such standard is being exceeded at any time; and

#

“(iii)“(iii)

with reasonable statistical assurance that emissions of such air pollutant from such source will not cause or contribute to air quality concentrations of such pollutant in excess of the national primary ambient air quality standard for such pollutant.

#

#

#

“(6)“(6)

An order issued to a source under this subsection shall set forth compliance schedules containing increments of progress which require compliance with the requirement postponed as expeditiously as practicable.

#

“(7)“(7)

A source to which an order is issued under paragraph (1), (3), (4), or (5) of this subsection shall use the best practicable system or systems of emission reduction (as determined by the Administrator taking into account the requirement with which the source must ultimately comply) for the period during which such order is in effect and shall comply with such interim requirements as the Administrator

Interim requirements.

determines are reasonable and practicable. Such interim requirements shall include—

“(A)“(A)

such measures as the Administrator determines are necessary to avoid an imminent and substantial endangerment to health of persons, and

#

“(B)“(B)

a requirement that the source comply with the requirements of the applicable implementation plan during any such period insofar as such source is able to do so (as determined by the Administrator).

#

#

“(8)“(8)

Any order under paragraph (1) or (3) of this subsection shall be terminated if the Administrator determines on the record, after notice and hearing, that the inability of the source to comply no longer exists. If the owner or operator of the source to which the order is issued demonstrates that prompt termination of such order would result in undue hardship, the termination shall become effective at the earliest practicable date on which such undue hardship would not result, but in no event later than the date required under this subsection.

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“(9)“(9)

If the Administrator determines that a source to which an order is issued under this subsection is in violation of any requirement of this subsection, he shall—

“(A)“(A)

enforce such requirement under subsections (a), (b), or (c) of this section,

#

“(B)“(B)

(after notice and opportunity for public hearing) revoke such order and enforce compliance with the requirement with respect to which such order was granted,

#

“(C)“(C)

give notice of noncompliance and commence action under

Post, p. 714.

section 120. or

#

“(D)“(D)

take any appropriate combination of such actions.

#

#

“(10)“(10)

During the period of the order issued under this subsection and where the owner or operator is in compliance with the terms of such order, no other enforcement action pursuant to this section or

Post, pp. 771, 772.

section 304 of this Act shall be pursued against such owner or operator based upon noncompliance during the period the order is in effect with the requirement for the source covered by such order.

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“(11)“(11)

For the purposes of sections 110,304. and 307 of this Act, any order issued by the State (and approved by the Administrator) pursuant to this subsection shall become part of the applicable implementation plan.

#

“(12)“(12)

Any enforcement order issued under subsection (a) of this section or any consent decree in an enforcement action which is in effect on the day of enactment of the Clean Air Act Amendments of 1977 shall remain in effect to the extent that such order or consent decree is (A) not inconsistent with the requirements of this subsection and

Post, pp. 709, 710.

section 119 or (B) the administrative orders on consent issued by the Administrator on November 5, 1975 and February 26, 1976 and requiring compliance with sulfur dioxide emission limitations or standards at least as stringent as those promulgated under section 111. Any such

Ante, pp. 697. 699–701. 703;

Post, p. 791.

enforcement order issued under subsection (a) of this section or consent decree which provides for an extension beyond July 1, 1979, except such administrative orders on consent, is void unless modified under this subsection within one year after the enactment of the Clean Air Act Amendments of 1977 to comply with the requirements of this subsection.”.

#

#

to strike subsections (a) through (c);

to renumber subsections (d) and (e) as subsections (a) and (b), respectively; and

to amend redesignated subsection (b)—

Section 118 of the Clean Air Act, relating to control

42 USC 7418.

of pollution from Federal facilities, is amended—

Section 118 of such Act is amended by striking out “The President may exempt” and inserting in lieu thereof:

“(b)“(b)

The President may exempt”.

#

Section 118(b) of such Act, as amended by subsection (b) of

Exemption.

this Act, is amended by inserting the following immediately before the last sentence thereof: “In addition to any such exemption of a

Regulations.

particular emission source, the President may, if he determines it to be in the paramount interest of the United States to do so, issue regulations exempting from compliance with the requirements of this section any weaponry, equipment, aircraft, vehicles, or other classes or categories of property which are owned or operated by the Armed Forces of the United States (including the Coast Guard) or by the National Guard of any State and which are uniquely military in nature. The President shall reconsider the need for such regulations at three-year intervals.”.

Title I of the Clean Air Act is amended by inserting immediately before section 101 the following: “Part A—Air Quality and Emission Limitations”.

Part A of title I of the Clean Air Act is amended by adding the following new section at the end thereof:

“Sec. 119. “primary nonferrous smelter orders

(a)(a)

(1)(1)

Upon application by the owner or operator of a primary nonferrous smelter, a primary nonferrous smelter order under subsection (b) may be issued—

“(A)“(A)

by the Administrator, after thirty days’ notice to the State, or

#

“(B)“(B)

by the State in which such source is located, but no such order issued by the State shall take effect until the Administrator determines that such order has been issued in accordance with the requirements of this Act.

#

Not later than ninety days after submission by the State to the Administrator of notice of the issuance of a primary nonferrous smelter order under this section, the Administrator shall determine whether or not such order has been issued by the State in accordance with the requirements

Hearing.

of this Act. If the Administrator determines that such order has not been issued in accordance with such requirements, he shall conduct a hearing respecting the reasonably available control technology for primary nonferrous smelters.

#

“(2)“(2)

(A)(A)

An order issued under this section to a primary nonferrous smelter shall be referred to as a ‘primary nonferrous smelter order’. No primary nonferrous smelter may receive both an enforcement order under section 113(d) and a primary nonferrous smelter order

Ante, p. 705.

under this section.

#

“(B)“(B)

Before any hearing conducted under this section, in the case of an application made by the owner or operator of a primary non-ferrous smelter for a second order under this section, the applicant shall furnish the Administrator (or the State as the case may be) with a statement of the grounds on which such application is based (including all supporting documents and information). The statement of the grounds for the proposed order shall be provided by the Administrator or the State in any case in which such State or Administrator is acting on its own initiative. Such statement (including such documents and information) shall be made available to the public for a thirty-day period before such hearing and shall be considered as part of such hearing. No primary nonferrous smelter order may be granted unless the applicant establishes that he meets the conditions required for the issuance of such order (or the Administrator or State establishes the meeting of such conditions when acting on their own initiative).

#

“(C)“(C)

Any decision with respect to the issuance of a primary non-ferrous smelter order shall be accompanied by a concise statement of the findings and of the basis of such findings.

#

#

#

“(b)“(b)

A primary nonferrous smelter order under this section may be issued to a primary nonferrous smelter if—

“(1)“(1)

such smelter is in existence on the date of the enactment of this section;

#

“(2)“(2)

the requirement of the applicable implementation plan with respect to which the order is issued is an emission limitation or standard for sulfur oxides which is necessary and intended to be itself sufficient to enable attainment and maintenance of national primary and secondary ambient air quality standards for sulfur oxides; and

#

“(3)“(3)

such smelter is unable to comply with such requirement by the applicable date for compliance because no means of emission limitation applicable to such smelter which will enable it to achieve compliance with such requirement has been adequately demonstrated to be reasonably available (as determined by the Administrator, taking into account the cost of compliance, non-air Quality health and environmental impact, and energy consideration).

#

#

“(c)“(c)

(1)(1)

A second order issued to a smelter under this section shall

Orders.

set forth compliance schedules containing increments of progress which require compliance with the requirement postponed as expeditiously as practicable. The increments of progress shall be limited to requiring compliance with subsection (d) and, in the case of a second order, to procuring, installing, and operating the necessary means of emission limitation as expeditiously as practicable after the Administrator determines such means have been adequately demonstrated to be reasonably available within the meaning of subsection (b)(3).

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“(2)“(2)

Not in excess of two primary nonferrous smelter orders may be issued under this section to any primary nonferrous smelter. The first such order issued to a smelter shall not result in the postponement of the requirement with respect to which such order is issued beyond January 1, 1983. The second such order shall not result in the post-ponement of such requirement beyond January 1, 1988.

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“(d)“(d)

(1)(1)

(A)(A)

Each primary nonferrous smelter to which an order

Interim measures.

is issued under this section shall be required to use such interim measures for the period during which such order is in effect as may be necessary in the judgment of the Administrator to assure attainment and maintenance of the national primary and secondary ambient air quality standards during such period, taking into account the aggregate effect on air quality of such order together with all variances, extensions, waivers, enforcement orders, delayed compliance orders and primary nonferrous smelter orders previously issued under this Act.

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“(B)“(B)

Such interim requirements shall include—

“(i)“(i)

a requirement that the source to which the order applies comply with such reporting requirements and conduct such monitoring as the Administrator determines may be necessary, and

#

“(ii)“(ii)

such measures as the Administrator determines are necessary to avoid an imminent and substantial endangerment to health of persons.

#

#

“(C)“(C)

Such interim measures shall also, except as provided in paragraph (2), include continuous emission reduction technology. The

Agreement.

Administrator shall condition the use of any such interim measures upon the agreement of the owner or operator of the smelter—

“(i)“(i)

to comply with such conditions as the Administrator determines are necessary to maximize the reliability and enforceability of such interim measures, as applied to the smelter, in attaining and maintaining the national ambient air quality standards to which the order relates, and

#

“(ii)“(ii)

to commit reasonable resources to research and development of appropriate emission control technology.

#

#

#

“(2)“(2)

The requirement of paragraph (1) for the use of continuous

Waiver.

Notice and hearing.

emission reduction technology may be waived with respect to a particular smelter by the State or the Administrator, after notice and a hearing on the record, and upon a showing by the owner or operator of the smelter that such requirement would be so costly as to necessitate permanent or prolonged temporary cessation of operations of the smelter. Upon application for such waiver, the Administrator shall be notified and shall, within ninety days, hold a hearing on the record in accordance with section 554 of title. 5 of the United States Code. At such hearing the Administrator shall require the smelter involved to present information relating to any alleged cessation of operations and the detailed reasons or justifications therefor. On the basis of such hearing the Administrator shall make findings of fact as to the effect of such requirement and on the alleged cessation of operations and shall make such recommendations as he deems appropriate.

Information, availability to public.

Such report, findings, and recommendations shall be available to the public, and shall be taken into account by the State or the Administrator in making the decision whether or not to grant such waiver.

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“(3)“(3)

In order to obtain information for purposes of a waiver under paragraph (2), the Administrator may, on his own motion, conduct

Post, p. 781.

Notice and hearing.

an investigation and use the authority of section 319.

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“(4)“(4)

In the case of any smelter which on the date of enactment of this section uses continuous emission reduction technology and supplemental controls and which receives an initial primary non-ferrous smelter order under this section, no additional continuous emission reduction technology shall be required as a condition of such order unless the Administrator determines, at any time, after notice and public hearing, that such additional continuous emission reduction technology is adequately demonstrated to be reasonably available for the primary nonferrous smelter industry.

#

#

“(e)“(e)

At any time during which such order applies, the Administrator may enter upon a public hearing respecting the availability of

Termination, notice and hearing.

technology. Any order under this section shall be terminated if the Administrator determines on the record, after notice and public hearing, that the conditions upon which the order was based no longer exist. If the owner or operator of the smelter to which the order is issued demonstrates that prompt termination of such order would result in undue hardship, the termination shall become effective at the earliest practicable date on which such undue hardship would not result, but in no event later than the date required under subsection (c).

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“(f)“(f)

If the Administrator determines that a smelter to which an order is issued under this section is in violation of any requirement of subsection (c) or (d),he shall—

“(1)“(1)

enforce such requirement under section 113,

#

“(2)“(2)

(after notice and opportunity for public hearing) revoke such order and enforce compliance with the requirement with respect to which such order was granted,

#

“(3)“(3)

give notice of noncompliance and commence action under

Infra.

section 120, or

#

“(4)“(4)

take any appropriate combination of such actions.”.

#

#

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Part A of title I of the Clean Air Act is amended by adding at the end thereof the following new section:

“Sec. 122. “listing of certain unregulated pollutants

(a)(a)

Not later than one year after date of enactment of this section (two years for radioactive pollutants) and after notice and opportunity for public hearing, the. Administrator shall review all available relevant information and determine whether or not emissions of radioactive pollutants (including source material, special nuclear material, and byproduct material), cadmium, arsenic and polycyclic organic matter into the ambient air will cause, or contribute to, air pollution which may reasonably lie anticipated to endanger public health. If the Administrator makes an affirmative determination with respect to any such substance, he shall simultaneously with such determination include such substance in the list

Post, p. 790.

42 USC 7412.

published under section 108(a)(1) or 112(b)(1)(A) (in the case of a substance which, in the judgment of the Administrator, causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness), or shall include each category of stationary sources emitting such substance in significant amounts

Post, p. 791.

in the list published under section 111(b)(1)(A), or take any combination of such actions.

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“(b)“(b)

Nothing in subsection (a) shall be construed to affect the authority of the Administrator to revise any list referred to in subsection (a) with respect to any substance (whether or not enumerated in subsection (a)).

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“(c)“(c)

(1)(1)

Before listing any source material, special nuclear, or byproduct material (or component or derivative thereof) as provided in subsection (a), the Administrator shall consult with the Nuclear Regulatory Commission.

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“(2)“(2)

Not later than six months after listing any such material (or component or derivative thereof) the Administrator and the Nuclear Regulatory Commission shall enter into an interagency agreement with respect to those sources or facilities which are under the jurisdiction of the Commission. This agreement shall, to the maximum extent practicable consistent with this Act, minimize duplication of effort and conserve administrative resources in the establishment, implementation, and enforcement of emission limitations, standards of performance, and other requirements and authorities (substantive and procedural) under this Act respecting the emission of such material or component or derivative thereof) from such sources or facilities.

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“(3)“(3)

In case of any standard or emission limitation promulgated

Notice and hearing.

by the Administrator, under this Act or by any State (or the Administrator) under any applicable implementation plan under this Act, if the Nuclear Regulatory Commission determines, after notice and opportunity for public hearing that the application of such standard or limitation to a source or facility within the jurisdiction of the Commission would endanger public health or safety, such standard or limitation shall not apply to such facilities or sources unless the President determines otherwise within ninety days from the date of such finding.”.

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#

The Administrator of the Environmental Protection Agency

Study by EPA.

42 USC 7422 note.

shall conduct a study, in conjunction with other appropriate agencies, concerning the effect on the public health and welfare of sulfates, radioactive pollutants, cadmium, arsenic, and polycyclic organic matter which are present or may reasonably be anticipated to occur in the ambient air. Such study shall include a thorough investigation of how sulfates are formed and how to protect public health and welfare from the injurious effects, if any, of sulfates, cadmium, arsenic, and polycyclic organic matter.

Title I of the Clean Air Act is amended by adding the following new part at the end thereof:

“Part C— Prevention of Significant Deterioration of Air Quality

“subpart 1

“Sec. 160. “purposes

The purposes of this part are as follows:

42 USC 7470.

“(1)“(1)

to protect public health and welfare from any actual or potential adverse effect which in the Administrator’s judgment may reasonably be anticipate to occur from air pollution or from exposures to pollutants in other media, which pollutants originate as emissions to the ambient air), notwithstanding attainment and maintenance of all national ambient air quality standards;

#

“(2)“(2)

to preserve, protect, and enhance the air quality in national parks, national wilderness areas, national monuments, national seashores, and other areas of special national or regional natural, recreational, scenic, or historic value;

#

“(3)“(3)

to insure that economic growth will occur in a manner consistent with the preservation of existing clean air resources;

#

“(4)“(4)

to assure that emissions from any source in any State will not interfere with any portion of the applicable implementation plan to prevent significant deterioration of air quality for any other State; and

#

“(5)“(5)

to assure that any decision to permit increased air pollution in any area to which this section applies is made only after careful evaluation of all the consequences of such a decision and after adequate procedural opportunities for informed public participation in the decision making process.

