S.1630-
 
S.1630 Agreed to  One Hundred First Congress  of the United  States of
America 
                        AT THE SECOND SESSION 
Begun and held at the City of Washington on  Tuesday, the twenty-third
day of January, one thousand nine hundred and ninety 

                                An Act 
 
TITLE-To  amend  the  Clean Air  Act  to  provide  for attainment  and
maintenance  of  health  protective   national  ambient  air   quality
standards, and for other purposes. 
 
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, 
 
TITLE I-PROVISIONS FOR ATTAINMENT  AND MAINTENANCE OF NATIONAL AMBIENT
AIR QUALITY                   STANDARDS 
 
Sec. 101.   General planning requirements. 
Sec. 102.   General provisions for nonattainment areas.  
Sec. 103.   Additional provisions for ozone nonattainment areas. 
Sec. 104.   Additional  provisions  for carbon  monoxide nonattainment
areas. 
Sec. 105.   Additional  provisions  for  particulate  matter   (PM-10)
nonattainment            areas.  
Sec. 106.   Additional  provisions for  areas designated nonattainment
for sulfur             oxides, nitrogen dioxide, and lead. 
Sec. 107.   Provisions related to Indian tribes. 
Sec. 108.   Miscellaneous provisions. 
Sec. 109.   Interstate pollution. 
Sec. 110.   Conforming amendments. 
Sec. 111.   Transportation system impacts on clean air. 
SEC. 101. GENERAL PLANNING REQUIREMENTS. 
 
    (a) Area Designations.-Section  107(d) of  the Clean  Air Act  (42
U.S.C. 7407(d)) is amended to read as follows: 
    "(d) Designations.- 
       "(1) Designations generally.- 
            "(A)  Submission  by  governors  of  initial  designations
          following promulgation of new or revised  standards.-By such
          date as  the Administrator  may reasonably  require, but not
          later than  1 year  after promulgation of a  new or  revised
          national ambient  air  quality standard  for  any  pollutant
          under section 109, the Governor of each State shall (and  at
          any other time the Governor of a State deems appropriate the
          Governor  may) submit  to the  Administrator  a list  of all
          areas (or portions thereof) in the State, designating as- 
               "(i)  nonattainment, any  area that  does not  meet (or
            that contributes to ambient air  quality in a nearby  area
            that  does not  meet) the  national  primary or  secondary
            ambient air quality standard for the pollutant, 
               "(ii)  attainment,  any  area   (other  than  an   area
identified in clause           (i) that meets the national  primary or
                               secondary ambient  air quality standard
                               for the pollutant, or 
               "(iii)   unclassifiable,  any   area  that   cannot  be
            classified  on  the  basis  of  available  information  as
            meeting or not  meeting the national primary  or secondary
            ambient air quality standard for the pollutant. 
          The Administrator may not require the Governor to submit the
          required list sooner than 120 days after  promulgating a new
          or revised national ambient air quality standard. 
            "(B)  Promulgation  by  EPA   of  designations.-(i)   Upon
       promulgation or   revision of  a national  ambient air  quality
                         standard, the Administrator shall  promulgate
                         the designations  of all  areas (or  portions
                         thereof)  submitted under subparagraph (A) as
                         expeditiously as  practicable, but in no case
                         later  than   2  years  from   the  date   of
                         promulgation of  the new or revised  national
                         ambient  air  quality standard.  Such  period
                         may be  extended for up  to one  year in  the
                         event  the  Administrator  has   insufficient
                         information to promulgate the designations. 
               "(ii) In making the promulgations required under clause
       (i), the   Administrator  may make  such  modifications  as the
                  Administrator deems necessary to the designations of
                  the  areas  (or  portions thereof)  submitted  under
                  subparagraph  (A) (including  to  the  boundaries of
                  such  areas  or  portions  thereof).   Whenever  the
                  Administrator  intends to  make a  modification, the
                  Administrator  shall notify  the  State  and provide
                  such State  with an  opportunity to  demonstrate why
                  any  proposed  modification  is  inappropriate.  The
                  Administrator shall give  such notification no later
                  than 120  days  before  the date  the  Administrator
                  promulgates    the   designation,    including   any
                  modification  thereto.  If  the  Governor  fails  to
                  submit the  list in  whole or in  part, as  required
                  under subparagraph(A), theAdministrator shallpromul-
                   
          gate   the   designation   that  the   Administrator   deems
          appropriate for any area (or portion thereof) not designated
          by the State. 
            "(iii) If  the Governor  of any State,  on the  Governor's
own motion, under   subparagraph  (A),  submits a  list  of  areas (or
                    portions  thereof)  in  the  State  designated  as
                    nonattainment, attainment, or  unclassifiable, the
                    Administrator shall  act on  such designations  in
                    accordance  with  the  procedures under  paragraph
                    (3) (relating to redesignation). 
            "(iv) A designation for an area (or portion thereof)  made
       pursuant to  this subsection shall remain  in effect until  the
                    area   (or   portion   thereof)  is   redesignated
                    pursuant to paragraph (3) or (4). 
            "(C)  Designations  by  operation  of  law.-(i)  Any  area
       designated with   respect  to  any  air   pollutant  under  the
                         provisions of paragraph (1)  (A), (B), or (C)
                         of this  subsection (as in effect immediately
                         before the  date  of  the  enactment  of  the
                         Clean  Air   Act  Amendments   of  1990)   is
                         designated,  by   operation  of   law,  as  a
                         nonattainment  area for such pollutant within
                         the meaning of subparagraph (A)(i). 
            "(ii)  Any  area  designated  with  respect   to  any  air
       pollutant under the  provisions  of  paragraph  (1)(E)  (as  in
                            effect immediately before the  date of the
                            enactment of the Clean Air Act  Amendments
                            of  1990)  is designated  by  operation of
                            law,  as  an  attainment   area  for  such
                            pollutant    within   the    meaning    of
                            subparagraph (A)(ii). 
            "(iii)  Any  area  designated  with  respect  to  any  air
       pollutant under the  provisions  of  paragraph  (1)(D)  (as  in
                            effect immediately  before the date of the
                            enactment of the Clean  Air Act Amendments
                            of 1990)  is designated,  by operation  of
                            law, as  an unclassifiable  area for  such
                            pollutant    within   the    meaning    of
                            subparagraph (A)(iii). 
       "(2)  Publication of  designations and  redesignations.-(A) The
    Administrator  shall publish  a  notice  in the  Federal  Register
    promulgating  any  designation  under paragraph  (1)  or  (5),  or
    announcing any designation  under paragraph  (4), or  promulgating
    any redesignation under paragraph (3). 
       "(B)  Promulgation  or  announcement  of  a  designation  under
    paragraph (1), (4) or (5)  shall not be subject to  the provisions
    of sections 553 through  557 of title 5 of the United  States Code
    (relating to notice and  comment), except nothing herein  shall be
    construed as  precluding such public  notice and comment  whenever
    possible. 
       "(3)   Redesignation.-(A)  Subject   to  the   requirements  of
    subparagraph (E), and on the  basis of air quality  data, planning
    and  control  considerations,  or any  other  air  quality-related
    considerations   the   Administrator   deems   appropriate,    the
    Administrator  may at  any time notify  the Governor  of any State
    that available information  indicates that the designation  of any
    area or portion  of an area  within the  State or interstate  area
    should be revised.  In issuing such notification,  which shall  be
    public,  to the  Governor, the  Administrator  shall provide  such
    information  as  the Administrator  may have  available explaining
    the basis for the notice. 
       "(B) No  later than  120 days  after receiving  a  notification
    under  subparagraph  (A),   the  Governor  shall  submit   to  the
    Administrator such redesignation, if any, of  the appropriate area
    (or  areas)  or portion  thereof within  the  State  or interstate
    area, as the Governor considers appropriate. 
       "(C)  No  later  than 120  days  after  the  date described  in
    subparagraph  (B) (or  paragraph  (1)(B)(iii)),  the Administrator
    shall promulgate  the  redesignation,  if  any,  of  the  area  or
    portion  thereof, submitted  by the  Governor  in accordance  with
    subparagraph (B), making such  modifications as the  Administrator
    may  deem  necessary,  in  the  same  manner  and  under  the same
    procedure as is  applicable under clause (ii) of paragraph (1)(B),
    except that  the phrase  `60 days'  shall be  substituted for  the
    phrase  `120  days' in  that  clause.  If  the  Governor does  not
    submit, in accordance  with subparagraph (B), a  redesignation for
    an  area (or  portion  thereof)  identified by  the  Administrator
    under  subparagraph (A), the  Administrator shall  promulgate such
    redesignation, if any, that the Administrator deems appropriate. 
       "(D)  The  Governor of  any State  may,  on the  Governor's own
    motion, submit  to the Administrator a  revised designation of any
    area or  portion thereof  within the  State. Within  18 months  of
    receipt  of  a   complete  State   redesignation  submittal,   the
    Administrator  shall  approve  or  deny  such  redesignation.  The
    submission of a redesignation by  a Governor shall not  affect the
    effectiveness or enforceability of  the applicable  implementation
    plan for the State. 
       "(E) The Administrator may not  promulgate a redesignation of a
    nonattainment area (or portion thereof) to attainment unless- 
          "(i) the Administrator determines that the area has attained
       the national ambient air quality standard; 
          "(ii)  the Administrator  has fully approved  the applicable
       implementation plan for the area under section 110(k); 
          "(iii)  the Administrator determines that the improvement in
       air quality  is due to permanent and  enforceable reductions in
       emissions  resulting  from  implementation  of  the  applicable
       implementation  plan  and  applicable  Federal   air  pollutant
       control  regulations  and   other  permanent  and   enforceable
       reductions; 
          "(iv) the  Administrator has  fully  approved a  maintenance
       plan  for the area as meeting the requirements of section 175A;
       and 
          "(v) the State containing such area has met all requirements
       applicable to the area under section 110 and part D. 
       "(F) The  Administrator shall not promulgate  any redesignation
    of  any   area  (or   portion  thereof)   from  nonattainment   to
    unclassifiable. 
       "(4) Nonattainment  designations for ozone, carbon monoxide and
    particulate matter (PM-10).- 
          "(A) Ozone  and carbon  monoxide.-(i) Within  120 days after
       the  date of the enactment  of the Clean Air  Act Amendments of
       1990,  each  Governor  of  each  State  shall   submit  to  the
       Administrator a list that designates, affirms 
       or reaffirms the designation  of, or redesignates (as  the case
       may  be),  all areas  (or portions  thereof) of  the Governor's
       State  as  attainment,  nonattainment,  or  unclassifiable with
       respect to the national ambient air quality standards for ozone
       and carbon monoxide. 
          "(ii) No later than 120 days after  the date the Governor is
       required to  submit  the list  of areas  (or portions  thereof)
       required   under  clause   (i)   of  this   subparagraph,   the
       Administrator  shall promulgate such  designations, making such
       modifications as  the Administrator may deem  necessary, in the
       same manner,  and under the  same procedure,  as is  applicable
       under clause (ii)  of paragraph (1)(B), except that  the phrase
       `60 days' shall  be substituted  for the phrase  `120 days'  in
       that clause.  If the  Governor does  not submit,  in accordance
       with clause (i) of this subparagraph, a designation for an area
       (or portion  thereof), the  Administrator shall  promulgate the
       designation that the Administrator deems appropriate. 
          "(iii)  No  nonattainment area  may  be  redesignated  as an
       attainment area under this subparagraph. 
          "(iv)   Notwithstanding   paragraph   (1)(C)(ii)   of   this
       subsection, if  an ozone or carbon  monoxide nonattainment area
       located within a metropolitan statistical area or  consolidated
       metropolitan statistical area (as  established by the Bureau of
       the Census)  is classified  under  part D  of this  title as  a
       Serious, Severe,  or Extreme Area, the boundaries  of such area
       are   hereby  revised   (on  the   date  45  days   after  such
       classification)  by  operation of  law  to  include the  entire
       metropolitan  statistical  area  or  consolidated  metropolitan
       statistical area, as the case may be, unless within such 45-day
       period the Governor  (in consultation with State and  local air
       pollution  control  agencies) notifies  the  Administrator that
       additional  time is  necessary to  evaluate the  application of
       clause  (v). Whenever a Governor has submitted such a notice to
       the Administrator,  such boundary  revision shall occur  on the
       later  of the  date 8  months after  such classification  or 14
       months after  the date  of the enactment  of the Clean  Air Act
       Amendments  of  1990  unless  the Governor  makes  the  finding
       referred to  in clause (v),  and the  Administrator concurs  in
       such finding, within such  period. Except as otherwise provided
       in this  paragraph, a  boundary revision  under this clause  or
       clause (v) shall apply for purposes of any State implementation
       plan  revision required to be  submitted after the  date of the
       enactment of the Clean Air Act Amendments of 1990. 
          "(v) Whenever the Governor of a State has submitted a notice
       under clause (iv), the Governor, in consultation with State and
       local air  pollution control agencies, shall  undertake a study
       to evaluate whether the entire metropolitan statistical area or
       consolidated  metropolitan statistical area  should be included
       within the  nonattainment area.  Whenever a Governor  finds and
       demonstrates to the satisfaction  of the Administrator, and the
       Administrator concurs in such finding,  that with respect to  a
       portion of a 
       metropolitan  statistical  area  or  consolidated  metropolitan
       statistical  area, sources  in  the portion  do not  contribute
       significantly to violation of  the national ambient air quality
       standard,   the  Administrator  shall  approve  the  Governor's
       request to exclude such portion from the nonattainment area. In
       making such  finding, the Governor and  the Administrator shall
       consider   factors  such   as   population   density,   traffic
       congestion,  commercial  development,  industrial  development,
       meteorological conditions, and pollution transport. 
          "(B)   PM-10  designations.-By   operation  of   law,  until
       redesignation by the Administrator pursuant to paragraph (3)-
               "(i) each area identified  in 52 Federal Register 29383
            (Aug. 7, 1987)  as a Group  I area  (except to the  extent
            that   such    identification   was   modified   by    the
            Administrator  before the  date of  the  enactment of  the
            Clean   Air  Act   Amendments  of   1990)  is   designated
            nonattainment for PM-10; 
               "(ii) any area containing  a site for which air quality
            monitoring data show  a violation of the  national ambient
            air quality standard for PM-10 before January 1, 1989  (as
            determined under  part 50, appendix  K of title  40 of the
            Code  of   Federal  Regulations)   is  hereby   designated
            nonattainment for PM-10; and 
               "(iii) each area not described in clause (i) or (ii) is
            hereby designated unclassifiable for PM-10. 
       Any designation  for particulate  matter (measured in  terms of
       total   suspended   particulates)   that    the   Administrator
       promulgated  pursuant   to  this   subsection  (as   in  effect
       immediately before the date  of the enactment of the  Clean Air
       Act  Amendments of 1990) shall remain in effect for purposes of
       implementing  the maximum allowable increases in concentrations
       of  particulate matter  (measured in  terms of  total suspended
       particulates)   pursuant   to   section   163(b),   until   the
       Administrator  determines that  such designation  is no  longer
       necessary for that purpose. 
       "(5) Designations for lead.-The Administrator may, in the 
    Administrator's  discretion at  any time  the Administrator  deems
    appropriate,  require a  State  to  designate areas  (or  portions
    thereof)  with  respect  to  the  national   ambient  air  quality
    standard  for lead in  effect as  of the date  of the enactment of
    the  Clean Air  Act  Amendments of  1990,  in accordance  with the
    procedures  under subparagraphs  (A)  and  (B) of  paragraph  (1),
    except that in  applying subparagraph (B)(i) of  paragraph (1) the
    phrase `2  years  from the  date of  promulgation  of the  new  or
    revised national ambient  air quality standard' shall  be replaced
    by  the phrase  `1 year from  the date  the Administrator notifies
    the State  of the requirement to  designate areas  with respect to
    the standard for lead'.". 
    (b)   General   Requirements  for   Implementation  Plans.-Section
110(a)(2) of  the Clean Air  Act (42 U.S.C. 7410(a)(2))  is amended to
read as follows: 
 
    "(2) Each implementation  plan submitted by a State under this Act
shall  be  adopted by  the State  after  reasonable notice  and public
hearing. Each such plan shall- 
       "(A) include enforceable emission limitations and other control
    measures,  means,  or techniques  (including  economic  incentives
    such  as  fees,  marketable permits,  and  auctions  of  emissions
    rights), as well as  schedules and  timetables for compliance,  as
    may  be   necessary  or   appropriate  to   meet  the   applicable
    requirements of this Act;  
       "(B) provide  for  establishment and  operation of  appropriate
    devices, methods, systems, and procedures necessary to-  
          "(i)  monitor,  compile, and  analyze  data  on  ambient air
       quality, and  
          "(ii)  upon  request,   make  such  data  available  to  the
          Administrator;  
       "(C)  include a program to  provide for the  enforcement of the
    measures  described in  subparagraph (A),  and  regulation of  the
    modification and construction of any stationary  source within the
    areas  covered by  the plan as  necessary to  assure that national
    ambient air  quality standards  are achieved,  including a  permit
    program as required in parts C and D;  
       "(D) contain adequate provisions-  
          "(i)  prohibiting, consistent  with  the provisions  of this
       title,  any source or  other type of  emissions activity within
       the Statefrom emitting any air pollutant in amounts which will-
         
            "(I)  contribute  significantly  to  nonattainment in,  or
          interfere with maintenance  by, any other State with respect
          to  any  such  national  primary  or  secondary  ambient air
          quality standard, or  
            "(II) interfere with  measures required to be  included in
          the applicable implementation plan for any other State under
          part C  to prevent significant  deterioration of air quality
          or to protect visibility,  
          "(ii) insuring  compliance with  the applicable requirements
       of   sections  126   and  115   (relating  to   interstate  and
       international pollution abatement);
       "(E)  provide  (i) necessary  assurances  that  the State  (or,
    except  where the  Administrator deems  inappropriate, the general
    purpose  local government  or governments,  or  a regional  agency
    designated by the  State or general purpose local  governments for
    such  purpose)   will  have   adequate  personnel,  funding,   and
    authority under State (and,  as appropriate,  local) law to  carry
    out such  implementation  plan  (and  is  not  prohibited  by  any
    provision  of  Federal  or  State  law  from   carrying  out  such
    implementation  plan or  portion thereof),  (ii) requirements that
    the State  comply with  the requirements  respecting State  boards
    under section 128,  and (iii) necessary assurances that, where the
    State  has relied  on a local  or regional  government, agency, or
    instrumentality for the implementation of any  plan provision, the
    State has responsibility  for ensuring adequate implementation  of
    such plan provision; 
       "(F) require, as may be prescribed by the Administrator-  
          "(i)  the  installation,  maintenance,  and  replacement  of
       equipment, and the implementation  of other necessary steps, by
       owners or operators of  stationary sources to monitor emissions
       from such sources,  
          "(ii)  periodic  reports   on  the  nature  and  amounts  of
       emissions and  emissions-related data  from such sources,  and 
          "(iii) correlation of such reports by the State  agency with
       any emission  limitations or standards  established pursuant to
       this Act, which reports shall  be available at reasonable times
       for public inspection;  
       "(G) provide  for authority comparable  to that in  section 303
    and adequate contingency plans to implement such authority;  
       "(H) provide for revision of such plan-  
            "(i) from time to time as may be necessary to take
          account of  revisions of such  national primary or secondary
          ambient air quality standard or the availability of improved
          or more expeditious  methods of attaining such standard, and

            "(ii)  except as  provided in  paragraph  (3)(C), whenever
          the  Administrator  finds  on   the  basis  of   information
          available   to   the   Administrator   that   the   plan  is
          substantially inadequate to attain the national  ambient air
          quality standard which  it implements or to otherwise comply
          with any additional requirements established under this Act;

       "(I)  in the  case  of a  plan  or plan  revision  for an  area
    designated  as   a   nonattainment  area,   meet  the   applicable
    requirements of part D (relating to nonattainment areas);  
       "(J) meet the applicable  requirements of section 121 (relating
    to consultation), section  127 (relating to public  notification),
    and part  C (relating to  prevention of significant  deterioration
    of air quality and visibility protection);  
       "(K) provide for-  
          "(i)  the performance  of such air  quality modeling  as the
       Administrator may  prescribe for the purpose  of predicting the
       effect  on  ambient air  quality of  any  emissions of  any air
       pollutant  for  which  the   Administrator  has  established  a
       national ambient air quality standard, and 
          "(ii) the submission, upon request, of data related to  such
       air quality modeling to the Administrator; 
       "(L) require  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) the reasonable  costs of reviewing and acting  upon any
       application for such a permit, and 
          "(ii)  if the owner  or operator receives a  permit for such
       source, the reasonable costs  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), until such fee  requirement is superseded with respect
       to such  sources  by  the Administrator's  approval  of  a  fee
       program under title V; and 
       "(M)  provide  for  consultation  and  participation  by  local
    political subdivisions affected by the plan.". 
       (c) Additional Provisions.-Section 110 of the Clean Air Act (42
    U.S.C.  7410)  is amended  by  adding  the  following  at the  end
    thereof: 
       "(k)   Environmental   Protection   Agency   Action   on   Plan
    Submissions.-
          "(1) Completeness of plan submissions.- 
            "(A) Completeness  criteria.-Within  9  months  after  the
          date of  the enactment  of the Clean Air  Act Amendments  of
          1990,  the Administrator  shall promulgate  minimum criteria
          that any plan  submission must meet before the Administrator
          is required to act on such submission under this subsection.
          The criteria  shall be limited  to the information necessary
          to enable  the Administrator  to determine  whether the plan
          submission complies with the provisions of this Act. 
            "(B)  Completeness   finding.-Within   60  days   of   the
          Administrator's  receipt of a plan or  plan revision, but no
          later than 6 months after the date, if any, by which a State
          is   required  to   submit   the  plan   or   revision,  the
          Administrator shall  determine whether the minimum  criteria
          established pursuant to  subparagraph (A) have been met. Any
          plan  or   plan  revision  that  a  State   submits  to  the
          Administrator,  and  that has  not  been  determined  by the
          Administrator (by  the date  6 months  after receipt  of the
          submission)  to have  failed  to meet  the  minimum criteria
          established pursuant to subparagraph (A), shall on that date
          be deemed by operation of law to meet such minimum criteria.

            "(C)  Effect   of  finding  of  incompleteness.-Where  the
          Administrator determines  that a  plan submission  (or  part
          thereof)  does  not meet  the  minimum  criteria established
          pursuant to  subparagraph (A), the State shall be treated as
          not having  made the submission  (or, in the Administrator's
          discretion, part thereof). 
          "(2)   Deadline  for   action.-Within   12   months   of   a
       determination by  the Administrator (or a  determination deemed
       by  operation  of law)  under paragraph  (1)  that a  State has
       submitted a plan or  plan revision (or, in  the Administrator's
       discretion, part  thereof)  that  meets  the  minimum  criteria
       established pursuant  to paragraph  (1), if applicable  (or, if
       those  criteria  are  not   applicable,  within  12  months  of
       submission of  the plan  or revision), the  Administrator shall
       act on the submission in accordance with paragraph (3). 
          "(3) Full and  partial approval and disapproval.-In the case
       of  any submittal on which the Administrator is required to act
       under paragraph  (2),  the  Administrator  shall  approve  such
       submittal  as a  whole  if  it  meets  all  of  the  applicable
       requirements of this  Act. If  a portion of  the plan  revision
       meets  all  the  applicable   requirements  of  this  Act,  the
       Administrator  may  approve  the  plan  revision  in  part  and
       disapprove the plan  revision in part. The  plan revision shall
       not  be treated as meeting  the requirements of  this Act until
       the  Administrator  approves   the  entire  plan   revision  as
       complying with the applicable requirements of this Act. 
          "(4) Conditional approval.-The Administrator  may approve  a
       plan revision based on a commitment of the State to 
       adopt specific enforceable measures by a  date certain, but not
       later  than  1 year  after the  date  of approval  of  the plan
       revision. Any such  conditional approval shall be treated  as a
       disapproval if the State fails to comply with such commitment. 
          "(5)  Calls for  plan revisions.-Whenever  the Administrator
       finds that the applicable implementation  plan for any area  is
       substantially  inadequate to  attain or  maintain  the relevant
       national ambient  air quality standard,  to mitigate adequately
       the interstate pollutant transport described in section 176A or
       section 184, or  to otherwise  comply with  any requirement  of
       this  Act, the Administrator shall require  the State to revise
       the  plan  as  necessary  to  correct  such  inadequacies.  The
       Administrator shall  notify the State of  the inadequacies, and
       may  establish reasonable  deadlines (not  to exceed  18 months
       after the date of such notice)  for the submission of such plan
       revisions.  Such  findings  and  notice shall  be  public.  Any
       finding  under   this  paragraph  shall,  to   the  extent  the
       Administrator  deems  appropriate,  subject  the State  to  the
       requirements of this Act to which the State was subject when it
       developed and  submitted the plan  for which  such finding  was
       made,  except  that  the  Administrator may  adjust  any  dates
       applicable under such requirements as appropriate (except  that
       the Administrator may not adjust any attainment date prescribed
       under part D, unless such date has elapsed). 
          "(6) Corrections.-Whenever the Administrator determines that
       the   Administrator's   action   approving,  disapproving,   or
       promulgating any plan or plan  revision (or part thereof), area
       designation, redesignation, classification, or reclassification
       was in  error, the Administrator may in the  same manner as the
       approval, disapproval,  or promulgation  revise such  action as
       appropriate without requiring  any further submission  from the
       State.  Such  determination  and  the basis  thereof  shall  be
       provided to the State and public. 
    "(l)  Plan  Revisions.-Each  revision  to an  implementation  plan
submitted by  a State under  this Act shall  be adopted by  such State
after reasonable  notice and  public hearing. The  Administrator shall
not approve a revision of a plan if the revision  would interfere with
any  applicable  requirement   concerning  attainment  and  reasonable
further  progress (as defined in section 171), or any other applicable
requirement of this Act. 
    "(m) Sanctions.-The Administrator  may apply any of  the sanctions
listed  in  section 179(b)  at any  time (or  at  any time  after) the
Administrator  makes a  finding,  disapproval, or  determination under
paragraphs  (1)  through  (4),  respectively,  of  section  179(a)  in
relation to  any plan  or plan item  (as that  term is defined  by the
Administrator) required under this Act, with respect to any portion of
the State the Administrator determines reasonable and appropriate, for
the purpose of ensuring that the  requirements of this Act relating to
such plan or  plan item  are met.  The Administrator  shall, by  rule,
establish  criteria for  exercising his  authority under  the previous
sentence  with respect to any deficiency referred to in section 179(a)
to ensure  that, during  the  24-month period  following the  finding,
disapproval,  or determination  referred  to in  section 179(a),  such
sanctions are not applied on a statewide basis where one or
more political  subdivisions covered by  the applicable implementation
plan are principally responsible for such deficiency. 
    "(n) Savings Clauses.- 
       "(1) Existing plan provisions.-Any provision  of any applicable
    implementation  plan  that  was approved  or  promulgated  by  the
    Administrator pursuant  to this  section as  in effect before  the
    date of the  enactment of  the Clean  Air Act  Amendments of  1990
    shall remain in effect as  part of such applicable  implementation
    plan,  except to the extent  that a revision to  such provision is
    approved  or promulgated  by the  Administrator  pursuant to  this
    Act. 
       "(2)   Attainment   dates.-For   any   area    not   designated
nonattainment, any plan or  plan revision submitted or required  to be
submitted by a State- 
          "(A)  in response  to  the promulgation  or  revision  of  a
       national primary ambient air quality standard in effect on  the
       date of the enactment of the Clean Air Act  Amendments of 1990,
       or 
          "(B)  in response  to  a finding  of  substantial inadequacy
       under subsection  (a)(2) (as  in effect immediately  before the
       date of the enactment of the Clean Air Act Amendments of 1990),

       shall provide  for attainment  of the national  primary ambient
       air  quality  standards  within 3  years  of  the  date of  the
       enactment of the Clean Air  Act Amendments of 1990 or within  5
       years of  issuance of  such finding of  substantial inadequacy,
       whichever is later. 
       "(3) Retention of construction  moratorium in certain areas.-In
    the case of an  area to which, immediately before the date  of the
    enactment   of  the  Clean  Air   Act  Amendments   of  1990,  the
    prohibition  on construction or  modification of  major stationary
    sources   prescribed  in   subsection  (a)(2)(I)   (as  in  effect
    immediately before the date of the enactment of the Clean  Air Act
    Amendments  of  1990)  applied  by  virtue  of  a  finding  of the
    Administrator  that  the  State  containing  such   area  had  not
    submitted  an  implementation  plan  meeting  the requirements  of
    section 172(b)(6) (relating to establishment of  a permit program)
    (as in  effect immediately  before the  date of  enactment of  the
    Clean Air  Act Amendments  of 1990)  or 172(a)(1)  (to the  extent
    such  requirements  relate  to provision  for  attainment  of  the
    primary national  ambient air quality  standard for sulfur  oxides
    by December 31, 1982) as in  effect immediately before the date of
    the enactment of  the Clean Air Act  Amendments of 1990, no  major
    stationary  source of  the relevant  air  pollutant or  pollutants
    shall  be  constructed   or  modified  in  such  area   until  the
    Administrator  finds  that  the  plan  for  such  area  meets  the
    applicable  requirements of section 172(c)(5)  (relating to permit
    programs) or subpart  5 of part D  (relating to attainment of  the
    primary  national   ambient  air   quality  standard  for   sulfur
    dioxide), respectively.". 
    (d) Conforming  Amendments.-Section 110  of the Clean  Air Act (42
U.S.C. 7410) is amended as follows: 
 