#

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“Sec. 161. “Plan requirements

In accordance with the policy of section 101(b)(1), each

Regulations.

42 USC 7471.

42 USC 7401.

applicable implementation plan shall contain emission limitations and such other measures as may be necessary, as determined under regulations promulgated under this part, to prevent significant deterioration of air quality in each region (or portion thereof) identified pursuant to section 107(a)(1)(D) or (E).

Ante, p. 687.

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“Sec. 162. “initial classifications

(a)(a)

Upon the enactment of this part, all—

42 USC 7472.

“(1)“(1)

international parks,

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“(2)“(2)

national wilderness areas which exceed 5,000 acres in size,

#

“(3)“(3)

national memorial parks which exceed 5.000 acres in size, and

#

“(4)“(4)

national parks which exceed six thousand acres in size and which are in existence on the date of enactment of the Clean Air Act Amendments of 1977 shall be class I areas and may not be redesignated. All areas which were redesignated as class I under regulations promulgated before such date of enactment shall be class I areas which may be redesignated as provided in this part.

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#

“(b)“(b)

All areas in such State, identified pursuant to section 107(d)(1)(D)

Ante, p. 687.

or (E) which are not established as class I under subsection (a) shall be class II areas unless redesignated under section 164.

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“Sec. 163. “increments and ceilings

(a)(a)

In the case of sulfur oxide and particulate matter, each applicable implementation plan shall contain measures assuring that maximum allowable increases over baseline concentrations of, and maximum allowable concentrations of, such pollutant shall not be exceeded. In the case of any maximum allowable increase (except an allowable increase specified under 165(d)(2)(C)(iv) for a pollutant based on concentrations permitted under national ambient air quality standards for any period other than an annual period, such regulations shall permit such maximum allowable increase to be exceeded during one such period per year.

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“(b)“(b)

(1)(1)

For any class I area, the maximum allowable increase in concentrations of sulfur dioxide and particulate matter over the baseline concentration of such pollutants shall not exceed the following amounts:

“Pollutant Particulate matter:	Maximum allowable increase (in micrograms per cubic meter)
Annual geometric mean	5
Twenty-four-hour maximum	10
Sulfur dioxide:
Annual arithmetic mean	2
Twenty-four-hour maximum	5
Three-hour maximum	25

#

“(2)“(2)

For any class II area, the maximum allowable increase in concentrations of sulfur dioxide and particulate matter over the baseline concentration of such pollutants shall not exceed the following amounts:

“Pollutant Particulate matter:	Maximum allowable increase (in micrograms per cubic meter)
Annual geometric mean	19
Twenty-four-hour maximum	37
Sulfur dioxide:
Annual arithmetic mean	20
Twenty-four-hour maximum	91
Three-hour maximum	512

#

“(3)“(3)

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

“Pollutant Particulate matter:	Maximum allowable increase (in micrograms per cubic meter)
Annual geometric mean	37
Twenty-four-hour maximum	75
Sulfur dioxide:
Annual arithmetic mean	40
Twenty-four-hour maximum	182
Three-hour maximum	700

#

“(4)“(4)

The maximum allowable concentration of any air pollutant in any area to which this part applies shall not exceed a concentration for such pollutant for each period of exposure equal to—

“(A)“(A)

the concentration permitted under the national secondary ambient air quality standard, or

#

“(B)“(B)

the concentration permitted under the national primary ambient air quality standard,

#

whichever concentration is lowest for such pollutant for such period of exposure.

#

#

“(c)“(c)

(1)(1)

In the case of any State which has a plan approved by

Notice and hearing.

the Administrator for purposes of carrying out this part, the Governor of such State may, after notice and opportunity for public hearing, issue orders or promulgate rules providing that for purposes of determining compliance with the maximum allowable increases in ambient concentrations of an air pollutant, the following concentrations of such pollutant shall not be taken into account:

“(A)“(A)

concentrations of such pollutant attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, or natural gas, or both, by reason of an order which is in effect under the provisions of sections 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any subsequent legislation which

15 USC 792.

supersedes such provisions) over the emissions from such sources before the effective date of such order.

#

“(B)“(B)

the concentrations of such pollutant attributable to the increase in emissions from stationary sources which have converted from using natural gas by reason of a natural gas curtailment pursuant to a natural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions from such sources

16 USC 791a.

before the effective date of such plan,

#

“(C)“(C)

concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities, and

#

“(D)“(D)

the increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration determined in accordance with section 169 (4).

#

#

“(2)“(2)

No action taken with respect to a source under paragraph (1)(A) or (1)(B) shall apply more than five years after the effective date of the order referred to in paragraph (1)(A) or the plan referred to in paragraph (1)(B), whichever is applicable. If both such order and plan are applicable, no such action shall apply more than five years after the later of such effective dates.

#

“(3)“(3)

No action under this subsection shall take effect unless the

Order or rule.

Governor submits the order or rule providing for such exclusion to the Administrator and the Administrator determines that such order or rule is in compliance with the provisions of this subsection.

#

#

#

“Sec. 164. “area redesignation

(a)(a)

Except as otherwise provided under subsection (c),

42 USC 7474.

a State may redesignate such areas as it deems appropriate as class I areas. The following areas may be redesignated only as class I or II:

“(1)“(1)

an area which exceeds ten thousand acres in size and is a national monument, a national primitive area, a national preserve, a national recreation area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore, and

#

“(2)“(2)

a national park or national wilderness area established after the date of enactment of this Act which exceeds ten thousand acres in size.

Any area (other than an area referred to in paragraph (1) or (2) or an area established as class I under the first sentence of section 162(a)) may be redesignated by the State as class III if—

“(A)“(A)

such redesignation has been specifically approved by the Governor of the State, after consultation with the appropriate Committees of the legislature if it is in session or with the leadership of the legislature if it is not in session (unless State law provides that such redesignation must be specifically approved by State legislation) and if general purpose units of local government representing a majority of the residents of the area so redesignated enact legislation (including for such units of local government resolutions where appropriate) concurring in the State’s redesignation;

#

“(B)“(B)

such redesignation will not cause, or contribute to, concentrations of any air pollutant which exceed any maximum allowable increase or maximum allowable concentration permitted under the classification of any other area; and

#

“(C)“(C)

such redesignation otherwise meets the requirements of this part.

#

Subparagraph (A) of this paragraph shall not apply to area redesignations by Indian tribes.

#

#

“(b)“(b)

(1)(1)

(A)(A)

Prior to redesignation of any area under this part, notice shall be afforded and public hearings shall be conducted in areas proposed to be redesignated and in areas which may be affected by the proposed redesignation. Prior to any such public hearing a satisfactory description and analysis of the health, environmental, economic, social, and energy effects of the proposed redesignation shall be prepared and made available for public inspection and prior to any such redesignation, the description and analysis of such effects shall be reviewed and examined by the redesignating authorities.

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“(B)“(B)

Prior to the issuance of notice under subparagraph (A) respecting the redesignation of any area under this subsection, if such area includes any Federal lands, the State shall provide written notice to the appropriate Federal land manager and afford adequate opportunity (out not in excess of 60 days) to confer with the State respecting the intended notice of redesignation and to submit written comments and recommendations with respect to such intended notice

List.

of redesignation. In redesignating any area under this section with respect to which any Federal land manager has submitted written comments and recommendations, the State shall publish a list of any inconsistency between such redesignation and such recommendations and an explanation of such inconsistency (together with the reasons for making such redesignation against the recommendation of the Federal land manager).

#

“(C)“(C)

The Administrator shall promulgate regulations not later than six months after date of enactment of this part, to assure, insofar as practicable, that prior to any public hearing on redesignation of any area, there shall be available for public inspection any specific plans for any new or modified major emitting facility which may be permitted to be constructed and operated only if the area in question is designated or redesignated as class III.

#

#

“(2)“(2)

The Administrator may disapprove the redesignation of any area only if he finds, after notice and opportunity for public hearing, that such redesignation does not meet the procedural requirements of this section. If any such disapproval occurs, the classification of the area shall be that which was in effect prior to the redesignation which was disapproved.

#

#

“(c)“(c)

Lands within the exterior boundaries of reservations of federally

Indian reservations.

recognized Indian tribes may be redesignated only by the appropriate Indian governing body. Such Indian governing body shall be subject in all respect to the provisions of subsection (e).

#

“(d)“(d)

The Federal Land Manager shall review all national monuments, primitive areas, and national preserves, and shall recommend any appropriate areas for redesignation as class I where air quality related values are important attributes of the area. The Federal Land

Report to Congress.

Manager shall report such recommendations, within supporting analysis, to the Congress and the affected States within one year after enactment of this section. The Federal Land Manager shall consult with the appropriate States before making such recommendations.

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“(e)“(e)

If any State affected by the redesignation of area by an Indian tribe or any Indian tribe affected by the redesignation of an area by a State disagrees with such redesignation of any area, or if a permit is proposed to be issued for any new major emitting facility proposed for construction in any State which the Governor of an affected State or governing body of an affected Indian tribe determines will cause or contribute to a cumulative change in air quality in excess of that allowed in this part within the affected State or tribal reservation, the Governor or Indian ruling body may request the Administrator to enter into negotiations with the parties involved to resolve such dispute. If requested by any State or Indian tribe involved, the Administrator shall make a recommendation to resolve the dispute and protect the air quality related values of the lands involved. If the parties involved do not reach agreement, the Administrator shall resolve the dispute and his determination, or the results of agreements reached through other means, shall become part of the applicable plan and shall be enforceable as part of such plan. In resolving such disputes relating to area redesignation, the Administrator shall consider the extent to which the lands involved are of sufficient size to allow effective air quality management or have air quality related values of such an area.

#

#

“Sec. 165. “preconstruction requirements

(a)(a)

No major emitting facility on which construction is

42 USC 7475.

commenced after the date of the enactment of this part, may be constructed in any area to which this part applies unless—

“(1)“(1)

a permit has been issued for such proposed facility in accordance with this part setting forth emission limitations for such facility which conform to the requirements of this part:

#

“(2)“(2)

the proposed permit has been subject to a review in

Regulation.

Hearing.

accordance with this section, the required analysis has been conducted in accordance with regulations promulgated by the Administrator, and a public hearing has been held with opportunity for interested persons including representatives of the Administrator to appear and submit written or oral presentations on the air quality impact of such source, alternatives thereto, control technology requirements, and other appropriate considerations;

#

“(3)“(3)

the owner or operator of such facility demonstrates that emissions from construction or operation of such facility will not cause, or contribute to, air pollution in excess of any (A) maximum allowable increase or maximum allowable concentration for any pollutant in any area to which this part applies more than one tune per year, (B) national ambient air quality standard in any air quality control region, or (C) any other applicable emission standard or standard of performance under this Act;

#

“(4)“(4)

the proposed facility is subject to the best available control technology for each pollutant subject to regulation under this Act emitted from, or which results from, such facility;

#

“(5)“(5)

the provisions of subsection (d) with respect to protection of class I areas have been complied with for such facility;

#

“(6)“(6)

there has been an analysis of any air quality impacts projected for the area as a result of growth associated with such facility;

#

“(7)“(7)

the person who owns or operates, or proposes to own or operate, a major emitting facility for which a permit is required under this part agrees to conduct such monitoring as may be necessary to determine the effect which emissions from any such facility may have, or is having, on air quality in any area which may be affected by emissions from such source; and

#

“(8)“(8)

in the case of a source which proposes to construct in a class III area, emissions from which would cause or contribute to exceeding the maximum allowable increments applicable in a

Ante, pp. 697, 699–701, 703;

Post, p. 791.

class II area and where no standard under section 111 of this Act has been promulgated subsequent to enactment of the Clean Air Act Amendments of 1977, for such source category, the Administrator has approved the determination of best available technology as set forth in the permit.

#

#

“(b)“(b)

The demonstration pertaining to maximum allowable increases required under subsection (a)(3) shall not apply to maximum allowable increases for class II areas in the case of an expansion or modification of a major emitting facility which is in existence on the date of enactment of the Clean Air Act Amendments of 1977, whose actual allowable emissions of air pollutants, after compliance with subsection (a)(4), will be less than fifty tons per year and for which the owner or operator of such facility demonstrates that emissions of particulate matter and sulfur oxides will not contribute to ambient air quality levels in excess of the national secondary ambient air quality standard for either of such pollutants.

#

“(c)“(c)

Any completed permit application under section 110 for a major emitting facility in any area to which this part applies shall be granted or denied not later than one year after the date of filing of such completed application.

#

“(d)“(d)

(1)(1)

Each State shall transmit to the Administrator a copy of each permit application relating to a major emitting facility received by such State and provide notice to the Administrator of every action related to the consideration of such permit.

#

“(2)“(2)

(A)(A)

The Administrator shall provide notice of the permit application to the Federal Land Manager and the Federal official charged with direct responsibility for management of any lands within a class I area which may be affected by emissions from the proposed facility.

#

“(B)“(B)

The Federal Land Manager and the Federal official charged with direct responsibility for management of such lands shall have an affirmative responsibility to protect the air quality related values (including visibility) of any such lands within a class I area and to consider, in consultation with the Administrator, whether a proposed major emitting facility will have an adverse impact on such values.

#

“(C)“(C)

(i)(i)

In any case where the Federal official charged with direct responsibility for management of any lands within a class I area or the Federal Land Manager of such lands, or the Administrator, or the Governor of an adjacent State containing such a class I area files a notice alleging that emissions from a proposed major emitting facility may cause or contribute to a change in the air quality in such area and identifying the potential adverse impact of such change, a permit shall not be issued unless the owner or operator of such facility demonstrates that emissions of particulate matter and sulfur dioxide will not cause or contribute to concentrations which exceed the maximum allowable increases for a class I area.

#

“(ii)“(ii)

In any case where the Federal Land Manager demonstrates to the satisfaction of the State that the emissions from such facility will have an adverse impact on the air quality-related values (including visibility) of such lands, notwithstanding the fact that the change in air quality resulting from emissions from such facility will not cause or contribute to concentrations which exceed the maximum allowable increases for a class I area, a permit shall not be issued.

#

“(iii)“(iii)

In any case where the owner or operator of such facility demonstrates to the satisfaction of the Federal Land Manager, and the Federal Land Manager so certifies, that the emissions from such facility will have no adverse impact on the air quality related values of such lands (including visibility), notwithstanding the fact that the change in air quality resulting from emissions from such facility will cause or contribute to concentrations, which exceed the maximum allowable increases for class I areas, the State may issue a permit.

#

“(iv)“(iv)

In the case of a permit issued pursuant to clause (iii), such facility shall comply with such emission limitations under such permit as may be necessary to assure that emissions of sulfur oxides and particulates from such sources together with all other sources, will not exceed the following maximum allowable increases over the baseline concentration for such pollutants:

“Pollutant Particulate matter:	Maximum allowable increase (in micrograms per cubic meter)
Annual geometric mean	19
Twenty-four-hour maximum	37
Sulfur dioxide:
Annual arithmetic mean	20
Twenty-four-hour maximum	91
Three-hour maximum	325

#

#

“(D)“(D)

(i)(i)

In any case where the owner or operator of a proposed

Notice and hearing.

major emitting facility who has been denied a certification under subparagraph (C)(iii) demonstrates to the satisfaction of the Governor, after notice and public hearing, and the Governor finds, that the facility cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for periods of twenty-four hours or less applicable to any class I area and, in the case of Federal mandatory class I areas, that a variance under this clause will not adversely affect the air quality related values of the area (including visibility), the Governor, after consideration of the Federal Land Manager’s recommendation (if any) and subject to his concurrence, may grant a variance from such maximum allowable increase. If such variance is granted, a permit may be issued to such source pursuant to the requirements of this subparagraph.

#

“(ii)“(ii)

In any case in which the Governor recommends a variance

Variance recommendations, transmittal to President.

under this subparagraph in which the Federal Land Manager does not concur, the recommendations of the Governor and the Federal Land Manager shall be transmitted to the President. The President may approve the Governor’s recommendation if he finds that such variance is in the national interest. No Presidential finding shall be reviewable in any court. The variance shall take effect if the President approves the Governor’s recommendations. The President shall approve or disapprove such recommendation within ninety days after his receipt of the recommendations of the Governor and the Federal Land Manager.

#

“ (iii)

In the case of a permit issued pursuant to this subparagraph, such facility shall comply with such emission limitations under such permit as may be necessary to assure that emissions of sulfur oxides from such source, together with all other sources, will exceed the otherwise applicable maximum allowable increases for a period of exposure of twenty-four hours or less on not more than eighteen days during any annual period and that during such day such emissions will not exceed the following maximum allowable increases over the baseline concentration for such pollutant:

Period of exposure	Low terrain areas	High terrain areas
24-hr maximum	36	62
3-hr maximum	130	221

#

#

#

#

“(e)“(e)

(1)(1)

The review provided for in subsection (a) shall be preceded by an analysis in accordance with regulations of the Administrator, promulgated under this subsection, which may be conducted by the State (or any general purpose unit of local government) or by the major emitting facility applying for such permit, of the ambient air quality at the proposed site and in areas which may be affected by emissions from such facility for each pollutant subject to regulation under this Act which will be emitted from such facility.

#

“(2)“(2)

Effective one year after date of enactment of this part, the analysis required by this subsection shall include continuous air quality monitoring data gathered for purposes of determining whether omissions from such facility will exceed the maximum allowable increases or the maximum allowable concentration permitted under

Regulations.

this part. Such data shall be gathered over a period of one calendar year preceding the date of application for a permit under this part unless the State, in accordance with regulations promulgated by the Administrator, determines that a complete and adequate analysis for such purposes may be accomplished in a shorter period. The results of such analysis shall lie available at the time of the public hearing on the application for such permit.

#

“(3)“(3)

The Administrator shall within six months after the date of enactment of this part promulgate regulations respecting the analysis required under this subsection which regulations—

“(A)“(A)

shall not require the use of any automatic or uniform buffer zone or zones,

#

“(B)“(B)

shall require an analysis of the ambient air quality, climate and meteorology, terrain, soils and vegetation, and visibility at the site of the proposed major emitting facility and in the area potentially affected by the emissions from such facility for each pollutant regulated under this Act which will be emitted from, or which results from the construction or operation of, such facility, the size and nature of the proposed facility, the degree of continuous emission reduction which could be achieved by such facility, and such other factors as may be relevant in determining the effect of emissions from a proposed facility on any air quality control region.

#

“(C)“(C)

shall require the results of such analysis shall be available at the time of the public hearing on the application for such permit, and

#

“(D)“(D)

shall specify with reasonable particularity each air quality model or models to be used under specified sets of conditions for purposes of this part.

#

Any model or models designated under such regulations may be

Models, adjustment.

Notice and hearing.

adjusted upon a determination, after notice and opportunity for public hearing, by the Administrator that such adjustment is necessary to take into account unique terrain or meteorological characteristics of an area potentially affected by emissions from a source applying for a permit required under this part.

#

#

#

“Sec. 166. “other pollutants

(a)(a)

In the case of the pollutants hydrocarbons, carbon

Study and regulations.

42 USC 7476.

monoxide, photochemical oxidants, and nitrogen oxides, the Administrator shall conduct a study and not later than two years after the date of enactment of this part, promulgate regulations to prevent the significant deterioration of air quality which would result from the emissions of such pollutants. In the case of pollutants for which national ambient air quality standards are promulgated after the date of the enactment of this part, he shall promulgate such regulations not more than 2 years after the date of promulgation of such standards.

#

“(b)“(b)

Regulations referred to in subsection (a) shall become effective

Effective date.

one year after the date of promulgation. Within 21 months after such date of promulgation such plan revision shall be submitted to the Administrator who shall approve or disapprove the plan within 25 months after such date or promulgation in the same manner as required under section 110.

Ante, pp. 691–696.

#

“(c)“(c)

Such regulations shall provide specific numerical measures against which permit applications may be evaluated, a framework for stimulating improved control technology, protection of air quality values, and fulfill the goals and purposes set forth in section 101 and

42 USC 7401.

section 160.

#

“(d)“(d)

The regulations of the Administrator under subsection (a) shall provide specific measures at least as effective as the increments established in section 163 to fulfill such goals and purposes, and may contain air quality increments, emission density requirements, or other measures.

#

“(e)“(e)

With respect to any air pollutant for which a national ambient air quality standard is established other than sulfur oxides or particulate matter, an area classification plan shall not be required under this section if the implementation plan adopted by the State and submitted for the Administrator’s approval or promulgated by the Administrator under section 110(c) contains other provisions which when considered

Ante, p. 694.

as a whole, the Administrator finds will carry out the purposes in section 160 at least as effectively as an area classification plan for such pollutant. Such other provisions referred to in the preceding sentence need not require the establishment of maximum allowable increases with respect to such pollutant for any area to which this section applies.

#

#

“Sec. 167. “enforcement

The Administrator shall, and a State may, take such measures, including issuance of an order, or seeking injunctive relief, as necessary to prevent the construction of a major emitting facility which does not conform to the requirements of this part, or which is proposed to be constructed in any area included in the list promulgated pursuant to paragraph (1)(D) or (E) of subsection (d) of section

Ante, p. 687.

107 of this Act and which is not subject to an implementation plan which meets the requirements of this part.

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“Sec. 168. “period before plan approval

(a)(a)

Until such time as an applicable implementation plan is in effect for any area, which plan meets the requirements of this part to prevent significant deterioration of air quality with respect to any air pollutant, applicable regulations under this Act prior to enactment of this part shall remain in effect to prevent significant deterioration of air quality in any such area for any such pollutant except as otherwise provided in subsection (b).

#

“(b)“(b)

If any regulation in effect prior to enactment of this part to prevent significant deterioration of air quality would be inconsistent with the requirements of section 162(a), section 163(b) or section 164(a), then such regulations shall be deemed amended so as to conform with such requirements. In the case of a facility on which construction was commenced in accordance with this definition after June 1, 1975, and prior to the enactment of the Clean Air Act Amendments of 1977, the review and permitting of such facility shall be in accordance with the regulations for the prevention of significant deterioration in effect prior to the enactment of the Clean Air Act Amendments of 1977.

#

#

“Sec. 169. “definitions

For purposes of this part—

“(1)“(1)

The term ‘major emitting facility’ means any of the following stationary sources of air pollutants which emit, or have the potential to emit, one hundred tons per year or more of any air pollutant from the following types of stationary sources: fossil-fuel fired steam electric plants of more than two hundred and fifty million British thermal units per hour heat input, coal cleaning plants (thermal dryers), kraft pulp mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than two hundred and fifty tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production facilities, chemical process plants, fossil-fuel boilers of more than two hundred and fifty million British thermal units per hour heat input, petroleum storage and transfer facilities with a capacity exceeding three hundred thousand barrels, taconite ore processing facilities, glass fiber processing plants, charcoal production facilities. Such term also includes any other source with the potential to emit two hundred and fifty tons per year or more of any air pollutant This term shall not include new or modified facilities which are nonprofit health or education institutions which have been exempted by the State.

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“(2)“(2)

(A)(A)

The term ‘commenced’ as applied to construction of a major emitting facility means that the owner or operator has obtained all necessary preconstruction approvals or permits required by Federal, State, or local air pollution emissions and air quality laws or regulations and either has (i) begun, or caused to begin, a continuous program of physical on-site construction of the facility or (ii) entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of construction of the facility to be completed within a reasonable time.

#

“(B)“(B)

The term ‘necessary preconstruction approvals or permits’ means those permits or approvals, required by the permitting authority as a precondition to undertaking any activity under clauses (i) or (ii) of subparagraph (A) of this paragraph.

#

#

“(3)“(3)

The term ‘best available control technology’ means an emission limitation based on the maximum degree of reduction of each pollutant subject to regulation under this Act emitted from or which results from any major emitting facility, which the permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such facility through application of production processes and available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of each such pollutant. In no event shall application of ‘best available control technology’ result in emissions of any pollutants which will exceed the emissions allowed by any applicable standard established pursuant to section 111 or 112 of this Act.

Ante, pp. 697, 699–701, 703;

Post, p. 791.

Ante, pp. 701, 703; Post, p. 791.

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“(4)“(4)

The term ‘baseline concentration’ means, with respect to a pollutant, the ambient concentration levels which exist at the time of the first application for a permit in an area subject to this part, based on air quality data available in the Environmental Protection Agency or a State air pollution control agency and on such monitoring data as the permit applicant is required to submit. Such ambient concentration levels shall take into account all projected emissions in, or which may affect, such area from any major emitting facility on which construction commenced prior to January 6, 1975, but which has not begun operation by the date of the baseline air quality concentration determination. Emissions of sulfur oxides and particulate matter from any major emitting facility on which construction commenced after January 6, 1975, shall not be included in the baseline and shall be counted against the maximum allowable increases in pollutant concentrations established under this part.”.

#

#

#

#

Within one year from the date of enactment of this Act the

Report to Congress.

42 DSC 7479 note.

Administrator shall report to the Congress on the consequences of that portion of the definition of “major emitting facility” under the amendment made by subsection (a) which applies to facilities with the potential to emit two hundred and fifty tons per year or more. Such study shall examine the type of facilities covered, the air quality benefits of including such facilities, and the administrative aspect of regulating such facilities.

Not later than one year after the date of enactment of this Act,

Guidance document, publication.

42 USC 7470 note.

the Administrator shall publish a guidance document to assist the States in carrying out their functions under part C of title I of the

Ante, p. 731.

Clean Air Act (relating to prevention of significant deterioration of air quality) with respect to pollutants, other than sulfur oxides and particulates, for which national ambient air quality standards are promulgated. Such guidance document shall include recommended strategies for controlling photochemical oxidants on a regional or multistate basis for the purpose of implementing part C and section

Ante, pp. 691–696.

Study, report to Congress.

42 USC 7470 note.

110 of such Act.

Not later than two years after the date of enactment of this Act, the Administrator shall complete a study and report to the Congress on the progress made in carrying out part C of title I of the Clean Air Act (relating to significant deterioration of air quality) and the problems associated with carrying out such section, including recommendations for legislative changes necessary to implement strategies for controlling photochemical oxidants on a regional or multistate basis.

Part C of title I of the Clean Air Act, is amended by adding the following new section after section 168:

“subpart 2

“Sec. 169A. “visibility protection for federal class i areas

(a)(a)

(1)(1)

Congress hereby declares as a national goal the prevention of any future, and the remedying of any existing, impairment of visibility in mandatory class I Federal areas which impairment results from manmade air pollution.

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“(2)“(2)

Not later than six months after the date of the enactment of this section, the Secretary of the Interior in consultation with other Federal land managers shall review all mandatory class I Federal areas and identify those where visibility is an important value of the

Revision.

List.

area. From time to time the Secretary of the Interior may revise such identifications. Not later than one year after such date of enactment, the Administrator shall, after consultation with the Secretary of the Interior, promulgate a list of mandatory class I Federal areas in which he determines visibility is an important value.

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“(3)“(3)

Not later than eighteen months after the date of enactment of this section, the Administrator shall complete a study and report to Congress on available methods for implementing the national goal

Recommendations.

set forth in paragraph (1). Such report shall include recommendations for—

“(A)“(A)

methods for identifying, characterizing, determining, quantifying, and measuring visibility impairment in Federal areas referred to in paragraph (1), and

#

“(B)“(B)

modeling techniques (or other methods) for determining the extent to which manmade air pollution may reasonably be anticipated to cause or contribute to such impairment, and

#

“(C)“(C)

methods for preventing and remedying such manmade air pollution and resulting visibility impairment.

#

Such report shall also identify the classes or categories of sources and the types of air pollutants which, alone or in conjunction with other sources or pollutants, may reasonably be anticipated to cause or contribute significantly to impairment of visibility.

#

“(4)“(4)

Not later than twenty-four months after the date of enactment of this section, and after notice and public hearing, the Administrator shall promulgate regulations to assure (A) reasonable progress toward meeting the national goal specified in paragraph (1), and (B) compliance with the requirements of this section.

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#

“(b)“(b)

Regulations under subsection (a)(4) shall—

“(1)“(1)

provide guidelines to the States, taking into account the

Guidelines to States.

recommendations under subsection (a)(3) on appropriate techniques and methods for implementing this section (as provided in subparagraphs (A) through (C) of such subsection (a)(3)), and

#

“(2)“(2)

require each applicable implementation plan for a State in which any area listed by the Administrator under subsection (a)(2) is located (or for a State the emissions from which may reasonably be anticipated to cause or contribute to any impairment of visibility in any such area) to contain such emission limits, schedules of compliance and other measures as may be necessary to make reasonable progress toward meeting the national goal specified in subsection (a), including—

“(A)“(A)

except as otherwise provided pursuant to subsection

Emissions control retrofit technology.

(c), a requirement that each major stationary source which is in existence on the date of enactment of this section, but which has not been in operation for more than fifteen years as of such date, and which, as determined by the State (or the Administrator in the case of a plan promulgated under section 110(c)) emits any air pollutant which may reasonably

Ante, p. 694.

be anticipated to cause or contribute to any impairment of visibility in any such area, shall procure, install, and operate, as expeditiously as practicable (and maintain thereafter) the best available retrofit technology, as determined by the State (or the Administrator in the case of a plan promulgated under section 110(c)) for controlling emissions from such source for the purpose of eliminating or reducing any such impairment, and

#

“(B)“(B)

a long-term (ten to fifteen years) strategy for making reasonable progress toward meeting the national goal specified in subsection (a).

#

In the case of a fossil-fuel fired generating powerplant having a total generating capacity in excess of 750 megawatts, the emission limitations required under this paragraph shall be determined pursuant to guidelines, promulgated by the Administrator under paragraph (1).

#

#

“(c)“(c)

(1)(1)

The Administrator may, by rule, after notice and opportunity

Exemption, notice and hearing.

for public hearing, exempt any major stationary source from the requirement of subsection (b)(2)(A), upon his determination that such source does not or will not, by itself or in combination with other sources, emit any air pollutant which may reasonably be anticipated to cause or contribute to a significant impairment of visibility in any mandatory class I Federal area.

#

“(2)“(2)

Paragraph (1) of this subsection shall not be applicable to

Applicability.

any fossil-fuel fired powerplant with total design capacity of 750 megawatts or more, unless the owner or operator of any such plant demonstrates to the satisfaction of the Administrator that such powerplant is located at such distance from all areas listed by the Administrator under subsection (a)(2) that such powerplant does not or will not, by itself or in combination with other sources, emit any air pollutant which may reasonably be anticipated to cause or contribute to significant impairment of visibility in any such area.

#

“(3)“(3)

An exemption under this subsection shall be effective only upon

Concurrence by Federal land manager.

concurrence by the appropriate Federal land manager or managers with the Administrator’s determination under this subsection.

#

#

“(d)“(d)

Before holding the public hearing on the proposed revision of an applicable implementation plan to meet the requirements of this section, the State (or the Administrator, in the case of a plan promulgated under section 110(c)) shall consult in person with the appropriate Federal land manager or managers and shall include a summary of the conclusions and recommendations of the Federal land managers in the notice to the public.

#

“(e)“(e)

In promulgating regulations under this section, the Administrator shall not require the use of any automatic or uniform buffer zone or zones.

#

“(f)“(f)

For purposes of section 304(a)(2), the meeting of the national goal specified in subsection (a)(1) by any specific date or dates shall not be considered a ‘nondiscretionary duty’ of the Administrator.