       (1) Strike out subparagraph (A) and subparagraph (D) of section
       110(a)(3). 
       (2) Strike out paragraph (4) of section 110(a). 
       (3) In subsection (c)- 
          (A) strike out subparagraph (A) of paragraph (2); 
          (B) strike out paragraph (2)(C); 
          (C) strike out paragraph (4); and 
          (D) in  paragraph (5)(B) strike  out "(including the written
       evidence required by part D),". 
       (4) Strike subsection (d)  and in section 302 (42  U.S.C. 7602)
    add the following new subsection after subsection (p):  
    "(q)   For   purposes   of  this   Act,   the   term   `applicable
implementation  plan'   means  the   portion  (or  portions)   of  the
implementation plan, or  most recent revision thereof,  which has been
approved  under section 110,  or promulgated under  section 110(c), or
promulgated  or approved  pursuant  to  regulations promulgated  under
section 301(d)  and which implements the relevant requirements of this
Act.". 
       (5) strike out subsection (e).  
       (6) In subsection (g), strike "the required four  month period"
    and  insert  "12   months  of  submission  of  the  proposed  plan
    revision". 
       (7) In subsection (h)- 
          (A)  strike "one  year after  the date  of enactment  of the
       Clean Air  Act Amendments of 1977 and  annually thereafter" and
       insert "5  years after the date  of the enactment  of the Clean
       Air  Act Amendments of 1990, and every 3 years thereafter"; and

          (B) strike the second sentence of paragraph (1).  
       (8) In  subsection (a)(1)  strike "nine months"  each place  it
       appears  and insert  "3 years  (or such  shorter period  as the
       Administrator may prescribe)".
    (e) Federal Facilities.-The  second sentence of section  118(a) of
the  Clean Air Act (42 U.S.C. 7418(a))  is amended to read as follows:
"The  preceding sentence  shall apply  (A) to any  requirement whether
substantive or  procedural (including any  recordkeeping or  reporting
requirement,  any   requirement  respecting  permits  and   any  other
requirement whatsoever), (B) to any requirement to pay a fee or charge
imposed by any State  or local agency to  defray the costs of  its air
pollution  regulatory program,  (C) to  the exercise  of  any Federal,
State, or local administrative  authority, and (D) to any  process and
sanction, whether enforced in  Federal, State, or local courts,  or in
any other manner.". 
    (f) Conformity Requirements.-Section  176(c) of the Clean  Air Act
(42 U.S.C. 7506(c))  is amended  by striking "(1)",  "(2)", "(3)"  and
"(4)" where they appear,  by inserting "(1)" after "(c)",  striking "a
plan"  each place  it  appears  and  inserting  in  lieu  thereof  "an
implementation plan" each place it appears and by adding the following
at the end thereof: "Conformity to an implementation plan means- 
       "(A)  conformity   to  an  implementation   plan's  purpose  of
    eliminating  or reducing the severity  and number of violations of
    the   national  ambient  air   quality  standards   and  achieving
    expeditious attainment of such standards; and 
       "(B) that such activities will not- 
          "(i)  cause  or  contribute  to  any  new  violation  of any
       standard in any area; 
          "(ii)  increase the  frequency or  severity of  any existing
       violation of any standard in any area; or 
          "(iii)  delay  timely  attainment  of  any  standard  or any
       required interim emission reductions or other milestones in any
       area. 
The  determination of  conformity shall  be based  on the  most recent
estimates of  emissions, and such  estimates shall be  determined from
the  most  recent   population,  employment,  travel   and  congestion
estimates as  determined by the metropolitan  planning organization or
other agency authorized to make such estimates. 
    "(2)  Any transportation  plan or  program  developed pursuant  to
title 23, United  States Code,  or the Urban  Mass Transportation  Act
shall  implement  the  transportation  provisions  of  any  applicable
implementation  plan approved under this Act applicable to all or part
of the area covered by such transportation plan or program. No Federal
agency may approve, accept or fund any transportation plan, program or
project unless such plan, program or project has been found to conform
to any applicable  implementation plan  in effect under  this Act.  In
particular 
       "(A)  no  transportation  plan  or  transportation  improvement
    program may  be adopted  by a  metropolitan planning  organization
    designated under title 23, United  States Code, or the  Urban Mass
    Transportation  Act,  or  be  found  to  be  in  conformity  by  a
    metropolitan  planning organization  until a  final  determination
    has been made that emissions expected from  implementation of such
    plans  and programs  are consistent  with  estimates of  emissions
    from motor vehicles  and necessary emissions  reductions contained
    in  the applicable  implementation  plan,  and  that the  plan  or
    program will conform to the requirements of paragraph (1)(B); 
       "(B) no metropolitan  planning organization or other  recipient
    of funds  under title  23, United States  Code, or the  Urban Mass
    Transportation  Act  shall  adopt  or  approve  a   transportation
    improvement  program of  projects until  it  determines that  such
    program  provides  for  timely  implementation  of  transportation
    control  measures  consistent  with  schedules   included  in  the
    applicable implementation plan; 
       "(C) a transportation project  may be adopted or approved  by a
    metropolitan planning  organization  or  any  recipient  of  funds
    designated under title 23, United  States Code, or the  Urban Mass
    Transportation  Act, or  found  in  conformity by  a  metropolitan
    planning  organization or  approved, accepted,  or  funded by  the
    Department  of  Transportation   only  if  it  meets   either  the
    requirements of subparagraph (D) or the following requirements- 
          "(i)  such  a  project  comes  from  a  conforming  plan and
       program; 
          "(ii) the design concept and scope of such project have  not
    changed    significantly since  the conformity  finding  regarding
               the plan  and program  from which the  project derived;
               and 
 
          "(iii) the design  concept and scope of such project  at the
       time  of  the  conformity  determination for  the  program  was
       adequate to determine emissions.
       "(D) Any project not  referred to in subparagraph (C)  shall be
    treated as conforming  to the applicable implementation  plan only
    if  it  is  demonstrated that  the  projected emissions  from such
    project,  when considered  together with  emissions projected  for
    the  conforming  transportation  plans  and  programs  within  the
    nonattainment  area, do  not  cause  such plans  and  programs  to
    exceed the emission reduction  projections and schedules  assigned
    to  such plans and programs in the applicable implementation plan.

    "(3) Until such time as  the implementation plan revision referred
to  in  paragraph  (4)(C)  is  approved,  conformity  of  such  plans,
programs, and projects will be demonstrated if- 
       "(A) the transportation plans and programs- 
          "(i) are consistent with the most recent estimates of mobile
       source emissions; 
          "(ii)   provide  for   the  expeditious   implementation  of
       transportation    control    measures    in   the    applicable
       implementation plan; and 
          "(iii)   with   respect  to   ozone   and  carbon   monoxide
       nonattainment areas, contribute  to annual emissions reductions
       consistent with sections 182(b)(1) and 187(a)(7); and 
       "(B) the transportation projects- 
          "(i) come from  a conforming transportation plan and program
       as defined in subparagraph (A) or for  12 months after the date
       of the enactment of the Clean Air Act Amendments  of 1990, from
       a transportation program found to conform within 3  years prior
       to such date of enactment; and 
          "(ii) in  carbon monoxide nonattainment areas,  eliminate or
       reduce  the severity  and number  of violations  of  the carbon
       monoxide standards  in the  area substantially affected  by the
       project. 
    With regard  to subparagraph  (B)(ii), such  determination may  be
    made  as part  of  either  the conformity  determination  for  the
    transportation  program or  for the individual  project taken as a
    whole   during  the   environmental   review   phase  of   project
    development. 
    "(4)(A)  No later than one year after the date of enactment of the
Clean Air Act  Amendments of 1990, the  Administrator shall promulgate
criteria and procedures for determining conformity (except in the case
of transportation  plans, programs, and projects) of,  and for keeping
the  Administrator  informed  about,  the activities  referred  to  in
paragraph (1). No  later than one  year after such date  of enactment,
the  Administrator,   with  the   concurrence  of  the   Secretary  of
Transportation,   shall  promulgate   criteria   and  procedures   for
demonstrating and  assuring conformity  in the case  of transportation
plans,  programs,  and projects.  A suit  may  be brought  against the
Administrator and the Secretary of Transportation under section 304 to
compel  promulgation of such  criteria and procedures  and the Federal
district court shall have jurisdiction to order such promulgation. 
    "(B) The procedures and criteria shall, at a minimum- 
 
       "(i) address  the consultation  procedures to be  undertaken by
metropolitan   planning   organizations   and    the   Secretary    of
               Transportation   with  State  and   local  air  quality
               agencies and State departments of transportation before
               such  organizations and  the Secretary  make conformity
               determinations; 
       "(ii) address  the appropriate frequency for  making conformity
    determinations,  but in  no  case  shall such  determinations  for
    transportation  plans and  programs be  less  frequent than  every
    three years; and 
       "(iii) address how conformity  determinations will be made with
    respect to maintenance plans. 
    "(C) Such procedures  shall also include a  requirement that  each
State  shall  submit  to  the   Administrator  and  the  Secretary  of
Transportation  within 24 months of such date of enactment, a revision
to its  implementation plan that includes criteria  and procedures for
assessing the conformity of  any plan, program, or project  subject to
the conformity requirements of this subsection.". 
SEC. 102. GENERAL PROVISIONS FOR NONATTAINMENT AREAS.  
    (a) Definitions.-(1)  Part D of  title I of the  Clean Air Act  is
amended by  inserting immediately after "Part  D-Plan Requirements for
Nonattainment Areas" the following: 

              "Subpart 1-Nonattainment Areas in General 

"Sec. 171.  Definitions. 
"Sec. 172.  Nonattainment plan provisions. 
"Sec. 173.  Permit requirements. 
"Sec. 174.  Planning procedures. 
"Sec. 175.  Environmental Protection Agency grants. 
"Sec. 176.  Limitations on certain Federal assistance. 
"Sec. 177.  New motor vehicle emission standards in nonattainment 
                  areas. 
"Sec. 178.  Guidance documents.". 

    (2) Section 171 of the Clean Air  Act (42 U.S.C. 7501) is  amended
    as follows: 
       (A)  In  the introductory  language,  strike  out "and  section
       110(a)(2)(I)". 
       (B) Amend paragraph (1) to read as follows:  
          "(1)  Reasonable  further   progress.-The  term  `reasonable
       further progress'  means such annual incremental  reductions in
       emissions of the relevant air pollutant as are required by this
       part or may reasonably be required by the Administrator for the
       purpose of  ensuring  attainment  of  the  applicable  national
       ambient air quality standard by the applicable date.". 
       (C) Amend paragraph (2) to read as follows: 
          "(2)  Nonattainment  area.-The   term  `nonattainment  area'
       means,  for  any air  pollutant,  an area  which  is designated
       `nonattainment'  with  respect  to  that  pollutant  within the
       meaning of section 107(d).". 
    (b)  Nonattainment Plan  Provisions  in  General.-Section 172  (42
U.S.C. 7502) of the Clean Air Act is amended to read as follows: 
"SEC. 172. NONATTAINMENT PLAN PROVISIONS IN GENERAL. 
    "(a) Classifications and Attainment Dates.- 
          "(1)  Classifications.-(A)   On  or   after  the   date  the
       Administrator  promulgates  the designation  of  an  area as  a
       nonattainment area  pursuant to section 107(d)  with respect to
       any nation-
       al  ambient  air quality  standard  (or  any revised  standard,
       including a revision  of any standard in effect on  the date of
       the enactment of  the Clean  Air Act Amendments  of 1990),  the
       Administrator may classify the area for the purpose of applying
       an attainment  date pursuant  to paragraph  (2), and  for other
       purposes. In  determining  the appropriate  classification,  if
       any, for  a nonattainment area, the  Administrator may consider
       such  factors as the severity of nonattainment in such area and
       the  availability  and  feasibility of  the  pollution  control
       measures that  the Administrator  believes may be  necessary to
       provide for attainment of such standard in such area. 
          "(B) The Administrator shall publish a notice in the Federal
       Register announcing each classification under subparagraph (A),
       except the  Administrator shall  provide an opportunity  for at
       least 30  days for  written comment. Such  classification shall
       not be subject to the provisions of sections 553 through 557 of
       title  5  of  the  United States  Code  (concerning  notice and
       comment)  and shall not be subject to judicial review until the
       Administrator takes final action under subsection (k) or (l) of
       section 110 (concerning action  on plan submissions) or section
       179 (concerning sanctions) with respect to any plan submissions
       required by virtue of such classification. 
          "(C)  This  paragraph   shall  not  apply  with  respect  to
       nonattainment areas for which classifications  are specifically
       provided under other provisions of this part. 
          "(2)  Attainment  dates  for  nonattainment  areas.-(A)  The
       attainment  date  for  an  area  designated nonattainment  with
       respect  to a  national  primary ambient  air quality  standard
       shall  be the  date  by which  attainment  can be  achieved  as
       expeditiously  as practicable, but  no later than  5 years from
       the date  such area was designated  nonattainment under section
       107(d), except that the Administrator may extend the attainment
       date to  the extent  the Administrator determines  appropriate,
       for  a period  no  greater  than  10 years  from  the  date  of
       designation  as  nonattainment,  considering  the  severity  of
       nonattainment and the availability and feasibility of pollution
       control measures. 
          "(B)   The   attainment   date  for   an   area   designated
       nonattainment with respect to  a secondary national ambient air
       quality standard shall be  the date by which attainment  can be
       achieved as  expeditiously as  practicable after the  date such
       area was designated nonattainment under section 107(d).   "(C)
       Upon application by any State, the Administrator may extend for
       1 additional  year (hereinafter  referred to as  the `Extension
       Year')  the  attainment date  determined  by the  Administrator
       under subparagraph (A) or (B) if- 
            "(i)  the State  has complied  with  all requirements  and
          commitments  pertaining  to  the  area   in  the  applicable
          implementation plan, and
            "(ii)   in  accordance  with  guidance  published  by  the
          Administrator, no more  than a minimal number of exceedances
          of the  relevant national  ambient air  quality standard has
          occurred  in the  area in  the year preceding  the Extension
          Year. 
 
       No more than  2 one-year  extensions may be  issued under  this
       subparagraph for a single nonattainment area. 
          "(D)  This  paragraph   shall  not  apply  with  respect  to
       nonattainment areas for which attainment dates are specifically
       provided under other provisions of this part. 
    "(b) Schedule for Plan Submissions.-At the  time the Administrator
promulgates the  designation of an area as  nonattainment with respect
to a national ambient  air quality standard under section  107(d), the
Administrator shall establish a schedule  according to which the State
containing such area shall  submit a plan or plan  revision (including
the plan items) meeting the applicable requirements of  subsection (c)
and section 110(a)(2).  Such schedule  shall at a  minimum, include  a
date or dates, extending  no later than 3  years from the date  of the
nonattainment  designation,  for the  submission  of  a plan  or  plan
revision   (including  the   plan   items)  meeting   the   applicable
requirements of subsection (c) and section 110(a)(2).
    "(c)   Nonattainment   Plan   Provisions.-The   plan    provisions
(including  plan items) required to be submitted under this part shall
comply with each of the following: 
       "(1)  In general.-Such  plan provisions  shall provide  for the
    implementation  of all  reasonably available  control measures  as
    expeditiously  as  practicable  (including   such  reductions   in
    emissions  from existing  sources in the  area as  may be obtained
    through  the  adoption,  at a  minimum,  of  reasonably  available
    control  technology)  and  shall provide  for  attainment  of  the
    national primary ambient air quality standards. 
       "(2) RFP.-Such plan provisions shall require reasonable further
    progress. 
       "(3)   Inventory.-Such   plan   provisions  shall   include   a
    comprehensive,  accurate,  current  inventory of  actual emissions
    from all sources of the  relevant pollutant or pollutants  in such
    area, including such  periodic revisions as the  Administrator may
    determine  necessary to assure that  the requirements of this part
    are met. 
       "(4)  Identification  and quantification.-Such  plan provisions
    shall expressly  identify and quantify  the emissions, if any,  of
    any  such  pollutant  or  pollutants which  will  be  allowed,  in
    accordance  with section 173(a)(1)(B),  from the  construction and
    operation  of major  new or  modified  stationary sources  in each
    such area. The plan shall  demonstrate to the satisfaction  of the
    Administrator that the emissions quantified for  this purpose will
    be consistent with the achievement of  reasonable further progress
    and will  not interfere with attainment of the applicable national
    ambient air quality standard by the applicable attainment date. 
       "(5) Permits  for new  and modified major  stationary sources.-
    Such plan  provisions shall require  permits for the  construction
    and  operation  of  new  or  modified   major  stationary  sources
    anywhere in  the nonattainment  area, in  accordance with  section
    173. 
       "(6)  Other   measures.-Such  plan  provisions   shall  include
    enforceable   emission   limitations,   and  such   other  control
    measures, means  or techniques (including economic incentives such
    as fees, marketable permits,  and auctions of emission rights), as
    well  as  schedules  and  timetables for  compliance,  as  may  be
    necessary  or  appropriate  to  provide  for  attainment  of  such
    standard in such  area by the applicable attainment date specified
    in this part. 
       "(7)  Compliance with  section 110(a)(2).-Such  plan provisions
    shall also meet the applicable provisions of section 110(a)(2). 
       "(8) Equivalent techniques.-Upon application  by any State, the
    Administrator may allow  the use of equivalent  modeling, emission
    inventory,  and  planning  procedures,  unless  the  Administrator
    determines that  the proposed  techniques are,  in the  aggregate,
    less effective than the methods specified by the Administrator. 
       "(9)  Contingency  measures.-Such  plan shall  provide  for the
    implementation  of specific measures to be  undertaken if the area
    fails  to make  reasonable  further  progress, or  to  attain  the
    national primary  ambient air quality  standard by the  attainment
    date applicable under  this part. Such measures  shall be included
    in  the plan  revision as contingency  measures to  take effect in
    any  such  case  without  further  action  by  the  State  or  the
    Administrator. 
    "(d)  Plan  Revisions  Required  in Response  to  Finding  of Plan
Inadequacy.-Any  plan  revision  for  a nonattainment  area  which  is
required to be submitted in response to a finding by the Administrator
pursuant to section  110(k)(5) (relating to calls  for plan revisions)
must  correct the plan  deficiency (or deficiencies)  specified by the
Administrator  and  meet all  other  applicable  plan requirements  of
section 110 and this part. The Administrator may reasonably adjust the
dates otherwise  applicable under  such requirements to  such revision
(except for attainment dates that have not yet elapsed), to the extent
necessary to achieve a consistent application of such requirements. In
order to facilitate submittal by the States of adequate and approvable
plans consistent  with the  applicable requirements  of this Act,  the
Administrator  shall, as  appropriate  and from  time  to time,  issue
written  guidelines, interpretations,  and information  to  the States
which  shall be available to the public, taking into consideration any
such guidelines,  interpretations, or information provided  before the
date of the enactment of the Clean Air Act Amendments of 1990. 
    "(e)  Future  Modification  of   Standard.-If  the   Administrator
relaxes a national primary ambient air quality standard after the date
of the  enactment  of  the  Clean Air  Act  Amendments  of  1990,  the
Administrator shall, within 12 months after the relaxation, promulgate
requirements  applicable to  all areas  which have  not attained  that
standard  as of the date  of such relaxation.  Such requirements shall
provide  for controls which are  not less stringent  than the controls
applicable to areas designated nonattainment before such relaxation.".