#

“(g)“(g)

For the purpose of this section—

“(1)“(1)

in determining reasonable progress there shall be. taken into consideration the costs of compliance, the time necessary for compliance, and the energy and non air quality environmental impacts of compliance, and the remaining useful life of any existing source subject to such requirements;

#

“(2)“(2)

in determining best available retrofit technology the State (or the Administrator in determining emission limitations which reflect such technology) shall take into consideration the costs of compliance, the energy and non air quality environmental impacts of compliance, any existing pollution control technology’ in use at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology;

#

“(3)“(3)

the term ‘manmade air pollution’ means air pollution which results directly or indirectly from human activities;

#

“(4)“(4)

the term ‘as expeditiously as practicable means as expeditiously as practicable but in no event later than five years after the date of approval of a plan revision under this section (or the date of promulgation of such a plan revision in the case of action by the Administrator under section 110(c) for purposes of this section);

#

“(5)“(5)

the term ‘mandatory class I Federal areas’ means Federal areas which may not be designated as other than class I under this part;

#

“(6)“(6)

the terms ‘visibility impairment’ and ‘impairment of visibility’ shall include reduction in visual range and atmospheric discoloration; and

#

“(7)“(7)

the term ‘major stationary source’ means the following types of stationary sources with the potential to emit 250 tons or more of any pollutant: fossil-fuel fired steam electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants (thermal dryers), kraft pulp mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incenerators capable of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production facilities, chemical process plants, fossil-fuel boilers of more than 250 million British thermal units per hour heat input, petroleum storage and transfer facilities with a capacity exceeding 300,000 barrels, taconite ore processing facilities, glass fiber processing plants, charcoal production facilities.”.

#

#

#

#

Title I of such Act is amended by adding the following new part at the end thereof:

“Part D— Plan Requirements for Nonattainment Areas “definitions

“Sec. 171.

For the purpose of this part and section 110(a)(2)(I)—

“(1)“(1)

The term ‘reasonable further progress’ means annual incremental reductions in emissions of the applicable air pollutant (including substantial reductions in the early years following approval or promulgation of plan provisions under this part and section 110(a)(2)(I) and regular reductions thereafter) which are sufficient in the judgment of the Administrator, to provide for attainment of the applicable national ambient air quality standard by the date required in section 172(a).

#

“(2)“(2)

The term ‘nonattainment area’ means, for any air pollutant an area which is shown by monitored data or which is calculated by air quality modeling (or other methods determined by the Administrator to be reliable) to exceed any national ambient air quality standard for such pollutant. Such term includes any area identified under subparagraphs (A) through (C) of section

Ante, p. 687.

107(d)(1).

#

“(3)“(3)

The term ‘lowest achievable emission rate’ means for any source, that rate of emissions which reflects—

“(A)“(A)

the most stringent emission limitation which is contained in the implementation plan of any State for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable, or

#

“(B)“(B)

the most stringent emission limitation which is achieved in practice by such class or category of source, whichever is more stringent.

#

In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source standards of performance.

#

“(4)“(4)

The terms ‘modifications’ and ‘modified’ mean the same as the term ‘modification’ as used in section 111(a)(4) of this

42 USC 7411.

Act.

#

#

“Sec. 172. “nonattainment plan provisions

(a)(a)

(1)(1)

The provisions of an applicable implementation plan for a State relating to attainment and maintenance of national ambient air quality standards in any nonattainment area which are required by section 110(a)(2)(I) as a precondition for the construction or modification of any major stationary source in any such area on or after July 1, 1979, shall provide for attainment of each such national ambient air quality standard in each such area as expeditiously as practicable, but, in the case of national primary ambient air quality standards, not later than December 31, 1982.

#

“(2)“(2)

In the case of the national primary ambient air quality standard for photochemical oxidants or carbon monoxide (or both) if the State demonstrates to the satisfaction of the Administrator (on or before the time required for submission of such plan) that such attainment is not possible in an area with respect to either or both of such pollutants within the period prior to December 31, 1982, despite the implementation of all reasonably available measures, such provisions shall provide for the attainment of the national primary standard for the pollutant (or pollutants) with respect to which such demonstration is made, as expeditiously as practicable but not later than December 31, 1987.

#

#

“(b)“(b)

The plan provisions required by subsection (a) shall—

“(1)“(1)

be adopted by the State (or promulgated by the Administrator

Notice and hearing.

Ante, p. 694.

under section 110(c)) after reasonable notice and public hearing;

#

“(2)“(2)

provide for the implementation of all reasonably available control measures as expeditiously as practicable;

#

“(3)“(3)

require, in the interim, reasonable further progress (as defined in section 171(1)) including such reduction in emissions from existing sources m the area as may be obtained through the adoption, at a minimum, of reasonably available control technology;

#

“(4)“(4)

include a comprehensive, accurate, current inventory of

Emissions inventory.

actual emissions from all sources (as provided by rule of the Administrator) of each such pollutant for each such area which is revised and resubmitted as frequently as may be necessary to assure that the requirements of paragraph (3) are met and to assess the need for additional reductions to assure attainment of each standard by the date required under paragraph (1);

#

“(5)“(5)

expressly identify and quantify the emissions, if any, of any such pollutant which will be allowed to result from the construction and operation of major new or modified stationary sources for each such area;

#

“(6)“(6)

require permits for the construction and operation of new

Permits.

or modified major stationary sources in accordance with section 173 (relating to permit requirements);

#

“(7)“(7)

identify and commit the financial and manpower resources necessary to carry out the plan provisions required by this subsection;

#

“(8)“(8)

contain emission limitations, schedules of compliance and such other measures as may be necessary to meet the requirements of this section;

#

“(9)“(9)

evidence public, local government, and State legislative involvement and consultation in accordance with section 174 (relating to planning procedures) and include (A) an identification and analysis of the air quality, health, welfare, economic, energy, and social effects of the plan provisions required by this subsection and of the alternatives considered by the State, and (B) a summary of the public comment on such analysis;

#

“(10)“(10)

include written evidence that the State, the general purpose local government or governments, or a regional agency designated by general purpose local governments for such purpose. have adopted by statute, regulation, ordinance, or other legally enforceable document, the necessary requirements and schedules and timetables for compliance, and are committed to implement and enforce the appropriate elements of the pl an;

#

“(11)“(11)

in the case of plans which make a demonstration pursue and to paragraph (2) of subsection (a)—

“(A)“(A)

establish a program which requires, prior to issuance

Program.

of any permit for construction or modification of a major emitting facility, an analysis of alternative sites, sizes, production processes, and environmental control techniques for such proposed source which demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification;

#

“(B)“(B)

establish a specific schedule for implementation of a vehicle emission control inspection and maintenance program; and

#

“(C)“(C)

identify other measures necessary’ to provide for attainment of the applicable national ambient air quality standard not later than December 31, 1987.

#

#

#

“(c)“(c)

In the case of a State plan revision required under the Clean Air Act Amendments of 1977 to be submitted before July 1, 1982, by reason of a demonstration under subsection (a)(2), effective on such date such plan shall contain enforceable measures to assure attainment of the applicable standard not later than July 1, 1987.

#

#

“Sec. 173. “permit requirements

The permit program required by section 172(b)(6) shall provide that permits to construct and operate may be issued if—

“(1)“(1)

the permitting agency determines that—

“(A)“(A)

by the time the facility is to commence operation, total allowable emissions from existing sources in the region, from new sources which are not major emitting facilities, and from the proposed facility will be sufficiently less than total emissions from existing sources allowed under the implementation plan prior to the application for such permit to construct or modify so as to represent (when considered together with the plan provisions required under section 172) reasonable further progress (as defined in section 171); or

#

“(B)“(B)

that emissions of such pollutant resulting from the proposed new or modified major stationary source will not cause or contribute to emissions levels which exceed the allowance permitted for such pollutant for such area from new or modified major stationary sources under section 172(b);

#

#

“(2)“(2)

the proposed source is required to comply with the lowest achievable emission rate; and

#

“(3)“(3)

the owner or operator of the proposed new or modified source has demonstrated that all major stationary sources owned or operated by such person (or by any entity controlling, controlled by, or under common control with such person) in such State are subject to emission limitations and are in compliance, or on a schedule for compliance, with all applicable emission limitations and standards under this Act.

#

Any emission reductions required as a precondition of the issuance of a permit under paragraph (1)(A) shall be legally binding before such permit may be issued.

#

“Sec. 174. “planning procedures

(a)(a)

Within six months after the enactment of the Clean Air Act Amendments of 1977, for each region in which the national primary ambient air quality standard for carbon monoxide or photochemical oxidants will not be attained by July 1, 1979, the State and elected officials of affected local governments shall jointly determine which elements of a revised implementation plan will lie planned for and implemented or enforced by the State and which such elements will be planned for and implemented or enforced by local governments or regional agencies, or any combination of local governments, regional agencies, or the State. Where possible within the time required under this subsection, the implementation plan required by this part shall be prepared by an organization of elected officials of local governments designated by agreement of the local governments in an affected area, and certified by the State for this purpose. Where such an organization has not been designated by

Consultation.

agreement within six months after the enactment of the Clean Air Act Amendments of 1977, the Governor (or, in the case of an interstate area, Governors), after consultation with elected officials of local governments, and in accordance with the determination under the first sentence of this subparagraph, shall designate an organization of elected officials of local governments in the affected area or a State agency to prepare such plan. Where feasible, such organization shall be the metropolitan planning organization designated to conduct the continuing, cooperative and comprehensive transportation planning process for the area under section 134 of title 23, United States Code, or the organization responsible for the air quality maintenance planning process under regulations implementing this section, or the organization with both responsibilities.

#

“(b)“(b)

The preparation of implementation plan provisions under this part shall be coordinated with the continuing, cooperative, and comprehensive transportation planning process required under section 134 of title 23, United States Code, and the air quality maintenance planning process required under section 110, and such planning processes shall

Ante, pp. 691–696.

take into account the requirements of this part.

#

#

“Sec. 175. “environmental protection agency grants

(a)(a)

The Administrator shall make grants to any organization

42 USC 7505.

of local elected officials with transportation or air quality maintenance planning responsibilities recognized by the State under section 174(a) for payment of the reasonable costs of developing a plan revision under this part.

#

“(b)“(b)

The amount granted to any organization under subsection (a) shall be 100 percent of any additional costs of developing a plan revision under this part for the first two fiscal years following receipt of the grant under this paragraph, and shall supplement any funds available under Federal law to such organization for transportation or air quality maintenance planning. Grants under this section shall not be used for construction.

#

#

“Sec. 176. “limitations on certain federal assistance

(a)(a)

The Administrator shall not approve any projects or

42 USC 7506.

award any grants authorized by this Act and the Secretary of Transportation shall not approve any projects or award any grants under title 23, United States Code, other than for safety, mass transit, or

23 USC 101 et seq.

transportation improvement projects related to air quality improvement or maintenance, in any air quality control region—

“(1)“(1)

in which any primary ambient air quality standard has not been attained,

#

“(2)“(2)

where transportation control measures are necessary for the attainment of such standard, and

#

“(3)“(3)

where the Administrator finds after July 1, 1979, that the Governor has not submitted an implementation plan which considers each of the elements required by section 172 or that reasonable efforts toward submitting such an implementation plan are not being made (or, after July 1, 1982, in the case of an implementation plan revision required under section 172 to be submitted before July 1, 1982).

#

#

“(b)“(b)

In any area in which the State or, as the case may be, the general purpose local government or governments or any regional agency designated by such general purpose local governments for such purpose, is not, implementing any requirement of an approved or promulgated

Ante, pp. 691–696.

plan under section 110, including any requirement for a revised implementation plan under this part, the Administrator shall not make any grants under this Act.

#

“(c)“(c)

No department, agency, or instrumentality of the Federal Government shall (1) engage in, (2) support in any way or provide financial assistance for, (3) license or permit, or (4) approve, any activity which does not conform to a plan after it has been approved or promulgated under section 110. No metropolitan planning organization designated under section 134 of title 23, United States Code, shall give its approval to any project, program, or plan which does not conform to a plan approved or promulgated under section 110. The assurance of conformity to such a plan shall be an affirmative responsibility of the head of such department, agency, or instrumentality.

#

“(d)“(d)

Each department, agency, or instrumentality of the Federal Government having authority to conduct or support any program with air-quality related transportation consequences shall give priority in the exercise of such authority, consistent with statutory requirements for allocation among States or other jurisdictions, to the implementation of those portions of plans prepared under this section to achieve and maintain the national primary ambient air quality standard. This paragraph extends to, but is not limited to, authority exercised under

49 USC 1601 note.

12 USC 1749m note.

the Urban Mass Transportation Act, title 23 of the United States Code, and the Housing and Urban Development Act.

#

#

“Sec. 177. “new motor vehicle emission standards in nonattainment areas

Notwithstanding section 209(a), any State which has plan provisions approved under this part may adopt and enforce for any model year standards relating to control of emissions from new motor vehicles or new motor vehicle engines and take such other actions as are referred to in section 209(a) respecting such vehicles if—

“(1)“(1)

such standards are identical to the California standards for which a waiver has been granted for such model year, and

#

“(2)“(2)

California and such State adopt such standards at least two years before commencement of such model year (as determined by regulations of the Administrator).

#

#

“Sec. 178. “guidance documents

The Administrator shall issue guidance documents under section 108 for purposes of assisting States in implementing requirements of this part respecting the lowest achievable emission rate. Such a document shall be published not later than nine months after the date of enactment of this part and shall be revised at least every two years thereafter.”.

#

#

Notwithstanding the requirements of section 406(d)(2) (relating to date required for submission of certain implementation plan revisions), for purposes of section 110(a)(2) of the Clean Air Act each State in which there is any nonattainment area (as defined in subpart D of the Clean Air Act) shall adopt and submit an implementation plan revision which meets the requirements of section 101 (a)(2)(I) and subpart D of the Clean Air Act not later than

42 USC 7401.

Ante, p. 746.

State plan adoption, submittal to Administrator.

January 1, 1979. In the case of any State for which a plan revision adopted and submitted before such date has made the demonstration required under section 172(a)(2) of the Clean Air Act (respecting impossibility of attainment before 1983), such State shall adopt and submit to the Administrator a plan revision before July 1, 1982, which meets the requirements of section 172 (b) and (c) or such Act.

Subparagraph (A) of section 202(b)(1) of the Clean

Standards.

42 USC 7521.

Air Act is amended to read as follows:

“(A)“(A)

The regulations under subsection (a) applicable to emissions of carbon monoxide and hydrocarbons from light-duty vehicles and engines manufactured during model years 1977 through 1979 shall contain standards which provide that such emissions from such vehicles and engines may not exceed 1.5 grams per vehicle mile of hydrocarbons and 15.0 grams per vehicle mile of carbon monoxide. The regulations under subsection (a) applicable to emissions of carbon monoxide from light-duty vehicles and engines manufactured during the model year 1980 shall contain standards which provide that such emissions may not exceed 7.0 grams per vehicle mile. The regulations under subsection (a) applicable to emissions of hydro-carbons from light-duty vehicles and engines manufactured during or after model year 1980 shall contain standards which require a reduction of at least 90 percent from emissions of such pollutant allowable under the standards under this section applicable to light-duty vehicles and engines manufactured in model year 1970. Unless waived as provided in paragraph (5), regulations under subsection (a) applicable to emissions of carbon monoxide from light-duty vehicles and engines manufactured during or after the model year 1981 shall contain standards which require a reduction of at least 90 percent from emissions of such pollutant allowable under the standards under this section applicable to light-duty vehicles and engines manufactured in model year 1970.”.