    (c) New Source Permit  Requirements.-Section 173 of the Clean  Air
Act (42 U.S.C. 7503) is amended as follows: 
       (1) Strike the center heading and "Sec. 173." and insert: 
"SEC. 173. PERMIT REQUIREMENTS.". 
       (2) Insert "(a) In General.-" before the first sentence. 
       (3)  Insert  the following  after  "(1)":  "in accordance  with
    regulations issued by  the Administrator for the  determination of
    baseline emissions  in a  manner consistent  with the  assumptions
    underlying  the  applicable  implementation  plan  approved  under
    section 110 and this part,". 
       (4)  Make  the  following  amendments in  subparagraph  (A)  of
    paragraph (1): 
            (A)  Insert  "sufficient  offsetting emissions  reductions
          have been  obtained, such that"  immediately after the comma
          following "commence operation". 
            (B) Strike  "allowed under  the applicable  implementation
          plan"  and insert  "(as  determined in  accordance  with the
          regulations under this paragraph)". 
       (5)  Make  the  following  amendments in  subparagraph  (B)  of
    paragraph (1): 
            (A)  Insert  "in the  case  of  a  new  or modified  major
          stationary  source which  is located  in a zone  (within the
          nonattainment  area) identified  by  the  Administrator,  in
          consultation   with  the  Secretary  of  Housing  and  Urban
          Development, as a  zone to which economic development should
          be targeted," at the beginning thereof. 
            (B) Strike "172(b)" and insert "172(c)". 
       (6) Make the following amendments in paragraph (4): 
            (A) Insert  "the Administrator  has  not determined  that"
          after "(4)". 
            (B)  Strike "being  carried  out"  and insert  "not  being
          adequately implemented". 
            (C) Replace the period at the end thereof with "; and". 
       (7) Add the following new paragraph after paragraph (4): 
          "(5)  an analysis  of  alternative sites,  sizes, production
    processes, and  environmental control techniques for such proposed
    source   demonstrates  that   benefits  of   the  proposed  source
    significantly outweigh the  environmental and social costs imposed
    as a result of its location, construction, or modification.". 
       (8) Strike  "(1)(A) shall be legally binding" in the concluding
    sentence of  subsection (a),  as redesignated  by this  subsection
    and insert "(1) shall be federally enforceable". 
       (9) Add a new subsection (b) to read as follows: 
    "(b)  Prohibition on  Use  of  Old Growth  Allowances.-Any  growth
allowance included in  an applicable implementation  plan to meet  the
requirements of section 172(b)(5) (as in effect immediately before the
date of the enactment of  the Clean Air Act Amendments of  1990) shall
not be  valid for use in  any area that received or  receives a notice
under section  110(a)(2)(H)(ii) (as  in effect immediately  before the
date of  the enactment of  the Clean  Air Act Amendments  of 1990)  or
under  section  110(k)(1)  that  its  applicable  implementation  plan
containing such allowance is substantially inadequate.". 
       (10) Add the following new subsections at the end thereof: 
    "(c)  Offsets.-(1) The  owner  or operator  of  a new  or modified
major  stationary source  may comply  with any  offset requirement  in
effect  under this part for  increased emissions of  any air pollutant
only by obtaining emission  reductions of such air pollutant  from the
same  source or other sources  in the same  nonattainment area, except
that the State may allow the owner or operator of a source to obtain
such  emission  reductions in  another nonattainment  area if  (A) the
other area  has an equal  or higher nonattainment  classification than
the area  in which the source  is located and (B)  emissions from such
other  area  contribute to  a violation  of  the national  ambient air
quality  standard in  the nonattainment  area in  which the  source is
located.  Such emission  reductions  shall be,  by the  time a  new or
modified  source commences  operation, in  effect and  enforceable and
shall assure  that the total tonnage of increased emissions of the air
pollutant from  the new or modified source shall be offset by an equal
or greater reduction, as  applicable, in the actual emissions  of such
air pollutant from the same or other sources in the area. 
    "(2) Emission reductions  otherwise required by this Act shall not
be  creditable as emissions reductions for purposes of any such offset
requirement. Incidental  emission reductions  which are  not otherwise
required  by this Act shall  be creditable as  emission reductions for
such  purposes if  such emission reductions  meet the  requirements of
paragraph (1). 
    "(d) Control Technology Information.-The State shall  provide that
control technology information from  permits issued under this section
will be promptly submitted to the Administrator for purposes of making
such information available through the RACT/BACT/LAER clearinghouse to
other States and to the general public.  "(e)    Rocket   Engines   or
Motors.-The  permitting authority of a  State shall allow  a source to
offset  by alternative  or  innovative means  emission increases  from
rocket engine and motor  firing, and cleaning related to  such firing,
at an existing  or modified major source that tests  rocket engines or
motors under the following conditions:  
       "(1) Any modification  proposed is  solely for  the purpose  of
    expanding the testing of rocket  engines or motors at  an existing
    source  that is  permitted to  test such  engines  on the  date of
    enactment of this subsection.  
       "(2)  The  source  demonstrates  to  the  satisfaction  of  the
    permitting authority of  the State that it has used all reasonable
    means to  obtain and utilize offsets,  as determined  on an annual
    basis, for the  emissions increases beyond allowable  levels, that
    all available offsets are being used, and  that sufficient offsets
    are not available to the source.  
       "(3)  The  source  has  obtained  a  written  finding from  the
    Department  of  Defense,  Department  of Transportation,  National
    Aeronautics and Space  Administration or other appropriate Federal
    agency, that  the  testing of  rocket  motors  or engines  at  the
    facility  is  required  for a  program  essential to  the national
    security.  
       "(4)  The  source  will  comply with  an  alternative  measure,
    imposed  by  the  permitting authority,  designed  to  offset  any
    emission increases beyond permitted levels not  directly offset by
    the source.  In lieu of imposing  any alternative offset measures,
    the permitting  authority may impose an  emissions fee  to be paid
    to such authority  of a State which shall  be an amount no greater
    than  1.5 times  the  average cost  of stationary  source  control
    measures adopted in that area during the previous 3 years. The
    permitting  authority  shall utilize  the  fees in  a manner  that
    maximizes the emissions reductions in that area.".  
    (d)  Planning Procedures.-Section  174  (42  U.S.C. 7504)  of  the
    Clean Air Act is amended to read as follows: 
"SEC. 174. PLANNING PROCEDURES. 
    "(a)  In  General.-For  any  ozone,  carbon   monoxide,  or  PM-10
nonattainment  area,  the  State  containing  such  area  and  elected
officials  of  affected  local  governments  shall,  before  the  date
required  for  submittal of  the  inventory  described under  sections
182(a)(1) and 187(a)(1),  jointly review and  update as necessary  the
planning  procedures adopted pursuant to this  subsection as in effect
immediately  before the  date of the  enactment of  the Clean  Air Act
Amendments of  1990, or  develop new  planning procedures pursuant  to
this  subsection, as  appropriate.  In preparing  such procedures  the
State  and local elected officials shall determine which elements of a
revised   implementation  plan   will  be   developed,  adopted,   and
implemented  (through means  including enforcement)  by the  State and
which by local governments or regional agencies, or any combination of
local governments, regional agencies, or the State. The implementation
plan  required by  this  part shall  be  prepared by  an  organization
certified  by the  State, in  consultation  with elected  officials of
local  governments and in accordance  with the determination under the
second sentence  of this  subsection. Such organization  shall include
elected officials  of  local governments  in  the affected  area,  and
representatives of the  State air quality  planning agency, the  State
transportation planning agency, 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, the organization responsible for the air
quality  maintenance planning  process under  regulations implementing
this  Act,  and  any  other  organization  with  responsibilities  for
developing,  submitting, or  implementing  the plan  required by  this
part.  Such organization may be  one that carried  out these functions
before the  date of the enactment  of the Clean Air  Act Amendments of
1990. 
    "(b)   Coordination.-The   preparation  of   implementation   plan
provisions  and   subsequent  plan  revisions  under   the  continuing
transportation-air  quality  planning  process  described  in  section
108(e)  shall  be coordinated  with  the  continuing, cooperative  and
comprehensive transportation planning  process required under  section
134 of title 23, United States Code, and such planning processes shall
take into account the requirements of this part. 
    "(c) Joint Planning.-In the case  of a nonattainment area  that is
included  within more than one State, the affected States may jointly,
through interstate  compact or otherwise, undertake  and implement all
or part of the planning procedures described in this section.". 
    (e)  Maintenance Plans.-After  section  175 of  the Clean  Air Act
    insert: 
"SEC. 175A. MAINTENANCE PLANS. 
    "(a)  Plan Revision.-Each  State  which  submits a  request  under
section 107(d) for redesignation  of a nonattainment area for  any air
pollutant as an area which has attained the national primary am-
bient air quality standard for that air pollutant shall also  submit a
revision of  the applicable State  implementation plan to  provide for
the maintenance of  the national primary ambient air  quality standard
for such air  pollutant in the  area concerned for  at least 10  years
after  the  redesignation.  The  plan shall  contain  such  additional
measures, if any, as may be necessary to ensure such maintenance. 
    "(b)  Subsequent Plan  Revisions.-8 years  after redesignation  of
any area as an attainment  area under section 107(d), the  State shall
submit to the  Administrator an additional revision  of the applicable
State implementation plan for maintaining the national primary ambient
air quality standard for 10 years after the  expiration of the 10-year
period referred to in subsection (a). 
    "(c)   Nonattainment   Requirements   Applicable   Pending    Plan
Approval.-Until  such  plan  revision  is  approved  and  an  area  is
redesignated as attainment for any area designated  as a nonattainment
area, the requirements of this part shall continue in force and effect
with respect to such area. 
    "(d) Contingency  Provisions.-Each plan  revision submitted  under
this  section  shall  contain   such  contingency  provisions  as  the
Administrator  deems necessary to assure that  the State will promptly
correct   any  violation  of  the  standard  which  occurs  after  the
redesignation of the area as an attainment area. Such provisions shall
include  a requirement that the State will implement all measures with
respect  to  the control  of the  air  pollutant concerned  which were
contained  in  the  State  implementation  plan  for  the  area before
redesignation of  the area as an  attainment area. The failure  of any
area  redesignated as  an  attainment area  to  maintain the  national
ambient  air  quality  standard  concerned  shall   not  result  in  a
requirement that the State revise its State implementation plan unless
the  Administrator, in  the Administrator's  discretion, requires  the
State to submit a revised State implementation plan.".  
    (f) Interstate Transport Provisions.- 
       (1) Interstate  transport commissions.-After section 176 of the
    Clean Air Act (42 U.S.C. 7506) insert: 
"SEC. 176A. INTERSTATE TRANSPORT COMMISSIONS. 
    "(a)  Authority   To  Establish   Interstate  Transport  Regions.-
Whenever,  on the Administrator's own  motion or by  petition from the
Governor  of any State, the  Administrator has reason  to believe that
the interstate transport  of air  pollutants from one  or more  States
contributes significantly  to a  violation of  a national ambient  air
quality  standard in one or  more other States,  the Administrator may
establish,  by  rule,  a  transport  region  for such  pollutant  that
includes such  States. The  Administrator, on the  Administrator's own
motion or  upon petition from the  Governor of any State,  or upon the
recommendation  of a transport commission established under subsection
(b), may- 
       "(1)  add  any  State  or  portion of  a  State  to  any region
    established under  this subsection whenever  the Administrator has
    reason to believe that the  interstate transport of air pollutants
    from such  State significantly contributes  to a violation of  the
    standard in the transport region, or  
       "(2)  remove any  State or portion  of a State  from the region
    whenever the Administrator has reason to believe that the con-
    trol of emissions  in that State or portion  of the State pursuant
    to  this  section   will  not  significantly  contribute   to  the
    attainment of the standard in any area in the region. 
The Administrator  shall approve  or disapprove  any such petition  or
recommendation  within 18  months  of its  receipt. The  Administrator
shall  establish  appropriate  proceedings  for  public  participation
regarding such petitions and motions, including notice and comment. 
    "(b) Transport Commissions.- 
       "(1)  Establishment.-Whenever  the Administrator  establishes a
    transport region  under subsection  (a),  the Administrator  shall
    establish  a transport commission comprised of (at a minimum) each
    of the following members: 
          "(A)  The  Governor  of  each  State in  the  region  or the
       designee of each such Governor. 
          "(B) The Administrator or the Administrator's designee. 
          "(C)  The  Regional  Administrator (or  the  Administrator's
       designee) for  each  Regional  Office  for  each  Environmental
       Protection  Agency  Region  affected  by the  transport  region
       concerned. 
          "(D)  An air  pollution control  official  representing each
       State in the region, appointed by the Governor. 
    Decisions  of,   and   recommendations   and  requests   to,   the
    Administrator by each transport commission  may be made only  by a
    majority vote of  all members other than the Administrator and the
    Regional Administrators (or designees thereof). 
       "(2) Recommendations.-The transport commission shall assess the
    degree of interstate  transport of the pollutant or  precursors to
    the pollutant throughout  the transport region, assess  strategies
    for  mitigating the  interstate pollution,  and  recommend to  the
    Administrator such  measures as  the Commission  determines to  be
    necessary to  ensure that the plans  for the  relevant States meet
    the  requirements of  section 110(a)(2)(D).  Such commission shall
    not  be  subject  to  the  provisions  of  the  Federal   Advisory
    Committee Act (5 U.S.C. App.). 
    "(c)  Commission  Requests.-A  transport  commission   established
under  subsection (b) may request the Administrator to issue a finding
under section 110(k)(5) that  the implementation plan for one  or more
of the States in  the transport region is substantially  inadequate to
meet the requirements of section 110(a)(2)(D). The Administrator shall
approve,  disapprove, or  partially approve  and  partially disapprove
such a request within 18  months of its receipt and, to the extent the
Administrator approves  such request, issue the  finding under section
110(k)(5) at the time of such approval. In acting on such request, the
Administrator shall  provide an  opportunity for  public participation
and shall address each specific recommendation made by the commission.
Approval  or  disapproval of  such  a request  shall  constitute final
agency action within the meaning of section 307(b).". 
    (2) Amendments conforming to transport provisions.-Section 106  of
    the Clean Air Act (42 U.S.C. 7406) is amended as follows: 
          (A)  Insert "or  of implementing  section 176A  (relating to
       control of  interstate air pollution) or  section 184 (relating
       to 
       control of interstate  ozone pollution)" immediately  following
       "section 107". 
          (B)  Insert "any  commission established under  section 176A
       (relating to  control of  interstate air pollution)  or section
       184  (relating to  control of  interstate ozone  pollution) or"
       immediately following "program costs of". 
          (C)  Insert  "or  such  commission"  in  the  last  sentence
       immediately following "such agency". 
          (D) Insert  "or commission" at  the end thereof, immediately
       before the period. 
    (g) Sanctions.-After section 178 of  the Clean Air Act  (42 U.S.C.
    7508) insert: 
"SEC. 179. SANCTIONS AND CONSEQUENCES OF FAILURE TO ATTAIN. 
    "(a) State Failure.-For  any implementation plan or  plan revision
required under  this part  (or required  in response  to a  finding of
substantialinadequacyasdescribedinsection110(k)(5)),ifthe                                                        Administrator-
 
       "(1)  finds that  a State  has failed,  for an  area designated
    nonattainment  under  section 107(d),  to  submit  a plan,  or  to
    submit  1  or  more  of   the  elements  (as  determined   by  the
    Administrator) required by  the provisions of this  Act applicable
    to such  an area, or has  failed to make a  submission for such an
    area that satisfies  the minimum criteria established  in relation
    to any such element under section 110(k), 
       "(2) disapproves a submission under section 110(k), for an area
    designated  nonattainment   under  section  107,   based  on   the
    submission's failure to  meet one or more of the elements required
    by the provisions of this Act applicable to such an area, 
       "(3)(A)  determines  that  a  State  has  failed  to  make  any
    submission  as may  be  required under  this  Act, other  than one
    described  under  paragraph  (1) or  (2),  including  an  adequate
    maintenance plan, or has failed to make any  submission, as may be
    required under this Act, other than one described under  paragraph
    (1) or  (2), that  satisfies the  minimum criteria  established in
    relation to such submission under section 110(k)(1)(A), or  
       "(B) disapproves  in whole  or in  part a  submission described
    under subparagraph (A), or 
       "(4)  finds  that  any  requirement  of  an  approved plan  (or
    approved part of a plan) is not being implemented, 
unless such deficiency has  been corrected within 18 months  after the
finding, disapproval, or determination  referred to in paragraphs (1),
(2), (3),  and (4), one of the sanctions referred to in subsection (b)
shall apply, as selected by the Administrator, until the Administrator
determines that the State has come into compliance, except that if the
Administrator  finds  a  lack  of good  faith,  sanctions  under  both
paragraph  (1) and paragraph (2)  of subsection (b)  shall apply until
the Administrator determines that the State has come  into compliance.
If  the Administrator  has  selected one  of  such sanctions  and  the
deficiency  has  not  been   corrected  within  6  months  thereafter,
sanctions under both paragraph (1) and paragraph (2) of subsection (b)
shall apply until the Administrator determines that the State has come
into  compliance.  In addition  to  any other  sanction  applicable as
provided in this section, the Administrator may with-
hold  all or part of the grants  for support of air pollution planning
and control  programs that the  Administrator may award  under section
105. 
    "(b)  Sanctions.-The sanctions  available to  the Administrator as
provided in subsection (a) are as follows: 
       "(1) Highway  sanctions.-(A)  The Administrator  may  impose  a
    prohibition, applicable to  a nonattainment area, on  the approval
    by  the  Secretary  of  Transportation  of  any  projects  or  the
    awarding by  the Secretary of any  grants, under  title 23, United
    States Code,  other than projects or  grants for  safety where the
    Secretary determines, based on accident or  other appropriate data
    submitted by the  State, that the principal purpose of the project
    is  an  improvement in  safety to  resolve  a  demonstrated safety
    problem and likely will result  in a significant reduction  in, or
    avoidance of, accidents.  Such prohibition  shall become effective
    upon the selection by the Administrator of this sanction. 
       "(B)  In addition  to safety,  projects or  grants that  may be
    approved  by  the Secretary,  notwithstanding  the prohibition  in
    subparagraph (A), are the following- 
          "(i) capital programs for public transit; 
          "(ii) construction or  restriction of certain roads or lanes
       solely  for  the use  of  passenger  buses  or  high  occupancy
       vehicles; 
          "(iii)  planning for  requirements for  employers to  reduce
       employee work-trip-related vehicle emissions; 
          "(iv)  highway  ramp  metering,  traffic  signalization, and
       related programs  that improve traffic  flow and achieve  a net
       emission reduction; 
          "(v) fringe  and transportation  corridor parking facilities
       serving   multiple  occupancy   vehicle  programs   or  transit
       operations; 
          "(vi) programs to limit  or restrict vehicle use in downtown
       areas  or other  areas  of emission  concentration particularly
       during periods of  peak use, through  road use charges,  tolls,
       parking  surcharges,  or   other  pricing  mechanisms,  vehicle
       restricted zones or periods, or vehicle registration programs; 
          "(vii) programs for breakdown and accident scene management,
       nonrecurring  congestion, and  vehicle information  systems, to
       reduce congestion and emissions; and  
          "(viii)  such other  transportation-related programs  as the
       Administrator,   in   consultation   with  the   Secretary   of
       Transportation, finds  would improve air quality  and would not
       encourage single occupancy vehicle capacity.  
    In considering  such measures,  the State  should  seek to  ensure
    adequate access  to downtown,  other  commercial, and  residential
    areas,   and   avoid  increasing   or  relocating   emissions  and
    congestion rather than reducing them.  
    "(2) Offsets.-In  applying  the emissions  offset requirements  of
section 173 to new or modified sources or emissions units  for which a
permit  is required under part D,  the ratio of emission reductions to
increased emissions shall be at least 2 to 1.  
 
    "(c)  Notice  of  Failure  To  Attain.-(1)   As  expeditiously  as
practicable after the applicable attainment date for any nonattainment
area, but not later than 6  months after such date, the  Administrator
shall determine, based on the area's  air quality as of the attainment
date, whether the area attained the standard by that date.
    "(2)  Upon  making  the determination  under  paragraph  (1),  the
Administrator  shall   publish  a  notice  in   the  Federal  Register
containing  such  determination and  identifying  each  area that  the
Administrator   has  determined   to  have   failed  to   attain.  The
Administrator may revise or supplement such  determination at any time
based  on more complete information or  analysis concerning the area's
air quality as of the attainment date.  
    "(d)  Consequences for Failure To Attain.-(1)  Within 1 year after
the  Administrator  publishes  the   notice  under  subsection  (c)(2)
(relating to notice  of failure  to attain), each  State containing  a
nonattainment  area   shall  submit  a  revision   to  the  applicable
implementation plan  meeting the requirements of paragraph (2) of this
subsection.  
    "(2)  The  revision required  under paragraph  (1) shall  meet the
requirements of section 110 and section 172. In addition, the revision
shall  include  such  additional  measures as  the  Administrator  may
reasonably  prescribe, including  all  measures that  can be  feasibly
implemented  in  the area  in  light  of technological  achievability,
costs, and any nonair quality and other air quality-related health and
environmental impacts.  
    "(3)  The attainment  date  applicable  to the  revision  required
under paragraph (1) shall be the same as provided in the provisions of
section 172(a)(2), except that in applying  such provisions the phrase
`from  the  date  of the  notice  under  section  179(c)(2)' shall  be
substituted for the  phrase `from  the date such  area was  designated
nonattainment  under section 107(d)' and for the phrase `from the date
of designation as nonattainment'.".  
    (h)  Federal Implementation Plans.-Section 110(c)(1)  of the Clean
Air Act  (42 U.S.C. 7410(c)) is  amended to read as  follows: "(1) The
Administrator shall  promulgate a  Federal implementation plan  at any
time within 2 years after the Administrator-  
       "(A)  finds  that  a  State  has  failed  to  make  a  required
    submission or  finds that the plan  or plan  revision submitted by
    the State does  not satisfy the minimum criteria established under
    section 110(k)(1)(A), or  
       "(B) disapproves  a  State implementation  plan  submission  in
    whole or in part, 
unless  the  State  corrects  the deficiency,  and  the  Administrator
approves  the   plan  or  plan  revision,   before  the  Administrator
promulgates such Federal implementation plan.".  
SEC. 103. ADDITIONAL PROVISIONS FOR OZONE NONATTAINMENT AREAS.  
    Part  D of title I of  the Clean Air Act is  amended by adding the
following new subpart at the end thereof:  

   "Subpart 2-Additional Provisions for Ozone Nonattainment Areas  

"Sec. 181.  Classifications and attainment dates.  
"Sec. 182.  Plan submissions and requirements.  
"Sec. 183.  Federal ozone measures.  
"Sec. 184.  Control of interstate ozone air pollution.  
"Sec. 185.  Enforcement  for Severe  and  Extreme ozone  nonattainment
areas for                failure to attain.  
"Sec. 185A. Transitional areas.  
"Sec. 185B. NOX and VOC study.  
"SEC. 181. CLASSIFICATIONS AND ATTAINMENT DATES.  
    "(a)  Classification and  Attainment Dates  for 1989 Nonattainment
Areas.-(1) Each  area designated  nonattainment for ozone  pursuant to
section  107(d) shall be classified  at the time  of such designation,
under table 1,  by operation of  law, as a  Marginal Area, a  Moderate
Area, a Serious Area, a Severe  Area, or an Extreme Area based  on the
design  value for  the  area. The  design  value shall  be  calculated
according  to   the   interpretation   methodology   issued   by   the
Administrator  most recently before the  date of the  enactment of the
Clean Air Act Amendments of 1990. For each area classified  under this
subsection, the primary standard attainment date for ozone shall be as
expeditiously as practicable but  not later than the date  provided in
table 1. 
 
                               "TABLE 1


Area class     Design value*     Primary standard attainment date**


Marginal......    0.121 up to 0.138......   3 years after enactment  
Moderate......    0.138 up to 0.160......   6 years after enactment  
Serious.......    0.160 up to 0.180......   9 years after enactment  
Severe........    0.180 up to 0.280......   15  years after  enactment

Extreme.......    0.280 and above........   20 years after enactment 

 
    * The design value is measured in parts per million (ppm).  
    ** The primary  standard attainment date is measured from the date
of the enactment of the Clean Air Amendments of 1990.  

    "(2) Notwithstanding table 1, in the case of a  severe area with a
1988  ozone design value between  0.190 and 0.280  ppm, the attainment
date shall  be 17 years (in  lieu of 15  years) after the date  of the
enactment of the Clean Air Amendments of 1990. 
    "(3) At  the  time of  publication  of  the notice  under  section
107(d)(4) (relating to area designations) for each ozone nonattainment
area,  the  Administrator  shall   publish  a  notice  announcing  the
classification  of such  ozone nonattainment  area. The  provisions of
section  172(a)(1)(B)  (relating to  lack  of notice  and  comment and
judicial review) shall apply to such classification. 
    "(4)  If an  area classified under  paragraph (1)  (Table 1) would
have  been classified in another  category if the  design value in the
area were 5 percent greater or 5 percent less  than the level on which
such  classification   was  based,  the  Administrator   may,  in  the
Administrator's  discretion,   within  90   days  after   the  initial
classification, by the procedure  required under paragraph (3), adjust
the classification to place the area in such other category. In making
such  adjustment,  the  Administrator   may  consider  the  number  of
exceedances of the national  primary ambient air quality standard  for
ozone in the  area, the level of pollution transport  between the area
and  other affected  areas, including  both intrastate  and interstate
transport, and the mix of sources and air pollutants in the area. 
    "(5) Upon application by  any State, the Administrator  may extend
for  1  additional year  (hereinafter  referred to  as  the `Extension
Year')  the  date specified  in  table  1  of  paragraph (1)  of  this
subsection if- 
          "(A)  the  State  has  complied  with  all  requirements and
       commitments   pertaining  to   the  area   in   the  applicable
       implementation plan, and  
          "(B) no more  than 1 exceedance of the national  ambient air
       quality  standard level for ozone  has occurred in  the area in
       the year preceding the Extension Year. 
No more than 2 one-year extensions may be issued under this  paragraph
for a single nonattainment area. 
    "(b) New Designations and Reclassifications.- 
       "(1)  New  designations  to  nonattainment.-Any  area  that  is
    designated  attainment or  unclassifiable for  ozone under section
    107(d)(4), and that  is subsequently redesignated to nonattainment
    for  ozone under  section  107(d)(3), shall,  at  the time  of the
    redesignation, be  classified by  operation of  law in  accordance
    with table  1 under  subsection (a). Upon  its classification, the
    area shall be  subject to the same requirements under section 110,
    subpart 1  of this part, and this  subpart that would have applied
    had the area  been so classified at  the time of the  notice under
    subsection   (a)(3),  except   that  any   absolute,   fixed  date
    applicable  in connection with any such requirement is extended by
    operation of law by a period equal  to the length of time  between
    the  date of the enactment of the Clean Air Act Amendments of 1990
    and the date the area is classified under this paragraph. 
       "(2)  Reclassification  upon failure  to  attain.-(A) Within  6
    months  following  the applicable  attainment date  (including any
    extension   thereof)  for   an  ozone   nonattainment   area,  the
    Administrator shall  determine, based on  the area's design  value
    (as  of  the  attainment  date), whether  the  area  attained  the
    standard by  that date. Except for any Severe or Extreme area, any
    area  that the Administrator finds  has not  attained the standard
    by  that  date  shall  be  reclassified  by  operation  of  law in
    accordance with table 1 of subsection (a) to the higher of- 
          "(i) the next higher classification for the area, or  
          "(ii)  the classification  applicable to  the  area's design
       value  as determined at the  time of the  notice required under
       subparagraph (B). 
    No area shall be reclassified as Extreme under clause (ii). 
       "(B) The  Administrator shall publish  a notice in  the Federal
    Register,  no later than 6  months following  the attainment date,
    identifying each area that the Administrator  has determined under
    subparagraph (A)  as having failed  to attain and identifying  the
    reclassification, if any, described under subparagraph (A).  
       "(3) Voluntary reclassification.-The Administrator  shall grant
    the  request of  any State to  reclassify a  nonattainment area in
    that State  in accordance  with  table 1  of subsection  (a) to  a
    higher  classification. The  Administrator shall  publish a notice
    in the Federal Register  of any such request and of action  by the
    Administrator granting the request. 
       "(4) Failure  of severe  areas to  attain standard.-(A) If  any
    Severe  Area fails  to achieve  the national  primary ambient  air
    quality  standard for  ozone  by  the applicable  attainment  date
    (including  any  extension  thereof),  the  fee  provisions  under
    section 185 shall apply within the area, the percent reduction
    requirements  of  section   182(c)(2)(B)  and  (C)   (relating  to
    reasonable further progress  demonstration and NOx control)  shall
    continue  to apply  to the area,  and the  State shall demonstrate
    that  such  percent reduction  has been  achieved  in  each 3-year
    interval after  such failure until  the standard is attained.  Any
    failure  to make  such  a demonstration  shall  be subject  to the
    sanctions provided under this part. 
       "(B) In  addition to the  requirements of subparagraph  (A), if
    the  ozone  design   value  for  a  Severe  Area  referred  to  in
    subparagraph  (A)  is   above  0.140  ppm  for  the  year  of  the
    applicable attainment date, or if  the area has failed  to achieve
    its most recent  milestone under  section 182(g),  the new  source
    review  requirements  applicable  under  this subpart  in  Extreme
    Areas  shall apply  in the area  and the  term `major  source' and
    `major  stationary  source'  shall have  the  same  meaning as  in
    Extreme Areas. 
       "(C) In  addition to the  requirements of subparagraph  (A) for
    those  areas referred  to in subparagraph  (A) and  not covered by
    subparagraph (B), the  provisions referred to in  subparagraph (B)
    shall  apply after  3  years from  the applicable  attainment date
    unless  the area  has attained  the standard  by the  end of  such
    3-year period. 
       "(D) If, after  the date of the enactment of  the Clean Air Act
    Amendments  of 1990,  the  Administrator  modifies the  method  of
    determining  compliance  with  the national  primary  ambient  air
    quality standard, a design  value or other indicator comparable to
    0.140 in terms of its  relationship to the standard shall be  used
    in lieu  of  0.140 for  purposes  of  applying the  provisions  of
    subparagraphs (B) and (C).
    "(c) References to Terms.-(1) Any  reference in this subpart  to a
`Marginal Area', a `Moderate Area', a `Serious Area', a `Severe Area',
or an  `Extreme Area' shall  be considered  a reference to  a Marginal
Area, a  Moderate Area, a Serious  Area, a Severe Area,  or an Extreme
Area as respectively classified under this section.  
    "(2)   Any   reference   in   this   subpart   to   `next   higher
classification' or comparable terms shall be considered a reference to
the classification related to the next  higher set of design values in
table 1.  
"SEC. 182. PLAN SUBMISSIONS AND REQUIREMENTS. 
    "(a)  Marginal  Areas.-Each  State  in  which  all  or  part  of a
Marginal Area  is located shall, with respect to the Marginal Area (or
portion thereof, to the extent  specified in this subsection),  submit
to  the   Administrator  the  State   implementation  plan   revisions
(including the plan items)  described under this subsection except  to
the extent  the State has made such submissions as  of the date of the
enactment of the Clean Air Act Amendments of 1990. 
       "(1) Inventory.-Within 2 years after the date of  the enactment
    of the Clean Air Act  Amendments of 1990, the State shall submit a
    comprehensive,  accurate, current  inventory  of  actual emissions
    from  all   sources,  as  described   in  section  172(c)(3),   in
    accordance with guidance provided by the Administrator.  
       "(2) Corrections to  the state implementation  plan.-Within the
    periods prescribed in this paragraph, the State shall 
    submit a revision  to the State implementation plan that meets the
    following requirements-  
          "(A) Reasonably available  control technology  corrections.-
       For  any  Marginal   Area  (or,   within  the   Administrator's
       discretion, portion  thereof) the State shall  submit, within 6
       months  of the date  of classification under  section 181(a), a
       revision that includes such  provisions to correct requirements
       in  (or add  requirements  to) the  plan concerning  reasonably
       available  control technology  as were  required  under section
       172(b)  (as  in  effect  immediately  before the  date  of  the
       enactment  of  the  Clean  Air  Act  Amendments  of  1990),  as
       interpreted  in guidance  issued  by  the  Administrator  under
       section 108 before  the date of the enactment of  the Clean Air
       Act Amendments of 1990. 
          "(B) Savings clause for vehicle inspection and maintenance.-
       (i)  For  any Marginal  Area  (or,  within the  Administrator's
       discretion,  portion  thereof),  the  plan  for  which  already
       includes,  or  was required  by  section  172(b)(11)(B) (as  in
       effect immediately  before the  date of  the enactment  of  the
       Clean  Air Act Amendments of 1990) to have included, a specific
       schedule  for  implementation  of a  vehicle  emission  control
       inspection  and  maintenance program,  the State  shall submit,
       immediately  after the date of  the enactment of  the Clean Air
       Act Amendments of 1990, a revision that includes any provisions
       necessary to  provide for a vehicle  inspection and maintenance
       program of no less  stringency than that of either  the program
       defined  in House  Report Numbered  95-294, 95th  Congress, 1st
       Session,  281-291  (1977) as  interpreted  in  guidance of  the
       Administrator issued  pursuant to section  172(b)(11)(B) (as in
       effect  immediately before  the  date of  the enactment  of the
       Clean Air  Act  Amendments  of  1990) or  the  program  already
       included in the plan, whichever is more stringent. 
          "(ii)  Within 12 months  after the date of  the enactment of
       the Clean  Air Act Amendments of 1990,  the Administrator shall
       review, revise,  update, and republish in  the Federal Register
       the guidance  for the States  for motor vehicle  inspection and
       maintenance  programs   required  by  this  Act,   taking  into
       consideration the Administrator's  investigations and audits of
       such program.  The  guidance shall,  at  a minimum,  cover  the
       frequency of inspections, the types of vehicles to be inspected
       (which shall include leased vehicles that are registered in the
       nonattainment   area),  vehicle   maintenance  by   owners  and
       operators, audits  by the State, the test  method and measures,
       including  whether  centralized  or  decentralized,  inspection
       methods  and  procedures,  quality  of  inspection,  components
       covered, assurance that  a vehicle subject  to a recall  notice
       from  a  manufacturer  has   complied  with  that  notice,  and
       effective  implementation  and enforcement,  including ensuring
       that any retesting of  a vehicle after a failure  shall include
       proof of corrective action and  providing for denial of vehicle
       registration  in  the  case  of tampering  or  misfueling.  The
       guidance which  shall be  incorporated in the  applicable State
       implementa-
       tion  plans  by  the  States  shall  provide  the  States  with
       continued   reasonable   flexibility   to  fashion   effective,
       reasonable,  and fair  programs for  the affected  consumer. No
       later  than  2   years  after  the  Administrator   promulgates
       regulations  under  section  202(m)(3)  (relating  to  emission
       control diagnostics), the State shall submit a revision to such
       program  to meet  any requirements  that the  Administrator may
       prescribe under that section. 
          "(C) Permit  programs.-Within 2 years after  the date of the
       enactment  of the Clean Air  Act Amendments of  1990, the State
       shall submit a revision that includes each of the following:  
            "(i)  Provisions to  require permits,  in  accordance with
          sections  172(c)(5)  and  173,  for   the  construction  and
          operation of  each new  or modified  major stationary source
          (with respect to ozone) to be located in the area. 
            "(ii)  Provisions  to  correct  requirements  in  (or  add
          requirements to) the plan concerning permit programs as were
          required under section  172(b)(6) (as in  effect immediately
          before  the date  of  the  enactment of  the Clean  Air  Act
          Amendments of  1990), as  interpreted in  regulations of the
          Administrator promulgated as of the date of the enactment of
          the Clean Air Act Amendments of 1990. 
       "(3) Periodic inventory.- 
          "(A)  General requirement.-No  later  than the  end  of each
       3-year period after submission of the inventory under paragraph
       (1)  until the  area is  redesignated to attainment,  the State
       shall submit  a revised  inventory meeting the  requirements of
       subsection (a)(1). 
          "(B) Emissions statements.-(i) Within 2 years after the date
       of the enactment of  the Clean Air Act Amendments of  1990, the
       State shall submit  a revision to the State implementation plan
       to require that the owner or operator of each stationary source
       of oxides of nitrogen or volatile organic compounds provide the
       State with a statement,  in such form as the  Administrator may
       prescribe (or accept an equivalent alternative developed by the
       State),  for  classes or  categories  of  sources, showing  the
       actual  emissions of  oxides of  nitrogen and  volatile organic
       compounds  from that source. The first  such statement shall be
       submitted within 3 years after the date of the enactment of the
       Clean Air  Act Amendments of 1990.  Subsequent statements shall
       be  submitted at  least  every year  thereafter. The  statement
       shall contain a certification that the information contained in
       the  statement  is  accurate  to  the  best  knowledge  of  the
       individual certifying the statement.
          "(ii) The State  may waive the application of clause  (i) to
       any class or  category of  stationary sources  which emit  less
       than 25 tons per  year of volatile organic compounds  or oxides
       of   nitrogen  if   the   State,  in   its  submissions   under
       subparagraphs (1) or (3)(A), provides an inventory of emissions
       from such class or category of sources, based on the 
       use of the emission factors established by the Administrator or
       other methods acceptable to the Administrator. 
       "(4) General offset requirement.-For purposes of satisfying the
    emission  offset requirements  of this  part, the  ratio  of total
    emission  reductions  of   volatile  organic  compounds  to  total
    increased emissions  of such air pollutant  shall be  at least 1.1
    to 1. 
The  Administrator may,  in  the Administrator's  discretion,  require
States to submit  a schedule  for submitting any  of the revisions  or
other items required under  this subsection. The requirements  of this
subsection  shall  apply in  lieu of  any  requirement that  the State
submit  a   demonstration  that  the  applicable  implementation  plan
provides for  attainment  of  the ozone  standard  by  the  applicable
attainment date in  any Marginal Area. Section  172(c)(9) (relating to
contingency measures) shall not apply to Marginal Areas. 
    "(b)  Moderate  Areas.-Each  State  in  which  all  or  part  of a
Moderate Area is  located shall,  with respect to  the Moderate  Area,
make  the  submissions described  under  subsection  (a) (relating  to
Marginal Areas), and shall also submit the revisions to the applicable
implementation plan described under this subsection.        "(1)  Plan
                                                         provisions
                                                         f    o    r
                                                         reasonable
                                                         further                                                            progress.-
                                                          