#

Subparagraph (B) of section 202(b)(1) of such Act is

Standards.

amended to read as follows:

“(B)“(B)

The regulations under subsection (a) applicable to emissions of oxides of nitrogen from light-duty vehicles and engines manufactured during model years 1977 through 1980 shall contain standards which provide that such emissions from such vehicles and engines may not exceed 2.0 grams per vehicle mile. The regulations under subsection (a) applicable to emissions of oxides of nitrogen from light-duty vehicles and engines manufactured during the model year 1981 and thereafter shall contain standards which provide that such emissions from such vehicles and engines may not exceed 1.0 gram per vehicle mile. The Administrator shall prescribe standards in lieu of those required by the preceding sentence, which provide that emissions of oxides of nitrogen may not exceed 2.0 grams per vehicle mile for any light-duty vehicle manufactured during model years 1981 and 1982 by any manufacturer whose production, by corporate identity, for model year 1976 was less than three hundred thousand light-duty motor vehicles worldwide if the Administrator determines that—

“(i)“(i)

the ability of such manufacturer to meet emission standards in the 1975 and subsequent model years was, and is, primarily dependent upon technology developed by United States manufacturers and purchased from such manufacturers; and

#

“(ii)“(ii)

such manufacturer lacks the financial resources and technological ability to develop such technology.”.

#

#

Section 202(b) of such Act is amended by striking out paragraph (5) thereof and substituting the following:

“(5)“(5)

(A)(A)

At any time after August 31, 1978, any manufacturer may file an application requesting the waiver for model years 1981 and 1982 of the effective date of the emission standard required by paragraph (1)(A) for carbon monoxide applicable to any model (as determined by the Administration) of light-duty motor vehicles and engines manufacturers in such model years. The Administrator shall make his determination with respect to any such application within sixty days

Standards, regulations.

after such application is filed with respect to such model. If he determines, in accordance with the provisions of this paragraph, that such waiver should be granted, he shall simultaneously with such determination prescribe by regulation emission standards which shall apply (in lieu of the standards required to be prescribed by paragraph (1)(A) of this subsection) to emissions of carbon monoxide from such model of vehicles or engines manufactured during model years 1981 and 1982.

#

“(B)“(B)

Any standards prescribed under this paragraph shall not permit emissions of carbon monoxide from vehicles and engines to which such waiver applies to exceed 7.0 grams per vehicle per mile.

#

“(C)“(C)

Within sixty days after receipt of the application for any such waiver and after public hearing, the Administrator shall issue a decision granting or refusing such waiver. The Administrator may grant such waiver if he finds that protection of the public health does not require attainment of such 90 percent reduction for carbon monoxide for the model years to which such waiver applies in the case of such vehicles and engines and if he determines that—

“(i)“(i)

such waiver is essential to the public interest or the public health and welfare of the United States;

#

“(ii)“(ii)

all good faith efforts have been made to meet the standards established by this subsection;

#

“(iii)“(iii)

the applicant has established that effective control technology, processes, operating methods, or other alternatives are not available or have not been available with respect to the model in question for a sufficient period of time to achieve compliance prior to the effective date of such standards, taking into consideration costs, drivability and fuel economy; and

#

“(iv)“(iv)

studies and investigations of the National Academy of Sciences conducted pursuant to sub section (c) and other information available to him has not indicated that technology, processes, or other alternatives are available (within the meaning of clause (iii)) to meet such standards.

#

#

#

“(6)“(6)

(A)(A)

Upon the petition of any manufacturer, the Administrator, after notice and opportunity for public hearing, may waive the standard required under subparagraph (B) of paragraph (1) to not exceed 1.5 grams of oxides of nitrogen per vehicle mile for any class or category of light-duty vehicles or engines manufactured by such manufacturer during any period of up to four model years beginning after the model year 1980 if the manufacturer demonstrates that such waiver is necessary to permit the use of an innovative power train technology, or innovative emission control device or system, in such class or category of vehicles or engines and that such technology or system was not utilized by more than 1 percent of the light-duty vehicles sold in the United States in the 1975 model year. Such waiver may be granted only if the Administrator determines—

“(i)“(i)

that such waiver would not endanger public health,

#

“(ii)“(ii)

that there is a substantial likelihood that the vehicles or engines will be able to comply with the applicable standard under this section at the expiration of the waiver, and

#

“(iii)“(iii)

that the technology or system has a potential for long-term air quality benefit and has the potential to meet or exceed the average fuel economy standard applicable under the Energy Policy and Conservation Act upon the expiration of the waiver.

42 USC 6201 note.

Applicability.

#

No waiver under this subparagraph granted to any manufacturer shall apply to more than 5 percent of such manufacturer’s production or more than fifty thousand vehicles or engines, whichever is greater.

#

“(B)“(B)

Upon the petition of any manufacturer, the Administrator,

Waiver, petition.

Notice and hearing.

after notice and opportunity for public hearing, may waive the standard required under subparagraph (B) of paragraph (1) to not to exceed 1.5 grams of oxides of nitrogen per vehicle mile for any class or category of light-duty vehicles and engines manufactured by such manufacturer during the four model year period beginning with the model year 1981 if the manufacturer can show that such waiver is necessary to permit the use of diesel engine technology in such class or category of vehicles or engines. Such waiver may be granted if the Administrator determines—

“(i)“(i)

that such waiver will not endanger public health,

#

“(ii)“(ii)

that such waiver will result in significant fuel savings at least equal to the fuel economy standard applicable in each year under the Energy Policy and Conservation Act, and

#

“(iii)“(iii)

that the technology has a potential for long-term air quality benefit and has the potential to meet or exceed the average fuel economy standard applicable under the Energy Policy and Conservation Act at the expiration of the waiver.”.

#

#

#

The Administrator of the Environmental Protection

42 USC 7521 note.

Agency shall conduct a study of the public health implications of attaining an emission standard on oxides of nitrogen from light duty vehicles of 0.4 gram per vehicle mile, the cost and technological capability of attaining such standard, and the need for such a standard to protect public health or welfare. The Administrator shall submit a

Report to Congress, recommendations.

Ante, p. 752.

report of such study to the Congress, together with recommendations not later than July 1, 1980.

Section 202(b) of the Clean Air Act is amended by adding a new paragraph (7) as follows:

“(7)“(7)

The Congress hereby declares and establishes as a research objective, the development of propulsion systems and emission control technology to achieve standards which represent a reduction of at least 90 per centum from the average emissions of oxides of nitrogen actually measured from light duty motor vehicles manufactured in model year 1971 not subject to any Federal or State emission standard

Regulations.

Demonstration vehicles.

for oxides of nitrogen. The Administrator shall, by regulations promulgated within one hundred and eighty days after enactment of the Clean Air Act Amendments of 1977, require each manufacturer whose sales represent at least 0.5 per centum of light duty motor vehicle sales in the United States, to build and, on a regular basis, demonstrate the operation of light duty motor vehicles that meet this research objective, in addition to any other applicable standards or requirements for other pollutants under this Act. Such demonstration vehicles shall be submitted to the Administrator no later than model year 1979 and in each model year thereafter. Such demonstration shall, in accordance with applicable regulations, to the greatest extent possible, (A) be designed to encourage the development of new powerplant and emission control technologies that are fuel efficient, (B) assure that the demonstration vehicles are or could reasonably be expected to be within the productive capability of the manufacturers, and (C) assure the utilization of optimum engine, fuel, and emission control systems.”.

#

Following each motor vehicle model year, the Administrator of the Environmental Protection Agency shall report to the Congress respecting the motor vehicle fuel consumption associated with the standards applicable for the immediately preceding model year.

The Secretary of Transportation and the Secretary of Energy shall each submit to Congress, as promptly as practicable following submission by the Administrator of the fuel consumption report referred to in subsection (a), separate reports respecting such fuel consumption.

Section 207(b)(2) of the Clean Air Act is amended by adding the following at the end thereof: “No such warranty shall be invalid on the basis of any part used in the maintenance or repair of a vehicle or engine if such part was certified as provided under subsection (a)(2).”.

Section 207(a) of such Act is amended by striking out “(1)” and “(2)” and inserting in lieu thereof “(A)” and “(B)” respectively, by inserting “(1)” after “(a)” and by adding the following new paragraph at the end thereof:

“(2)“(2)

In the case of a motor vehicle part or motor vehicle engine part, the manufacturer or rebuilder of such part may certify that use of such part will not result in a failure of the vehicle or engine to comply with

Regulations.

emission standards promulgated under section 202. Such certification shall be made only under such regulations as may be promulgated by the Administrator to carry out the purposes of subsection (b). The Administrator shall promulgate such regulations no later than two years following the date of the enactment of this paragraph.”.

#

Section 207(b) of such Act, as amended by subsection (a), is amended by adding the following at the end thereof: “For purposes of the warranty under this subsection, for the period after twenty-four months or twenty-four thousand miles (whichever first occurs) the term ‘emission control device or system’ means a catalytic converter, thermal reactor, or other component installed on or in a vehicle for the sole or primary purpose of reducing vehicle emissions. Such term shall not include those vehicle components which were in general use prior to model year 1968.”.

Section 203(a) of the Clean Air Act is amended by

Ante, p. 755;

Post, p. 762.

adding the following at the end thereof: “No action with respect to any element of design referred to in paragraph (3) (including any adjustment or alteration of such element) shall be treated as a prohibited Act under such paragraph (3) if such action is in accordance with section 215”.

Infra.

Part A of title II of such Act is amended by inserting the following new section after section 214:

“Sec. 215. “high altitude performance adjustments

(a)(a)

(1)(1)

Any action taken with respect to any element of

42 USC 7549.

design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this title (including any alteration or adjustment of such element), shall be treated as not in violation of section 203(a) if such action is performed in accordance with high

Supra.

altitude adjustment instructions provided by the manufacturer under subsection (b) and approved by the Administrator.

#

“(2)“(2)

If the Administrator finds that adjustments or modifications

Finding.

made pursuant to instructions of the manufacturer under paragraph (1) will not ensure emission control performance with respect to each standard under section 202 at least equivalent to that which would

Ante, pp. 702, 751–753; Post, pp. 758–761, 765, 767, 769, 791.

result if no such adjustments or modifications were made, he shall disapprove such instructions. Such finding shall be based upon minimum engineering evaluations consistent with good engineering practice.

#

#

“(b)“(b)

(1)(1)

Instructions respecting each class or category of vehicles or engines to which this title applies providing for such vehicle and engine adjustments and modifications as may be necessary to ensure emission control performance at different altitudes shall be submitted by the manufacturer to the Administrator pursuant to regulations promulgated by the Administrator.

#

“(2)“(2)

Any knowing violation by a manufacturer of requirements of

Violations.

the Administrator under paragraph (1) shall be treated as a violation by such manufacturer of section 203(a)(3) for purposes of the penalties contained in section 205.

Post, p. 762.

#

“(3)“(3)

Such instructions shall provide, in addition to other adjustments, for adjustments for vehicles moving from high altitude areas to low altitude areas after the initial registration of such vehicles.

#

#

“(c)“(c)

No instructions under this section respecting adjustments or modifications may require the use of any manufacturer parts (as defined in section 203(a)) unless the manufacturer demonstrates to the satisfaction of the Administrator that the use of such manufacturer parts is necessary to insure emission control performance.

#

“(d)“(d)

Before January 1, 1981 the authority provided by this section shall be available in any high altitude State (as determined under regulations of the Administrator under regulations promulgated before the date of the enactment of this Act) but after December 31, 1981, such authority shall be available only in any such State in which an inspection and maintenance program for the testing of motor vehicle emissions has been instituted for the portions of the State where any national ambient air quality standard for auto-related pollutants has not been attained.”.

#

#

Section 206 of the Clean Air Act is amended by adding the following new subsection:

“(f)“(f)

(1)(1)

All light duty vehicles and engines manufactured during or after model year 1984 shall comply with the requirements of section 202 of this Act regardless of the altitude at which they are sold.

#

“(2)“(2)

By October 1, 1978, the Administrator shall report to the Congress on the economic impact and technological feasibility of the requirements found in subparagraph (1) of this subsection. The report is also to evaluate the technological feasibility and the health consequences of separate proportional emission standards for light duty vehicles and engines in high altitude areas that would reflect a comparable percentage of reduction in emissions to that achieved by light duty vehicles and engines in low altitude areas.”.

#

#

Section 202 of such Act is amended by adding the following new subsection at the end thereof:

“(f)“(f)

(1)(1)

The high altitude regulation in effect with respect to model year 1977 motor vehicles shall not apply to the manufacture, distribution, or sale of 1978 and later model year motor vehicles. Any future regulation affecting the sale or distribution of motor vehicles or engines manufactured before the model year 1984 in high altitude areas of the country shall take effect no earlier than model year 1981.

#

“(2)“(2)

Any such future regulation applicable to high altitude vehicles or engines shall not require a percentage of reduction in the emissions of such vehicles which is greater than the required percentage of reduction in emissions from motor vehicles as set forth in section 202(b). This percentage reduction shall be determined by comparing any proposed high altitude emission standards to high altitude emissions from vehicles manufactured during model year 1970. In no event shall regulations applicable to high altitude vehicles manufactured before the model year 1984 establish a numerical standard which is more stringent than that applicable to vehicles certified under non-high altitude conditions.

#

“(3)“(3)

Section 307(d) shall apply to any high altitude regulation

Applicability.

Post, p. 772.

referred to in paragraph (2) and before. promulgating any such regulation, the Administrator shall consider and make a finding with respect to—

“(A)“(A)

the economic impact upon consumers, individual high altitude dealers, and the automobile industry of any such regulation, including the economic impact which was experienced as a result of the regulation imposed during model year 1977 with respect to high altitude certification requirements;

#

“(B)“(B)

the present and future availability of emission control technology capable of meeting the applicable vehicle and engine emission requirements without reducing model availability; and

#

“(C)“(C)

the likelihood that the adoption of such a high altitude regulation will result in any significant improvement in air quality in any area to which it shall apply.”.

#

#

#

Section 202(a) of the Clean Air Act is amended by

Post, p. 765.

42 USC 7521.

inserting “paragraph (1) of” before “this subsection” in paragraph (2) thereof and by adding a new paragraph at the end thereof:

“(4)“(4)

(A)(A)

Effective with respect to vehicles and engines manufactured after model year 1978, no emission control device, system, or element of design shall be used in a new motor vehicle or new motor vehicle engine for purposes of complying with standards prescribed under this subsection if such device, system, or element of design will cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function.

#

“(B)“(B)

In determining whether an unreasonable risk exists under subparagraph (A), the Administrator shall consider, among other factors, (i) whether and to what extent the use of any device, system, or element of design causes, increases, reduces, or eliminates emissions of any unregulated pollutants; (ii) available methods for reducing or eliminating any risk to public health, welfare, or safety which may be associated with the use of such device, system, or element of design, and (iii) the availability of other devices, systems, or elements of design which may be used to conform to standards prescribed under this subsection without causing or contributing to such unreasonable risk. The Administrator shall include in the consideration required by this paragraph all relevant information developed pursuant to section 214.”

Post, p. 767.

Certificate of conformity.

Post, p. 762.

#

#

Section 206(a) of such Act is amended by adding at the end thereof the following:

“(3)“(3)

(A)(A)

A certificate of conformity may be issued under this section only if the Administrator determines that the manufacturer (or in the case of a vehicle or engine for import, any person) has established to the satisfaction of the Administrator that any emission control device, system, or element of design installed on, or incorpo-rated in, such vehicle or engine conforms to applicable requirements

Ante, p. 759.

Testing and reporting requirements.

of section 202(a)(4).

#

“(B)“(B)

The Administrator may conduct such tests and may require the manufacturer (or any such person) to conduct such tests and provide such information as is necessary to carry out subparagraph (A) of this paragraph. Such requirements shall include a requirement for prompt reporting of the emission of any unregulated pollutant from a system, device, or element of design if such pollutant was not emitted, or was emitted in significantly lesser amounts, from the vehicle or engine without use of the system, device, or element of design.”.

#

#

Section 203(a)(2) of the Clean Air Act is amended

42 USC 7522.

by inserting the following before the semicolon: “or for any person to fail or refuse to permit entry, testing, or inspection authorized under section 206(c)”.

42 USC 7525.

42 USC 7523.

Section 204(a) of such Act is amended by striking out “paragraph (1), (2), (3), or (4) of”.