          "(A)  General rule.-(i) By  no later than 3  years after the
       date of the enactment of the Clean  Air Act Amendments of 1990,
       the   State  shall   submit  a   revision  to   the  applicable
       implementation plan  to provide for  volatile organic  compound
       emission reductions,  within  6 years  after  the date  of  the
       enactment of the Clean  Air Act Amendments of 1990, of at least
       15 percent  from baseline emissions, accounting  for any growth
       in  emissions after  the  year  in  which  the  Clean  Air  Act
       Amendments  of 1990  are enacted. Such  plan shall  provide for
       such  specific  annual  reductions  in  emissions  of  volatile
       organic compounds and oxides of nitrogen as necessary to attain
       the national primary ambient air quality  standard for ozone by
       the   attainment   date  applicable   under   this  Act.   This
       subparagraph  shall not apply in the case of oxides of nitrogen
       for those  areas for  which the Administrator  determines (when
       the  Administrator approves  the  plan or  plan revision)  that
       additional  reductions   of  oxides   of  nitrogen   would  not
       contribute to attainment. 
          "(ii)  A percentage  less than  15 percent  may be  used for
       purposes  of  clause  (i)  in  the  case  of  any  State  which
       demonstrates to the satisfaction of the Administrator that- 
            "(I) new  source review provisions  are applicable in  the
          nonattainment  areas in  the  same manner  and to  the  same
          extent  as  required  under subsection  (e)  in the  case of
          Extreme  Areas (with  the exception  that, in  applying such
          provisions, the  terms `major source'  and `major stationary
          source' shall include  (in addition to the sources described
          in  section 302) any  stationary source or group  of sources
          located within  a contiguous  area and  under common control
          that emits, or has  the potential to  emit, at least 5  tons
          per year of volatile organic compounds); 
            "(II) reasonably  available control technology is required
          for  all existing  major  sources (as  defined  in subclause
          (I)); and 
            "(III) the  plan reflecting  a lesser  percentage than  15
          percent  includes   all  measures   that  can  feasibly   be
          implemented   in  the  area,   in  light   of  technological
          achievability. 
       To qualify for a  lesser percentage under this clause,  a State
       must demonstrate to the  satisfaction of the Administrator that
       the plan for the  area includes the measures that  are achieved
       in  practice  by  sources  in  the  same  source   category  in
       nonattainment areas of the next higher category. 
          "(B) Baseline  emissions.-For purposes of subparagraph  (A),
       the term `baseline emissions' means  the total amount of actual
       VOC or NOx emissions from all anthropogenic sources in the area
       during the calendar year of the enactment  of the Clean Air Act
       Amendments   of  1990,   excluding  emissions  that   would  be
       eliminated under  the regulations described in  clauses (i) and
       (ii) of subparagraph (D). 
          "(C) General rule for creditability of reductions.-Except as
       provided  under  subparagraph  (D),  emissions  reductions  are
       creditable toward  the 15 percent  required under  subparagraph
       (A) to  the extent they have  actually occurred, as of  6 years
       after the date of the enactment of the Clean Air Act Amendments
       of 1990, from the implementation of measures required under the
       applicable  implementation  plan,   rules  promulgated  by  the
       Administrator, or a permit under title V. 
          "(D)  Limits   on  creditability   of   reductions.-Emission
       reductions  from  the  following  measures  are  not creditable
       toward the  15 percent  reductions required  under subparagraph
       (A): 
               "(i) Any  measure relating to motor  vehicle exhaust or
            evaporative emissions promulgated by the Administrator  by
            January 1, 1990. 
               "(ii)  Regulations  concerning   Reid  Vapor   Pressure
            promulgated  by  the  Administrator by  the  date  of  the
            enactment  of  the Clean  Air  Act Amendments  of 1990  or
            required to be promulgated under section 211(h). 
               "(iii)  Measures  required  under subsection  (a)(2)(A)
            (concerning    corrections   to    implementation    plans
            prescribed under guidance by the Administrator). 
               "(iv)  Measures required under  subsection (a)(2)(B) to
            be submitted immediately  after the date of  the enactment
            of  the  Clean  Air Act  Amendments  of  1990  (concerning
            corrections to  motor vehicle  inspection and  maintenance
            programs). 
       "(2) Reasonably  available control technology.-The  State shall
    submit  a  revision  to  the  applicable  implementation  plan  to
    include  provisions to  require the  implementation of  reasonably
    available  control technology under section 172(c)(1) with respect
    to each of the following: 
          "(A) Each category  of VOC sources in the area covered  by a
       CTG document issued by the Administrator between the 
       date  of the enactment of the Clean  Air Act Amendments of 1990
       and the date of attainment. 
          "(B) All VOC sources  in the area covered by any CTG  issued
       before  the  date  of  the  enactment  of  the  Clean  Air  Act
       Amendments of 1990.  
          "(C)  All other major  stationary sources  of VOCs  that are
       located in the area. 
    Each revision  described in  subparagraph (A)  shall be  submitted
    within the  period set forth by  the Administrator  in issuing the
    relevant  CTG document.  The  revisions  with respect  to  sources
    described  in subparagraphs  (B) and (C)  shall be  submitted by 2
    years  after the  date  of  the enactment  of  the  Clean Air  Act
    Amendments of 1990,  and shall provide for  the implementation  of
    the  required measures  as  expeditiously  as practicable  but  no
    later than May 31, 1995. 
       "(3) Gasoline vapor recovery.- 
          "(A) General rule.-Not later than 2 years after the date  of
       the  enactment of  the Clean  Air Act  Amendments of  1990, the
       State shall submit a  revision to the applicable implementation
       plan to require all owners or operators of  gasoline dispensing
       systems  to install and  operate, by the  date prescribed under
       subparagraph  (B),  a system  for  gasoline  vapor recovery  of
       emissions from the fueling of motor vehicles. The Administrator
       shall issue guidance as appropriate as to  the effectiveness of
       such system.  This subparagraph shall apply  only to facilities
       which  sell more  than  10,000 gallons  of  gasoline per  month
       (50,000 gallons per month  in the case of an  independent small
       business marketer of gasoline as defined in section 325). 
          "(B)  Effective date.-The  date required  under subparagraph
       (A) shall be-     "(i)  6 months  after the  adoption date,  in
                       the  case of gasoline dispensing facilities for
                       which construction commenced  after the date of
                       the enactment of  the Clean Air Act  Amendments
                       of 1990; 
            "(ii) one year  after the adoption  date, in  the case  of
          gasoline  dispensing  facilities  which  dispense  at  least
          100,000  gallons of  gasoline  per month,  based  on average
          monthly  sales for  the  2-year period  before  the adoption
          date; or 
            "(iii) 2 years  after the adoption  date, in  the case  of
          all other gasoline dispensing facilities. 
       Any gasoline  dispensing facility  described under  both clause
       (i) and clause (ii) shall meet the requirements of clause (i). 
          "(C) Reference to terms.-For purposes of this paragraph, any
       reference to  the term  `adoption date'  shall be  considered a
       reference  to the date of adoption by the State of requirements
       for the  installation and operation  of a  system for  gasoline
       vapor recovery of emissions from the fueling of motor vehicles.

       "(4) Motor vehicle inspection and maintenance.-For all Moderate
    Areas, the State shall submit,  immediately after the date  of the
    enactment of the Clean Air Act Amendments of 
    1990,  a  revision  to the  applicable  implementation  plan  that
    includes provisions necessary to provide for  a vehicle inspection
    and  maintenance  program  as  described  in  subsection (a)(2)(B)
    (without  regard  to whether  or  not  the  area  was required  by
    section 172(b)(11)(B)  (as in effect  immediately before the  date
    of the enactment of the  Clean Air Act Amendments of 1990) to have
    included  a  specific  schedule  for  implementation   of  such  a
    program). 
       "(5) General offset requirement.-For purposes of satisfying the
    emission  offset  requirements of  this part,  the ratio  of total
    emission  reductions  of  volatile  organic  compounds   to  total
    increase emissions  of such air pollutant  shall be  at least 1.15
    to 1. 
    "(c)  Serious Areas.-Except  as otherwise  specified in  paragraph
(4), each  State in which  all or part  of a  Serious Area is  located
shall, with respect  to the Serious Area  (or portion thereof, to  the
extent specified  in this subsection), make  the submissions described
under  subsection (b)  (relating to  Moderate Areas),  and shall  also
submit the revisions to  the applicable implementation plan (including
the plan items) described under this subsection. For any Serious Area,
the terms  `major source'  and `major stationary  source' include  (in
addition  to  the sources  described  in section  302)  any stationary
source or group of sources located within a contiguous area  and under
common control that emits, or  has the potential to emit, at  least 50
tons per year of volatile organic compounds. 
       "(1) Enhanced monitoring.-In order to obtain more comprehensive
    and representative data  on ozone air pollution, not later than 18
    months  after the  date  of the  enactment of  the  Clean Air  Act
    Amendments  of  1990  the  Administrator  shall promulgate  rules,
    after  notice  and  public comment,  for  enhanced  monitoring  of
    ozone, oxides  of nitrogen,  and volatile  organic compounds.  The
    rules  shall,   among  other  things,   cover  the  location   and
    maintenance of  monitors. Immediately  following the  promulgation
    of rules  by the  Administrator relating  to enhanced  monitoring,
    the  State shall  commence  such actions  as  may be  necessary to
    adopt and  implement a  program based  on such  rules, to  improve
    monitoring  for  ambient   concentrations  of  ozone,  oxides   of
    nitrogen and volatile organic compounds and  to improve monitoring
    of  emissions   of  oxides  of   nitrogen  and  volatile   organic
    compounds.  Each State  implementation  plan  for the  area  shall
    contain measures  to improve  the ambient monitoring  of such  air
    pollutants. 
       "(2)    Attainment    and    reasonable     further    progress
    demonstrations.-Within 4 years after  the date of the enactment of
    the  Clean Air Act  Amendments of  1990, the State  shall submit a
    revision to the applicable implementation plan  that includes each
    of the following: 
          "(A)  Attainment  demonstration.-A  demonstration  that  the
       plan,  as revised,  will provide  for  attainment of  the ozone
       national  ambient  air  quality  standard  by  the   applicable
       attainment date. This attainment demonstration must be based on
       photochemical  grid  modeling or  any  other analytical  method
       determined  by   the  Administrator,  in   the  Administrator's
       discretion, to be at least as effective. 
 