Section 302(d) of such Act is amended by inserting before the

42 USC 7602.

period at the end thereof the following: “and includes the Commonwealth of the Northern Mariana Islands”.

Section 203(b)(3) of such Act is amended by striking out “subsection (a)” the second time it appears and inserting in lieu thereof “section 202” and by striking out “country of export” in each place it appears and inserting “country which is to receive such vehicle or engine”.

Section 203(a)(3) of the Clean Air Act is amended

Motor vehicle related businesses.

by inserting “(A)” after “(3)” and by adding the following new subparagraph (B) at the end thereof:

“(B)“(B)

for any person engaged in the business of repairing, servicing, selling, leasing, or trading motor vehicles or motor vehicle engines, or who operates a fleet of motor vehicles, knowingly to remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this title following its sale and delivery to the ultimate purchaser, or”.

#

Section 203(a) of such Act, as amended by section 211 of this Act, is amended by adding the following at the end thereof: “Nothing in paragraph (3) shall be construed to require the use of manufacturer parts in maintaining or repairing any motor vehicle or motor

“Manufacturer parts.”

vehicle engine. For the purposes of the preceding sentence, the term ‘manufacturer parts’ means, with respect to a motor vehicle engine, parts produced or sold by the manufacturer of the motor vehicle or motor vehicle engine.”.

Section 205 of such Act is amended to read as follows:

“Sec. 205. “penalties

Any person who violates paragraph (1), (2), or (4) of section 203(a) or any manufacturer, dealer, or other person who violates paragraph (3)(A) of section 203(a) shall be subject to a civil penalty of not more than $10,000. Any person who violates paragraph (3)(B) of such section 203(a) shall be subject to a civil penalty of not more than $2,500. Any such violation with respect to paragraph (1), (3), or (4) of section 203(a) shall constitute a separate offense with respect to each motor vehicle or motor vehicle engine.”.

#

Section 211 of the Clean Air Act is amended by adding the following new subsections at the end thereof:

“(e)“(e)

(1)(1)

Not later than one year after the date of enactment of this subsection and after notice and opportunity for a public hearing, the Administrator shall promulgate regulations which implement the authority under subsection (b)(2)(A) and (B) with respect to each fuel or fuel additive which is registered on the date of promulgation of such regulations and with respect to each fuel or fuel additive for which an application for registration is filed thereafter.

#

“(2)“(2)

Regulations under subsection (b) to carry out this subsection

Manufacturer reporting requirements.

shall require that the requisite information be provided to the Administrator by each such manufacturer—

“(A)“(A)

prior to registration, in the case of any fuel or fuel additive which is not registered on the date of promulgation of such regulations; or

#

“(B)“(B)

not later than three years after the date of promulgation of such regulations, in the case of any fuel or fuel additive which is registered on such date.

#

#

“(3)“(3)

In promulgating such regulations, the Administrator may—

Exemptions and cost-sharing.

“(A)“(A)

exempt any small business (as defined in such regulations) from or defer or modify the requirements of, such regulations with respect to any such small business;

#

“(B)“(B)

provide for cost-sharing with respect to the testing of any fuel or fuel additive which is manufactured or processed by two or more persons or otherwise provide for shared responsibility to meet the requirements of this section without duplication; or

#

“(C)“(C)

exempt any person from such regulations with respect to a particular fuel or fuel additive upon a finding that any additional testing of such fuel or fuel additive would be duplicative of adequate existing testing.

#

#

#

“(f)“(f)

(1)(1)

Effective upon March 31, 1977, it shall be unlawful for

New fuel and fuel additive content.

any manufacturer of any fuel or fuel additive to first introduce into commerce, or to increase the concentration in use of, any fuel or fuel additive for general use in light duty motor vehicles manufactured after model year 1974 which is not substantially similar to any fuel or fuel additive utilized in the certification of any model year 1975, or subsequent model year, vehicle or engine under section 206.

Ante, pp. 758–760, 762; Post, p. 768.

Gasoline content.

#

“(2)“(2)

Effective November 30, 1977, it shall be unlawful for any manufacturer of any fuel to first introduce into commerce any gasoline which contains a concentration of manganese in excess of .0625 grams per gallon of fuel.

#

“(3)“(3)

Any manufacturer of any fuel or fuel additive which prior to

Fuel additives, concentration restrictions.

March 31, 1977, and after January 1, 1974, first introduced into commerce or increased the concentration in use of a fuel or fuel additive that would otherwise, have been prohibited under paragraph (1) if introduced on or after March 31, 1977 shall, not later than September 15, 1978, cease to distribute such fuel or fuel additive in commerce. During the period beginning 180 days after the date of the enactment of this subsection and before September 15, 1978, the Administrator shall prohibit, or restrict the concentration of any fuel additive which he determines will cause or contribute to the failure of an emission control device or system (over the useful life of any vehicle in which such device or system is used) to achieve compliance by the vehicle with the emission standards with respect to which it has been certified under section 206.

#

“(4)“(4)

The Administrator, upon application of any manufacturer of

Waiver of fuel and fuel additive prohibitions.

any fuel or fuel additive, may waive the prohibitions established under paragraph (1) or (3) of this subsection if he determines that the applicant has established that such fuel or fuel additive or a specified concentration thereof, and the emission products of such fuel or additive or specified concentration thereof, will not cause or contribute to a failure of any emission control device or system (over the useful life of any vehicle in which such device or system is used) to achieve compliance by the vehicle with the emission standards with respect

Ante, pp. 758–760, 762; Post, p. 768.

to which it has been certified pursuant to section 206. If the Administrator has not acted to grant or deny an application under this paragraph within one hundred and eighty days of receipt of such application, the waiver authorized by this paragraph shall be treated as granted.

#

“(5)“(5)

No action of the Administrator under this section may be stayed by any court pending judicial review of such action.”.

#

#

Section 211(d) of such Act is amended by inserting “or (f) after “(a)”.

Section 202(a) of the Clean Air Act is amended by

42 USC 7521.

adding the following new paragraph at the end thereof:

“(3)“(3)

(A)(A)

(i)(i)

The Administrator shall prescribe regulations under

Regulations.

Emission standards for heavy-duty vehicles or engines.

paragraph (1) of this subsection applicable to emissions of carbon monoxide, hydrocarbons, and oxides of nitrogen from classes or categories of heavy-duty vehicles or engines manufactured during and after model year 1979. Such regulations applicable to such pollutants from such classes or categories of vehicles or engines manufactured during model years 1979 through 1982 shall contain standards which reflect the greatest degree of emission reduction achievable through the application of technology which the Administrator determines will be available for the model year to which such standards apply, giving appropriate consideration to the cost of applying such technology’ within the period of time available to manufacturers and to noise, energy, and safety factors associated with the application of such technology.

#

“(ii)“(ii)

Unless a different standard is temporarily promulgated as provided in subparagraph (B) or unless the standard is changed as provided in subparagraph (E), regulations under paragraph (1) of this subsection applicable to emissions from vehicles or engines manufactured during and after model year—

“(I)“(I)

1983, in the case of hydrocarbons and carbon monoxide,

1983 standards for hydrocarbons and carbon monoxide.

1985 standards for oxides of nitrogen.

shall contain standards which require a reduction of at least 90 per cent, and

#

“(II)“(II)

1985, in the case of oxides of nitrogen, shall contain standards which require a reduction of at least 75 per cent,

#

from the average of the actually measured emissions from heavy-duty gasoline-fueled vehicles or engines, or any class or category thereof, manufactured during the baseline model year.

#

“(iii)“(iii)

The Administrator shall prescribe regulations under paragraph

1981 standards for particulate matter.

(1) of this subsection applicable to emissions of particulate matter from classes or categories of vehicles manufactured during and after model year 1981 (or during any earlier model year, if practicable). Such regulations shall contain standards which reflect the greatest degree of emission reduction achievable through the application of technology which the Administrator determines will be available for the model year to which such standards apply, giving appropriate consideration to the cost of applying such technology within the period of time available to manufacturers and to noise, energy, and safety factors associated with the application of such technology. Such standards shall be promulgated and shall take effect as expeditiously as practicable taking into account the period necessary for compliance.

#

“(iv)“(iv)

In establishing classes or categories of vehicles or engines for

Vehicle and engine classes or categories, criteria.

purposes of regulations under this paragraph, the Administrator may base such classes or categories on gross vehicle weight, horsepower, or such other factors as may be appropriate.

#

“(v)“(v)

For the purpose of this paragraph, the term ‘baseline model year’ means, with respect to any pollutant emitted from any vehicle or engine, or class or category thereof, the model year immediately preceding the model year in which Federal standards applicable to such vehicle or engine, or class or category thereof, first applied with respect to such pollutant.

#

#

“(B)“(B)

During the period of June 1 through December 31, 1979, and during each period of June 1 through December 31 of each third year after 1979, the Administrator may, after notice and opportunity for a public hearing promulgate regulations revising any standard prescribed as provided in subparagraph (A)(ii) for any class or category of heavy-duty vehicles or engines. Such standard shall apply only for the period of three model years beginning four model years after the model year in which such revised standard is promulgated. In revising any standard under this subparagraph for any such three model year period, the Administrator shall determine the maximum degree of emission reduction which can be achieved by means reasonably expected to be available for production of such period and shall prescribe a revised emission standard in accordance with such determination. Such revised standard shall require a reduction of emissions of from any standard which applies in the previous model year.

#

“(C)“(C)

Action revising any standard for any period may be taken by the Administrator under subparagraph (B) only if he finds—

“(i)“(i)

that compliance with the emission standards otherwise applicable for such model year cannot be achieved by technology, processes, operating methods, or other alternatives reasonably expected to be available for production for such model year without increasing cost or decreasing fuel economy to an excessive and unreasonable degree; and

#

“(ii)“(ii)

the National Academy of Sciences has not, pursuant to its study and investigation under subsection (c), issued a report substantially contrary to the findings of the Administrator under clause (i).

#

#

“(D)“(D)

A report shall be made to the Congress with respect to any standard revised under subparagraph (B) which shall contain—

“(i)“(i)

a summary of the health effects found, or believed to be associated with, the pollutant covered by such standard,

#

“(ii)“(ii)

an analysis of the cost-effectiveness of other strategies for attaining and maintaining national ambient air quality standards

Ante, p. 731.

and carrying out regulations under part C of title I (relating to significant deterioration) in relation to the cost-effectiveness for such purposes of standards which, but for such revision, would apply.

#

“(iii)“(iii)

a summary of the research and development efforts and progress being made by each manufacturer for purposes of meeting the standards promulgated as provided in subparagraph (A)(ii) or, if applicable, subparagraph (E), and

#

“(iv)“(iv)

specific findings as to the relative costs of compliance, and relative fuel economy, which may be expected to result from the application for any model year of such revised standard and the application for such model year of the standard, which, but for such revision, would apply.

#

#

“(E)“(E)

(i)(i)

The Administrator shall conduct a continuing pollutant-specific study concerning the effects of each air pollutant emitted from heavy-duty vehicles or engines and from other sources of mobile source

Publication in Federal Register and report to Congress.

related pollutants on the public health and welfare. The results of such study shall be published in the Federal Register and reported to the Congress not later than June 1, 1979, and before June 1 of each third year thereafter.

#

“(ii)“(ii)

On the basis of such study and such other information as is available to him (including the studies under section 214), the Administrator

Infra.

may, after notice and opportunity for a public hearing, promulgate regulations under paragraph (1) of this subsection changing any standard prescribed in subparagraph (A)(ii)(or revised under subparagraph (B) or previously changed under this subparagraph). No such changed standard shall apply for any model year before the model year four years after the model year during which regulations containing such changed standard are promulgated.

#

#

“(F)“(F)

For purposes of this paragraph, motorcycles and motorcycle

Motorcycle classification.

Ante, p. 758.

engines shall be treated in the same manner as heavy-duty vehicles and engines (except as otherwise permitted under section 206(f)(1)) unless the Administrator promulgates a rule reclassifying motorcycles as light-duty vehicles within the meaning of this section or unless the Administrator promulgates regulations under subsection (a) applying standards applicable to the emission of air pollutants from motorcycles as a separate class or category. In any case in which such standards are promulgated for such emissions from motorcycles as a separate class or category, the Administrator, in promulgating such standards, shall consider the need to achieve equivalency of emission reductions between motorcycles and other motor vehicles to the maximum extent practicable.”.

#

#

Section 202(b)(3) of such Act is amended by adding the following

“Heavy duty vehicle.”

42 USC 7521.

new subparagraph at the end thereof:

“(C)“(C)

The term ‘heavy duty vehicle’ means a truck, bus, or other vehicle manufactured primarily for use on the public streets, roads, and highways (not including any vehicle operated exclusively on a rail or rails) which has a gross vehicle weight (as determined under regulations promulgated by the Administrator) in excess of six thousand pounds. Such term includes any such vehicle which has special features enabling off-street or off-highway operation and use.”.

#

Section 312 of such Act is amended by inserting “and studies

Use of cost effectiveness, study.

42 USC 7612.

of cost-effectiveness analyses” at the end of the heading thereof and by adding the following new subsection at the end thereof:

“(c)“(c)

Not later than January 1, 1979, the Administrator shall study the possibility of increased use of cost-effectiveness analyses in devising strategies for the control of air pollution and shall report its recommendations to the Congress, including any recommendations

Report to Congress.

Contents.

for revisions in any provision of this Act. Such study shall also include an analysis and report to Congress concerning whether or not existing air pollution control strategies are adequate to achieve the purposes of this Act.”

#

Part A of title II of such Act is amended by redesignating section 214 as section 216 and by inserting after section 213 the following

42 USC 7550.

new section:

“Sec. 214. “study of particulate emissions from motor vehicles

(a)(a)

(1)(1)

The Administrator shall conduct a study concerning

42 USC 7548.

the effects on health and welfare of particulate emissions from motor vehicles or motor vehicle engines to which section 202 applies.

Ante, pp. 702, 751–753, 758–761, 765; Supra; Post, pp. 769, 791.

Such study shall characterize and quantify such emissions and analyze the relationship of such emissions to various fuels and fuel additives.

#

“(2)“(2)

The study shall also include an analysis of particulate emissions from mobile sources which are not related to engine emissions (including, but not limited to tire debris, and asbestos from brake lining).

#

#

“(b)“(b)

The Administrator shall report to the Congress the findings and results of the study conducted under subsection (a) not later than two years after the date of the enactment of the Clean Air Act Amendments of 1977. Such report shall also include recommendations for standards or methods to regulate particulate emissions described in paragraph (2) of subsection (a).”.

#

#

Section 206 of such Act (relating to compliance testing and certification) is amended by adding the following new subsection at the end thereof:

“(g)“(g)

(1)(1)

In the case class or category of heavy-duty vehicles or engines to which a standard promulgated under section 202(a) of

Ante, pp. 759, 760, 765; Post, p. 791.

this Act applies, except as provided in paragraph (2), a certificate of conformity shall be issued under subsection (a) and shall not be suspended or revoked under subsection (b) for such vehicles or engines manufactured by a manufacturer notwithstanding the failure of such vehicles or engines to meet such standard if such manufacturer pays a nonconformance penalty as provided under regulations promulgated by the Administrator after notice and opportunity for public hearing.

Motorcycles.

In the case of motorcycles to which such a standard applies, such a certificate may be issued notwithstanding such failure if the manufacturer pays such a penalty.

#

“(2)“(2)

No certificate of conformity may be issued under paragraph (1) with respect to any class or category of vehicle or engine if the degree by which the manufacturer fails to meet any standard promulgated under section 202(a) with respect to such class or category exceeds the percentage determined under regulations promulgated by

Vehicles or engines, testing.

the Administrator to be practicable. Such regulations shall require such testing of vehicles or engines being produced as may be necessary to determine the percentage of the classes or categories of vehicles or engines which are not in compliance with the regulations with respect to which a certificate of conformity was issued and shall be promulgated not later than one year after the date of enactment of the Clean Air Act Amendments of 1977.

#

“(3)“(3)

The regulations promulgated under paragraph (1) shall, not later than one year after the date of enactment of the Clean Air Act Amendments of 1977, provide for nonconformance penalties in amounts determined under a formula established by the Administrator.

Penalties.

Such penalties under such formula—

“(A)“(A)

may vary from pollutant-to-pollutant:

#

“(B)“(B)

may vary by class or category or vehicle or engine;

#

“(C)“(C)

shall take into account the extent to which actual emissions of any air pollutant exceed allowable emissions under the

Ante, pp. 702. 751–753, 758–761, 765, 767; Post, pp. 769, 791.

standards promulgated under section 202;

#

“(D)“(D)

be increased periodically in order to create incentives for the development of production vehicles or engines which achieve the required degree of emission reduction; and

#

“(E)“(E)

shall remove any competitive disadvantage to manufacturers whose engines or vehicles achieve the required degree of emission reduction (including any such disadvantage arising from the application of paragraph (4)).

#

#

“(4)“(4)

In any case in which a certificate of conformity has been issued

Ante, p. 756.

under this subsection, any warranty required under section 207(b)(2) and any action under section 207(c) shall be required to be effective

Ante, p. 755.

only for the emission levels which the Administrator determines that such certificate was issued and not for the emission levels required under the applicable standard.

#

“(5)“(5)

The authorities of section 208(a) shall apply, subject to

42 USC 7542.

the conditions of section 208(b), for purposes of this subsection.”.

#

#

Section 202(d) of such Act is amended by striking out “and”

42 USC 7521.

at the end of paragraph (1) thereof; by inserting “(other than motorcycles or motorcycle engines)” after “engines” in paragraph (2) thereof; by striking out the period at the end of paragraph (2) and inserting in lieu thereof “; and”; and by adding a new paragraph (3) to read as follows:

“(3)“(3)

in the case of any motorcycle or motorcycle engine, be a period of use the Administrator shall determine.”.

#

The Administrator, in conjunction with the Secretary

Study.

42 USC 7521 note.

of Transportation, shall study the problem of carbon monoxide intrusion into the passenger area of sustained-use motor vehicles. Such study shall include an analysis of the sources and levels of carbon monoxide in the passenger area of such vehicles and a determination of the effects of carbon monoxide upon the passengers. The study shall also review available methods of monitoring and testing for the presence of carbon monoxide and shall analyze the cost and effectiveness of alternative methods of monitoring and testing. The study shall analyze the cost and effectiveness of alternative strategies for attaining and maintaining acceptable levels of carbon monoxide in the passenger area of such vehicles. Within one year the Administrator

Report to Congress.

“Sustained-use motor vehicle.”

shall report to the Congress respecting the results of such study.

For the purpose of this section, the term “sustained-use motor vehicle” means any diesel or gasoline fueled motor vehicle (whether light or heavy duty) which, as determined by the Administrator (in conjunction with the Secretary), is normally used and occupied for a sustained, continuous, or extensive period of time, including buses, taxicabs, and police vehicles.

Section 302 of the Clean Air Act is amended by

42 USC 7602.

adding the following new subsections at the end thereof:

“(i)“(i)

The term ‘Federal land manager’ means, with respect to any lands in the United States, the Secretary of the department with authority over such lands.

#

“(j)“(j)

Except as otherwise expressly provided, the terms ‘major-stationary source’ and ‘major emitting facility’ mean any stationary facility or source of air pollutants which directly emits, or has the potential to emit, one hundred tons per year or more of any air pollutant (including any major emitting facility or source of fugitive emissions of any such pollutant, as determined by rule by the Administrator).

#

“(k)“(k)

The terms ‘emission limitation’ and ‘emission standard’ mean a requirement established by the State or the Administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction.

#

“(l)“(l)

The term ‘standard of performance’ means a requirement of continuous emission reduction, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction.

#

“(m)“(m)

The term ‘means of emission limitation’ means a system of continuous emission reduction (including the use of specific technology or fuels with specified pollution characteristics).

#

“(n)“(n)

The term ‘primary standard attainment date’ means the date specified in the applicable implementation plan for the attainment of a national primary ambient air quality standard for any air pollutant.

#

“(o)“(o)

The term ‘delayed compliance order’ means an order issued by the State or by the Administrator to an existing stationary source, postponing the date required under an applicable implementation plan for compliance by such source with any requirement of such plan.

#

“(p)“(p)

The term ‘schedule and timetable of compliance’ means a schedule of required measures including an enforceable sequence of actions or operations leading to compliance with an emission limitation, other limitation, prohibition, or standard.”.

#

Section 302(e) of such Act is amended to read as follows:

“(e)“(e)

The term ‘person’ includes an individual corporation, partnership. association, State, municipality, political subdivision of a State, and any agency, department, or instrumentality of the United States and any officer, agent, or employee thereof.”.

#

Section 302(g) of such Act is amended to read as follows:

“(g)“(g)

The term ‘air pollutant’ means any air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air.”.

#

Section 303 of the Clean Air Act is amended by inserting “(a)” after “303” and by adding the following at the end thereof:

“If it is not practicable to assure prompt protection of the health of persons solely by commencement of such a civil action, the Administrator may issue such orders as may be necessary to protect the health of persons who are, or may be, affected by such pollution

Consultation.

source (or sources). Prior to taking any action under this section, the Administrator shall consult with the State and local authorities in order to confirm the correctness of the information on which the action proposed to be taken is based and to ascertain the action which such authorities are, or will be, taking. Such order shall be effective for a period of not more than twenty-four hours unless the Administrator brings an action under the first sentence of this subsection before the expiration of such period. Whenever the Administrator brings such an action within such period, such order shall be effective for a period of forty-eight hours or such longer period as may be authorized by the court pending litigation or thereafter.

#

“(b)“(b)

Any person who willfully violates, or fails or refuses to comply

Noncompliance, penalty.

with, any order issued by the Administrator under subsection (a) may, in an action brought in the appropriate United States district court to enforce such order, be fined not more than $5,000 for each day during which such violation occurs or failure to comply continues.”.

#

Section 313 of the Clean Air Act is amended by striking out

42 USC 7613.

“and” at the end of clause (9) and adding before the period after clause (10): “; and (11)(A) the status of plan provisions developed by States as required under section 110(a)(2)(F)(v), and an accounting

42 USC 7410.

of States failing to develop suitable plans; (B) the number of annual incidents of air pollution reaching or exceeding levels determined to present an imminent and substantial endangerment to health (within the meaning of section 303) by location, date, pollution source,

Ante, p. 770.

and the duration or the emergency; (C) measures taken pursuant to section 110(a)(2)(F)(v), and an evaluation of their effectiveness in reducing pollution; and (D) an accounting of those instances in which an air pollution alert, warning, or emergency is declared as required under regulations of the Administrator and in which no action is taken by either the Administrator, State, or local officials, together with an explanation for the failure to take action”.

Section 304(a) of the Clean Air Act is amended—

42 USC 7604.

Section 304(f) of such Act is amended by striking out “or” at the end of paragraph (1), striking out the period at the end of paragraph (2) and substituting “, or”, and by adding the following new paragraph at the end thereof:

“(3)“(3)

any condition or requirement of a permit under part C of title I (relating to significant deterioration of air quality) or part D of title I (relating to nonattainment), any condition or requirement of section 113(d) (relating to certain enforcement orders),

Ante, p. 705.

Ante, pp. 709, 712.

section 119 (relating to primary nonferrous smelter orders), requirements under an applicable implementation plan relating to transportation control measures, air quality maintenance plans, vehicle inspection and maintenance programs or vapor recovery requirements, section 211 (e) and (f) (relating to fuels and fuel

Ante, p. 762.

Ante, p. 742.

Ante, p. 726.

Ante, pp. 697. 699–701, 703;

Post, p. 791.

Ante, p. 701, 703; Post, p. 796.

42 USC 7604.

additives), or section 169 A (relating to visibility protection), any condition or requirement under part B of title I (relating to ozone protection) any requirement under section 111 or 112 (without regard to whether such requirement is expressed as an emission standard or otherwise).”.

#

Section 304(e) of such Act is amended by inserting at the end thereof the following:

“Nothing in this section or in any other law of the United States shall be construed to prohibit, exclude, or restrict any State, local, or interstate authority from—

“(1)“(1)

bringing any enforcement action or obtaining any judicial remedy or sanction in any State or local court, or

#

“(2)“(2)

bringing any administrative enforcement action or obtaining any administrative remedy or sanction in any State or local administrative agency, department or instrumentality,

#

against the United States, any department, agency, or instrumentality thereof, or any officer, agent, or employee thereof under State or local law respecting control and abatement of air pollution. For provisions requiring compliance by the United States, departments, agencies, instrumentalities, officers, agents, and employees in the same manner as

Ante, p. 711.

Infra.

nongovernmental entities, see section 118.”.

#

Section 307 of such Act, as amended by section 305 of this Act, is amended by adding the following at the end thereof:

“(e)“(e)

Nothing in this Act shall be construed to authorize judicial review of regulations or orders of the Administrator under this Act, except as provided in this section.”.

#

Section 305 of the Clean Air Act is amended to read as follows:

“Sec. 305. “representation in litigation

(a)(a)

The Administrator shall request the Attorney General to appear and represent him in any civil action instituted under this Act to which the Administrator is a party. Unless the Attorney General notifies the Administrator that he will appear in such action, within a reasonable time, attorneys appointed by the Administrator shall appear and represent him.

#

“(b)“(b)

In the event the Attorney General agrees to appear and represent the Administrator in any such action, such representation shall be conducted in accordance with, and shall include participation by, attorneys appointed by the Administrator to the extent authorized by, the memorandum of understanding between the Department of Justice and the Environmental Protection Agency, dated June 13, 1977, respecting representation of the agency by the department in civil litigation.”.

#

#

Section 307 of the Clean Air Act is amended by adding the following new subsection at the end thereof:

“(d)“(d)

(1)(1)

This subsection applies to—

“(A)“(A)

the promulgation or revision of any national ambient

Ante, p. 691.

air quality standard under section 109,

#

“(B)“(B)

the promulgation or revision of an implementation plan

Ante, p. 694.

by the Administrator under section 110(c),

#

“(C)“(C)

the promulgation or revision of any standard of performance under section 111 or emission standard under section 112,

Ante, pp. 697, 699–701, 703; Post, p. 791.

Ante, pp. 701, 703; Post, p. 796.

Ante, pp. 762, 764; Post, p. 791.

Ante, p. 769;

Post, p. 791.

Ante, p. 705.

Ante, pp. 709, 712.

#

“(D)“(D)

the promulgation or revision of any regulation pertaining to any fuel or fuel additive under section 211,

#

“(E)“(E)

the promulgation or revision of any aircraft emission standard under section 231,

#

“(F)“(F)

promulgation or revision of regulations pertaining to orders for coal conversion under section 113(d)(5) (but not including orders granting or denying any such orders),

#

“(G)“(G)

promulgation or revision of regulations pertaining to primary nonferrous smelter orders under section 119 (but not including the granting or denying of any such order),

#

“(H)“(H)

promulgation or revision of regulations under subtitle B of title I (relating to stratosphere and ozone protection),

Ante, p. 726.

#

“(I)“(I)

promulgation or revision of regulations under subtitle C of title I (relating to prevention of significant deterioration

Ante, p. 731.

of air quality and protection of visibility),

#

“(J)“(J)

promulgation or revision of regulations under section 202

Ante, p. 702.

and test procedures for new motor vehicles or engines under section 206, and the revision of a standard under section 202

Ante, p. 762.

Ante, p. 765.

(a)(3),

#

“(K)“(K)

promulgation or revision of regulations for noncompliance penalties under section 120,

Ante, p. 714.

#

“(L)“(L)

promulgation or revision of any regulations promulgated under section 207 (relating to warranties and compliance by

Ante, pp. 754–758.

vehicles in actual use),

#

“(M)“(M)

action of the Administrator under section 126 (relating

Ante, p. 724.

to interstate pollution abatement), and

#

“(N)“(N)

such other actions as the Administrator may determine.

#

The provisions of section 553 through 557 and section 706 of title 5 of the United States Code shall not. except as expressly provided in this subsection, apply to actions to which this subsection applies. This subsection shall not apply in the case of any rule or circumstance referred to in subparagraphs (A) or (B) of subsection 553(b) of title 5 of the United States Code.

#

“(2)“(2)

Not later than the date of proposal of any action to which this

Rulemaking docket, establishment.

subsection applies, the Administrator shall establish a rulemaking docket for such action (hereinafter in this subsection referred to as a ‘rule’). Whenever a rule applies only within a particular State, a second (identical) docket shall be simultaneously established in the appropriate regional office of the Environmental Protection Agency.

#

“(3)“(3)

Tn the case of any rule to which this subsection applies, notice

Publication in Federal Register.

of proposed rulemaking shall be published in the Federal Register, as provided under section 553(b) of title 5, United States Code, shall be accompanied by a statement of its basis and purpose and shall specify the period available for public comment (hereinafter referred to as the ‘comment period’). The notice of proposed rulemaking shall also state the docket number, the location or locations of the docket, and the times it will be open to public inspection. The statement of

Purpose statement, contents.

basis and purpose shall include a summary of—

“(A)“(A)

the factual data on which the proposed rule is based;

#

“(B)“(B)

the methodology used in obtaining the data and in analyzing the data: and

#

“(C)“(C)

the major legal interpretations and policy considerations underlying the proposed rule.

#

The statement shall also set forth or summarize and provide a refer-ence to any pertinent findings, recommendations, and comments by

Ante, p. 691.

the Scientific Review Committee established under section 109(d) and the National Academy of Sciences, and, if the proposal differs in any important respect from any of these recommendations, an explanation of the reasons for such differences. All data, information, and documents referred to in this paragraph on which the proposed rule relies shall be included in the docket on the date of publication of the proposed rule.

#

“(4)“(4)

(A)(A)

The rulemaking docket required under paragraph (2) shall be open for inspection by the public at reasonable times specified in the notice of proposed rulemaking. Any person may copy documents contained in the docket. The Administrator shall provide copying facilities which may be used at the expense of the person seeking copies, but the Administrator may waive or reduce such expenses in such instances as the public interest requires. Any person may request copies by mail if the person pays the expenses, including personnel costs to do the copying.

#

“(B)“(B)

(i)(i)

Promptly upon receipt by the agency, all written comments and documentary information on the proposed rule received from any person for inclusion in the docket during the comment

Hearing, transcript.

period shall be placed in the docket. The transcript of public hearings, if any, on the proposed rule shall also be included in the docket promptly upon receipt from the person who transcribed such hearings. All documents which become available after the proposed rule has been published and which the Administrator determines are of central relevance to the rulemaking shall be placed in the docket as soon as possible after their availability.

#

“(ii)“(ii)

The drafts of proposed rules submitted by the Administrator to the Office of Management and Budget for any interagency review process prior to proposal of any such rule, all documents accompanying such drafts, and all written comments thereon by other agencies and all written responses to such written comments by the Administrator shall be placed in the docket no later than the date of proposal of the rule. The drafts of the final rule submitted for such review process prior to promulgation and all such written comments thereon, all documents accompanying such drafts, and written responses thereto shall be placed in the docket no later than the date of promulgation.

#

#

#

“(5)“(5)

In promulgating a rule to which this subsection applies (i) the Administrator shall allow any person to submit written comments, data, or documentary information; (ii) the Administrator shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written

Transcript.

submissions; (iii) a transcript shall be kept of any oral presentation; and (iv) the Administrator shall keep the record of such proceeding open for thirty days after completion of the proceeding to provide an opportunity for submission of rebuttal and supplementary information.

#

“(6)“(6)

(A)(A)

The promulgated rule shall be accompanied by (i) a statement of basis and purpose like that referred to in paragraph (3) with respect to a proposed rule and (ii) an explanation of the reasons for any major changes in the promulgated rule from the proposed rule.

#

“(B)“(B)

The promulgated rule shall also be accompanied by a response to each of the significant comments, criticisms, and new data submitted in written or oral presentations during the comment period.

#

“(C)“(C)

The promulgated rule may not be based (in part or whole) on any information or data which has not been placed in the docket as of the date of such promulgation.

#

#

“(7)“(7)

(A)(A)

The record for judicial review shall consist exclusively

Record.

of the material referred to in paragraph (3), clause (i) of paragraph (4)(B), and subparagraphs (A) and (B) of paragraph (6).

#

“(B)“(B)

Only an objection to a rule or procedure which was raised

Reconsideration proceeding.

with reasonable specificity during the period for public comment (including any public hearing) may be raised during judicial review. If the person raising an objection can demonstrate to the Administrator that it was impracticable to raise such objection within such time or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule, the Administrator shall convene a proceeding for reconsideration of the rule and provide the same procedural rights as would have been afforded had the information been available at the time the rule was posed. If the Administrator refuses to convene such a proceeding,

Review.

person may seek review of such refusal in the United States court of appeals for the appropriate circuit (as provided in subsection (b)). Such reconsideration shall not postpone the effectiveness of the rule. The effectiveness of the rule may be stayed during such reconsideration,

Stay.

however, by the Administrator or the court for a period not to exceed three months.

#

#

“(8)“(8)

The sole forum for challenging procedural determinations made by the Administrator under this subsection shall be in the United States court of appeals for the appropriate circuit (as provided in subsection (b)) at the time of the substantive review of the rule. No interlocutory

Interlocutory appeals, prohibition.

appeals shall be permitted with respect to such procedural determinations. Tn reviewing alleged procedural errors, the court may invalidate the rule only if the errors were so serious and related to matters of such central relevance to the rule that there is a substantial likelihood that the rule would have been significantly changed if such errors had not been made.

#

“(9)“(9)

In the case of review of any action of the Administrator to which this subsection applies, the court may reverse any such action found to be—

“(A)“(A)

arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

#

“(B)“(B)

contrary to constitutional right, power, privilege, or immunity;

#

“(C)“(C)

in excess of statutory jurisdiction, authority, or limitations. or short of statutory right; or

#

“(D)“(D)

without observance of procedure required by law. if (1) such failure to observe such procedure is arbitrary or capricious, (ii) the requirement of paragraph (7)(B) has been met. and (iii) the condition of the last sentence of paragraph (8) is met.

#

#

“(10)“(10)

Each statutory deadline for promulgation of rules to which

Extension.

this subsection applies which requires promulgation less than six months after date of proposal may be extended to not more than six months after date of proposal by the Administrator upon a determination that such extension is necessary to afford the public, and the agency, adequate opportunity to carry out the purposes of this subsection.

#

“(11)“(11)

The requirements of this subsection shall take effect with respect to any rule the proposal of which occurs after ninety days after the date of enactment of the Clean Air Act Amendments of 1977.”.

#

#

Section 105 of such Act is amended by adding the following new subsection at the end thereof:

“(e)“(e)

No application by a State for a grant under this section may be disapproved by the Administrator without prior notice and opportunity for a public hearing in the affected State, and no commitment or obligation of any funds under any such grant may be revoked or reduced without prior notice and opportunity for a public hearing in the affected State (or in one of the affected States if more than one State is affected).”.

#

Section 301 of such Act is amended by inserting “(1)” after “(a)” and by inserting a new paragraph (2) to read:

“(2)“(2)

Not later than one year after the date of enactment of this paragraph, the Administrator shall promulgate regulations establishing general applicable procedures and policies for regional officers and employees (including the Regional Administrator) to follow in carrying out a delegation under paragraph (1), if any. Such regulations shall be designed—

“(A)“(A)

to assure fairness and uniformity in the criteria, procedures, and policies applied by the various regions in implementing and enforcing the Act;

#

“(B)“(B)

to assure at least an adequate quality audit of each State’s performance and adherence to the requirements of this Act in implementing and enforcing the Act, particularly in the review of new sources and in enforcement of the Act; and

#

“(C)“(C)

to provide a mechanism for identifying and standardizing inconsistent or varying criteria, procedures, and policies being employed by such officers and employees in implementing and enforcing the Act.”.

#

#

Section 307 of such Act, as amended by section 303(d) of this

Court costs.

Ante, p. 772.

Act, is amended by adding the following new subsection at the end thereof:

“(f)“(f)

In any judicial proceeding under this section, the court may award costs of litigation (including reasonable attorney and expert witness fees) whenever it determines that such award is appropriate.”.

#

Section 307 of such Act is amended by adding the following

Relief.

new subsection at the end thereof:

“(g)“(g)

In any action respecting the promulgation of regulations under section 120 or the administration or enforcement of section 120 no

Ante, p. 714.

court shall grant any stay, injunctive, or similar relief before final judgment by such court in such action.”.

#

Section 307(b) of such Act is amended by inserting “any order

Ante, p. 776.

under section 120,” after “111 (d)”.

Title III of the Clean Air Act is amended by adding the following new section at the end thereof:

“Sec. 324. “cost of emission control for certain vapor recovery to be borne by owner of retail outlet

(a)(a)

The regulations under this Act applicable to vapor recovery with respect to mobile source fuels at retail outlets of such fuels shall provide that the cost of procurement and installation of such vapor recovery shall be borne by the owner of such outlet (as determined under such regulations). Except as provided in subsection (b), such regulations shall provide that no lease of a retail outlet by the owner thereof which is entered into or renewed after the date of enactment of the Clean Air Act Amendments of 1977 may provide for a payment by the lessee of the cost of procurement and installation of vapor recovery equipment. Such regulations shall also provide that the cost of procurement and installation of vapor recovery equipment may be recovered by the owner of such outlet by means of price increases in the cost of any product sold by such owner, notwithstanding any provision of law.

#

“(b)“(b)

The regulations of the Administrator referred to in subsection

Payment.

(a) shall permit a lease of a retail outlet to provide for payment by the lessee of the cost of procurement and installation of vapor recovery equipment over a reasonable period (as determined in accordance with such regulations), if the owner of such outlet does not sell, trade in, or otherwise dispense any product at wholesale or retail at such outlet.”.

#

#

Title III of such Act is amended by adding the following new section at the end thereof:

“Sec. 325. “vapor recovery for small business marketers of petroleum products

(a)(a)

The regulations under this Act applicable to vapor

42 USC 7625.

recovery from fueling of motor vehicles at retail outlets of gasoline shall not apply to any outlet owned by an independent small business marketer of gasoline having monthly sales of less than 50,000 gallons. In the case of any other outlet owned by an independent small business marketer, such regulations shall provide, with respect to independent small business marketers of gasoline, for a three-year phase-in period for the installation of such vapor recovery equipment at such outlets under which such marketers shall have—

“(1)“(1)

33 percent of such outlets in compliance at the end of the first year during which such regulations apply to such marketers,

#

“(2)“(2)

66 percent at the end of such second year, and

#

“(3)“(3)

100 percent at the end of the third year.

#

#

“(b)“(b)

Nothing in subsection (a) shall lie construed to prohibit any State from adopting or enforcing, with respect to independent small business marketers of gasoline having monthly sales of less than 50,000 gallons, any vapor recovery requirements for mobile source fuels at retail outlets. Any vapor recovery requirement which is adopted by a State and submitted to the Administrator as part of its implementation plan may be approved and enforced by the Administrator as part of the applicable implementation plan for that State.

#

“(c)“(c)

For purposes of this section, an independent small business

Small business marketer.

marketer of gasoline is a person engaged in the marketing of gasoline who would be required to pay for procurement and installation of vapor recovery equipment under section 324 of this Act or under regulations

Ante, p. 788.

of the Administrator, unless such person—

“(1)“(1)

(A)(A)

is a refiner, or

#

“(B)“(B)

controls, is controlled by, or is under common control with, a refiner,

#

“(C)“(C)

is otherwise directly or indirectly affiliated (as determined under the regulations of the Administrator) with a refiner or with a person who controls, is controlled by, or is under a common control with a refiner (unless the sole affiliation referred to herein is by means of a supply contract or an agreement or contract to use a trademark, trade name, service mark, or other identifying symbol or name owned by such refiner or any such person), or

#

#

“(2)“(2)

receives less than 50 percent of his annual income from refining or marketing of gasoline.

#

Definitions.

For the purpose of this section, the term ‘refiner’ shall not include any refiner whose total refinery capacity (including the refinery capacity of any person who controls, is controlled by, or is under common control with, such refiner) does not exceed 65,000 barrels per day. For purposes of this section, ‘control’ of a corporation means ownership of more than 50 percent of its stock.”.

#

#

Section 108(a)(1)(A) of the Clean Air Act is amended to read as follows:

“(A)“(A)

emissions of which, in his judgment, cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare;”.

#

The second sentence of section 111(b)(1)(A) of such Act is

42 USC 7411.

amended to read as follows: “He shall include a category of sources in such list if in his judgment it causes, or contributes significantly to, air pollution which may reasonably be anticipated to endanger public health or welfare.”.

Paragraph (1) of section 112(a) of such Act is amended to

“Hazardous air pollutant.”

42 USC 7412.

read as follows:

“(1)“(1)

The term ‘hazardous air pollutant’ means an air pollutant to which no ambient air quality standard is applicable and which in the judgment of the Administrator causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.”.

#

Section 211(c)(1)(A) of such Act is amended to read as

42 USC 7545.

follows: “(A) if in the judgment of the Administrator any emission product of such fuel or fuel additive causes, or contributes, to air pollution which may reasonably be anticipated to endanger the public health or welfare, or”.

Section 231(a)(2) of such Act is amended to read as follows:

42 USC 7571.

“(2)“(2)

The Administrator shall, from time to time, issue proposed emission standards applicable to the emission of any air pollutant from any class or classes of aircraft engines which in his judgment causes, or contributes to. air pollution which may reasonably be anticipated to endanger public health or welfare.”.

#

Not later than three months after the date of enactment

Task Force on Environmental Cancer and Heart and Lung Disease.

Establishment.

42 USC 4362.

Members.

of this section, there shall be established a Task Force on Environmental Cancer and Heart and Lung Disease (hereinafter referred to as the ‘Task Force’). The Task Force shall include representatives of the Environmental Protection Agency, the National Cancer Institute, the National Heart. Lung, and Blood Institute, the National Institute of Occupational Safety and Health, and the National Institute on Environmental Health Sciences, and shall be chaired by the Administrator (or his delegate).

The Task Force shall—

Not later than eighteen months after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency, in cooperation with the National Academy of Sciences, shall study and report to Congress on (1) the relationship between the size, weight, and chemical composition of suspended particulate matter and the nature and degree of the endangerment to public health or welfare presented by such particulate matter (especially with respect to fine particulate matter) and (2) the availability of technology for controlling such particulate matter.

The Administrator of the Environmental Protection Agency shall conduct a study and report to the Congress not later than January 1, 1979, on the effects on public health and welfare of odors or odorous emissions, the sources of such emissions, the technology or other measures available for control of such emissions and the costs of such technology or measures, and the costs and benefits of alternative

Evaluation.

measures or strategies to abate such emissions. Such report shall include an evaluation of whether air quality criteria or national ambient air quality standards should be published under the Clean Air

42 USC 7401 note.

Chemical contaminants list, publication.

42 USC 7401 note.

Act for odors, and what other strategies or authorities under the Clean Air Act are available or appropriate for abating such emissions.

The Administrator of the Environmental Protection Agency shall conduct a study of air quality in various areas throughout the country including the gulf coast region. Such study shall include analysis of liquid and solid aerosols and other fine particulate matter and the contribution of such substances to visibility and public health problems in such areas. For the purposes of this study, the Administrator shall use environmental health experts from the National Institutes of Health and other outside agencies and organizations.

The Administrator of the Environmental Protection Agency shall undertake to enter into appropriate arrangements with the National Academy of Sciences to conduct continuing comprehensive studies and investigations of the effects on public health and welfare of emissions subject to section 202(a) of the Clean Air Act

Ante, pp. 759, 760, 765, 791.

(including sulfur compounds) and the technological feasibility of meeting emission standards required to be prescribed by the Administrator by section 202(b) of such Act. The Administrator shall report

Report to Congress.

to the Congress within six months of the date of enactment of this section and each year thereafter regarding the status of the contractual arrangements and conditions necessary to implement this paragraph.

The Administrator of the Environmental Protection Agency

Report to Congress.

42 USC 7521 note.

shall conduct a study and report to Congress by the date one year after the date of the enactment of this section, on the emission of sulfur-bearing compounds from motor vehicles and motor vehicle engines and aircraft, engines. Such study and report shall include but not be limited to a review of the effects of such emissions on public health and welfare and an analysis of the costs and benefits of alternatives to reduce, or eliminate such emissions (including desulfurization of fuel, short-term allocation of low sulfur crude oil, technological devices used in conjunction with current engine technologies, alternative engine technologies, and other methods) as may be required to achieve any proposed or promulgated emission standards for sulfur compounds.

The Administrator of the Environmental Protection

42 USC 7401 note.

Agency shall conduct a study and investigation of emissions of air pollutants from railroad locomotives, locomotive engines, and secondary power sources on railroad rolling stock, in order to determine—

Within one hundred and eighty days after commencing such study and investigation, the Administrator shall submit a report of such study and investigation, together with recommendations for appropriate legislation, to the Senate Committee on Environment and Public Works and the House Committee on Interstate and Foreign Commerce.

The Administrator, in conjunction with the Council of Economic Advisors (hereinafter in this section referred to as ‘the Council’), shall undertake a study and assessment of economic measures for the control of air pollution which could—

The study of measures referred to in paragraph (1) of subsection (a) shall concentrate on (1) identification of air pollution problems for which existing methods of control are not effective because of economic incentives to delay compliance and (2) formulation of economic measures which could be taken with respect to each such air pollution problem which would provide an incentive to comply without interfering with such existing methods of control.

The study of measures referred to in paragraph (2) of subsection (a) shall concentrate on (1) identification of air pollution problems for which existing methods of control may not be sufficiently extensive to achieve all desired environmental goals and (2) formulation of economic measures for each such air pollution problem which would provide additional incentives to reduce air pollution without—

The study of the measures referred to in paragraph (3) of subsection (a) shall concentrate on (1) identification of air pollution problems for which no existing methods of control exist, (2) formulation of economic measures to reduce such pollution, and (3) comparison of the environmental and economic impacts of the economic measures with those of any alternative regulatory methods which can be identified.

In conducting the study under this section, a preliminary screening should be made of the problems referred to in subsections (b)(1), (c)(1), and (d)(1) and economic measures should be formulated under subsections (b)(2), (c)(2), and (d)(2) in the most promising cases, giving special attention to structural and administra-tive problems. In formulating any such measure which provides for a charge, the appropriate level of the charge should be determined, if possible, and the environmental and economic impacts should be identified.

Within one year after the date of enactment of this Act, the

Report to Congress.

Administrator shall complete a study and report to the Congress on the advantages and disadvantages (including an analysis of the feasibility) of establishing a system of penalties for stationary sources on emissions of oxides of nitrogen and make recommendation regarding the establishment of such a system. Such study shall determine if such a system will effectively encourage the development of more effective systems and technologies for control of emissions of oxides of nitrogen for new major emitting facilities, or existing major emitting facilities, or both. In any case in which a proposed penalty system is recommended by the Administrator, the report should include—

Not later than two years after the date of the enactment of this

Report to President and Congress.

Interim reports to President and Congress.

section, the Administrator and the Council shall conclude the study and assessment under this section and submit a report containing the results thereof to the President and to the Congress. Interim reports on specific pollution problems and solutions recommended shall be made available to the President and the Congress by the Administrator whenever available.