          "(B)    Reasonable    further    progress   demonstration.-A
       demonstration that  the plan, as  revised, will  result in  VOC
       emissions reductions from  the baseline emissions  described in
       subsection (b)(1)(B)  equal to  the following  amount  averaged
       over each consecutive 3-year period beginning 6 years after the
       date of the enactment of the Clean Air Act  Amendments of 1990,
       until the attainment date: 
            "(i) at least 3 percent  of baseline emissions each  year;
          or 
            "(ii)  an  amount less  than  3 percent  of such  baseline
          emissions  each  year,  if  the  State  demonstrates  to the
          satisfaction of the  Administrator that the plan  reflecting
          such lesser  amount includes all  measures that can feasibly
          be  implemented  in  the  area,  in  light  of technological
          achievability. 
       To  lessen the 3 percent requirement under clause (ii), a State
       must demonstrate to the  satisfaction of the Administrator that
       the plan for the  area includes the measures that  are achieved
       in  practice  by  sources  in  the   same  source  category  in
       nonattainment areas  of  the next  higher  classification.  Any
       determination  to lessen  the  3 percent  requirement shall  be
       reviewed at each  milestone under section 182(g) and revised to
       reflect  such new  measures (if  any) achieved  in  practice by
       sources  in  the  same  category  in  any   State,  allowing  a
       reasonable  time  to  implement  such  measures.  The  emission
       reductions described in this  subparagraph shall be  calculated
       in accordance  with subsection  (b)(1) (C) and  (D) (concerning
       creditability of reductions). The reductions creditable for the
       period beginning 6 years after the date of the enactment of the
       Clean Air Act Amendments of 1990, shall include reductions that
       occurred  before  such  period,  computed  in  accordance  with
       subsection  (b)(1),  that  exceed  the   15-percent  amount  of
       reductions required under subsection (b)(1)(A). 
          "(C)  NOx control.-The revision may contain,  in lieu of the
       demonstration required under  subparagraph (B), a demonstration
       to the  satisfaction of  the Administrator that  the applicable
       implementation  plan, as  revised, provides  for  reductions of
       emissions of VOC's and oxides of nitrogen (calculated according
       to the  creditability provisions  of subsection (b)(1)  (C) and
       (D)), that would  result in a reduction in ozone concentrations
       at  least equivalent to that which would result from the amount
       of  VOC emission  reductions required  under  subparagraph (B).
       Within 1 year after the date of the enactment of  the Clean Air
       Act Amendments of 1990,  the Administrator shall issue guidance
       concerning  the  conditions  under  which NOx  control  may  be
       substituted for VOC control or may be combined with VOC control
       in order to maximize  the reduction in ozone air  pollution. In
       accord with such guidance,  a lesser percentage of VOCs  may be
       accepted  as an  adequate  demonstration for  purposes of  this
       subsection. 
    "(3) Enhanced vehicle inspection and maintenance program.- 
          "(A) Requirement  for submission.-Within 2  years after  the
       date  of the enactment of the Clean Air Act Amendments of 1990,
       the   State  shall   submit  a   revision  to   the  applicable
       implementation  plan  to provide  for  an  enhanced program  to
       reduce  hydrocarbon  emissions  and NOx  emissions  from in-use
       motor  vehicles  registered  in  each urbanized  area  (in  the
       nonattainment area), as  defined by the  Bureau of the  Census,
       with a 1980 population of 200,000 or more. 
          "(B) Effective  date of state  programs; guidance.-The State
       program required  under subparagraph  (A) shall take  effect no
       later than 2 years from the  date of the enactment of the Clean
       Air  Act Amendments of 1990,  and shall comply  in all respects
       with guidance published  in the Federal Register (and from time
       to  time revised)  by  the Administrator  for enhanced  vehicle
       inspection andmaintenance programs. Suchguidance shall include-
        
            "(i)  a  performance  standard  achievable  by  a  program
          combining  emission  testing,   including  on-road  emission
          testing, with inspection  to detect tampering with  emission
          control devices and misfueling  for all light-duty  vehicles
          and all light-duty trucks subject to standards under section
          202; and 
            "(ii)   program   administration  features   necessary  to
          reasonably assure that adequate management resources, tools,
          and  practices  are  in place  to  attain and  maintain  the
          performance standard. 
       Compliance with the performance standard under clause (i) shall
       be  determined  using  a  method  to   be  established  by  the
       Administrator. 
          "(C)  State  program.-The  State   program  required   under
       subparagraph  (A)  shall include,  at  a minimum,  each  of the
       following elements- 
            "(i)  Computerized  emission analyzers,  including on-road
          testing devices.
            "(ii)  No waivers  for vehicles and  parts covered  by the
          emission control  performance warranty  as provided  for  in
          section 207(b) unless  a warranty remedy has  been denied in
          writing, or for tampering-related repairs. 
            "(iii) In view  of the air quality purpose of the program,
          if,   for   any   vehicle,   waivers   are   permitted   for
          emissions-related  repairs  not   covered  by  warranty,  an
          expenditure to qualify  for the waiver of an amount  of $450
          or more for such repairs (adjusted annually as determined by
          the Administrator on  the basis of the Consumer  Price Index
          in the same manner as provided in title V). 
            "(iv) Enforcement through denial  of vehicle  registration
          (except for any program in operation before the date of  the
          enactment  of  the Clean  Air Act  Amendments of  1990 whose
          enforcement mechanism  is demonstrated to the  Administrator
          to   be   more  effective   than   the  applicable   vehicle
          registration program in assuring 
          that  noncomplying  vehicles  are  not  operated  on  public
          roads). 
            "(v) Annual  emission  testing and  necessary  adjustment,
          repair, and maintenance,  unless the  State demonstrates  to
          the  satisfaction  of  the  Administrator  that  a  biennial
          inspection,  in  combination  with  other  features  of  the
          program  which exceed  the  requirements of  this  Act, will
          result  in emission  reductions  which equal  or  exceed the
          reductions  which  can   be  obtained  through  such  annual
          inspections. 
            "(vi) Operation  of the  program on  a centralized  basis,
          unless  the State  demonstrates to  the satisfaction  of the
          Administrator that a decentralized  program will be  equally
          effective.  An electronically  connected  testing  system, a
          licensing  system,  or other  measures  (or any  combination
          thereof)  may  be considered,  in  accordance  with criteria
          established by  the Administrator, as equally  effective for
          such purposes. 
            "(vii) Inspection of emission  control diagnostic  systems
          and  the maintenance  or  repair of  malfunctions  or system
          deterioration  identified by  or affecting  such diagnostics
          systems. 
       Each   State  shall   biennially  prepare   a  report   to  the
       Administrator  which assesses the  emission reductions achieved
       by the  program  required under  this paragraph  based on  data
       collected during inspection and repair of vehicles. The methods
       used  to   assess  the  emission  reductions   shall  be  those
       established by the Administrator. 
       "(4) Clean-fuel vehicle programs.-(A) Except to the extent that
    substitute  provisions have  been  approved by  the  Administrator
    under   subparagraph  (B),   the  State   shall   submit  to   the
    Administrator, within  42 months of the  date of  the enactment of
    the  Clean  Air   Act  Amendments  of  1990,  a  revision  to  the
    applicable implementation plan for each area  described under part
    C of  title II  to include such  measures as  may be necessary  to
    ensure  the effectiveness  of  the  applicable provisions  of  the
    clean-fuel  vehicle program  prescribed under part  C of title II,
    including  all  measures  necessary  to  make  the  use  of  clean
    alternative fuels in  clean-fuel vehicles (as defined in part C of
    title II) economic from the  standpoint of vehicle owners.  Such a
    revision shall also be  submitted for each area that opts into the
    clean fuel-vehicle program as provided in part C of title II. 
       "(B) The  Administrator shall approve, as a  substitute for all
    or a  portion of the clean-fuel  vehicle program  prescribed under
    part C  of  title II,  any  revision  to the  relevant  applicable
    implementation  plan  that in  the  Administrator's judgment  will
    achieve  long-term  reductions in  ozone-producing  and  toxic air
    emissions equal  to those achieved  under part C  of title II,  or
    the  percentage  thereof  attributable  to  the   portion  of  the
    clean-fuel  vehicle   program  for  which   the  revision  is   to
    substitute. The  Administrator may approve  such revision only  if
    it consists  exclusively of provisions  other than those  required
    under  this Act for the  area. Any State seeking  approval of such
    revision must submit  the revision to the Administrator  within 24
    months of 
    the date  of the  enactment  of the  Clean Air  Act Amendments  of
    1990.  The Administrator  shall  approve  or disapprove  any  such
    revision  within 30  months of the  date of  the enactment  of the
    Clean Air Act Amendments of  1990. The Administrator shall publish
    the  revision submitted  by a State  in the  Federal Register upon
    receipt.  Such  notice  shall  constitute  a  notice  of  proposed
    rulemaking on  whether or not to  approve such  revision and shall
    be deemed  to comply with the  requirements concerning  notices of
    proposed  rulemaking contained  in  sections  553 through  557  of
    title  5  of  the  United  States  Code  (related  to  notice  and
    comment). Where the  Administrator approves such revision  for any
    area,  the  State   need  not  submit  the  revision  required  by
    subparagraph (A) for  the area with respect to the portions of the
    Federal  clean-fuel vehicle  program for  which the  Administrator
    has approved the revision as a substitute.  
       "(C) If  the Administrator determines, under  section 179, that
    the  State  has  failed  to  submit  any  portion  of  the program
    required  under  subparagraph  (A),  then,  in   addition  to  any
    sanctions available under section  179, the State may not  receive
    credit, in any  demonstration of attainment or  reasonable further
    progress  for   the  area,  for   any  emission  reductions   from
    implementation   of  the  corresponding  aspects  of  the  Federal
    clean-fuel vehicle  requirements established  in part  C of  title
    II. 
       "(5) Transportation control.-(A)  Beginning 6  years after  the
    date of the enactment of the Clean Air Act  Amendments of 1990 and
    each   third  year   thereafter,   the   State  shall   submit   a
    demonstration  as to  whether current  aggregate vehicle  mileage,
    aggregate  vehicle   emissions,  congestion   levels,  and   other
    relevant parameters are  consistent with those used for the area's
    demonstration of attainment. Where  such parameters and  emissions
    levels  exceed the  levels projected  for purposes  of the  area's
    attainment  demonstration,  the   State  shall  within  18  months
    develop and  submit a  revision of  the applicable  implementation
    plan  that  includes a  transportation  control  measures  program
    consisting of  measures from, but  not limited to, section  108(f)
    that  will  reduce emissions  to levels  that are  consistent with
    emission  levels projected in  such demonstration.  In considering
    such  measures,  the  State  should  ensure   adequate  access  to
    downtown, other  commercial,  and  residential  areas  and  should
    avoid measures that increase or relocate  emissions and congestion
    rather  than  reduce  them. Such  revision  shall be  developed in
    accordance with guidance  issued by the Administrator  pursuant to
    section  108(e) and with  the requirements  of section  174(b) and
    shall  include implementation and  funding schedules  that achieve
    expeditious    emissions    reductions    in    accordance    with
    implementation plan projections. 
       "(6) De  minimis rule.-The  new source review  provisions under
    this  part  shall  ensure that  increased  emissions  of  volatile
    organic  compounds  resulting  from any  physical  change  in,  or
    change in the  method of operation of, a stationary source located
    in  the area shall  not be considered  de minimis  for purposes of
    determining   the  applicability   of  the   permit   requirements
    established by  this Act unless the  increase in  net emissions of
    such air pollutant from such source does not exceed 25 tons 
    when  aggregated with  all other  net increases in  emissions from
    the source over any period  of 5 consecutive calendar  years which
    includes the calendar year in which such increase occurred. 
       "(7) Special  rule for  modifications of sources  emitting less
    than  100 tons.-In  the  case of  any  major stationary  source of
    volatile  organic  compounds  located in  the  area (other  than a
    source which emits  or has the potential to  emit 100 tons or more
    of volatile organic compounds per  year), whenever any change  (as
    described  in section  111(a)(4)) at  that source  results in  any
    increase  (other  than a  de  minimis  increase) in  emissions  of
    volatile organic compounds  from any discrete operation,  unit, or
    other pollutant  emitting activity  at the  source, such  increase
    shall  be  considered  a  modification  for  purposes  of  section
    172(c)(5) and section 173(a), except that such  increase shall not
    be  considered a  modification for such  purposes if  the owner or
    operator of the source elects to offset the increase  by a greater
    reduction in  emissions of  volatile  organic compounds  concerned
    from other operations,  units, or activities within the  source at
    an  internal offset ratio of  at least  1.3 to 1. If  the owner or
    operator  does  not  make  such  election,  such change  shall  be
    considered  a modification  for  such  purposes, but  in  applying
    section 173(a)(2) in the case  of any such modification,  the best
    available control  technology (BACT), as  defined in section  169,
    shall  be substituted  for  the  lowest achievable  emission  rate
    (LAER).  The  Administrator shall  establish and  publish policies
    and procedures for implementing the provisions  of this paragraph.

       "(8)  Special rule  for modifications  of sources  emitting 100
    tons or  more.-In  the case  of  any  major stationary  source  of
    volatile organic compounds  located in the area which emits or has
    the  potential  to emit  100  tons  or  more  of volatile  organic
    compounds per year,  whenever any change (as described  in section
    111(a)(4)) at  that source results in  any increase  (other than a
    de minimis  increase) in emissions  of volatile organic  compounds
    from any  discrete operation,  unit, or  other pollutant  emitting
    activity  at the  source,  such  increase shall  be  considered  a
    modification  for  purposes  of  section   172(c)(5)  and  section
    173(a), except that if the owner or operator of  the source elects
    to offset  the increase  by a  greater reduction  in emissions  of
    volatile  organic  compounds  from  other  operations,  units,  or
    activities  within the  source at an  internal offset  ratio of at
    least 1.3 to 1, the requirements of section 173(a)(2)  (concerning
    the lowest achievable emission rate (LAER)) shall not apply. 
       "(9)  Contingency provisions.-In  addition  to the  contingency
    provisions required  under section  172(c)(9),  the plan  revision
    shall  provide for  the implementation of  specific measures to be
    undertaken  if the  area fails  to meet  any applicable milestone.
    Such  measures  shall  be   included  in  the  plan   revision  as
    contingency measures to take effect  without further action by the
    State or the  Administrator upon  a failure by  the State to  meet
    the applicable milestone. 
       "(10)  General offset  requirement.-For purposes  of satisfying
    the emission offset  requirements of this part, the ratio of total
    emission reductions of volatile organic compounds to total 
    increase  emissions of such air pollutant shall be at least 1.2 to
    1. 
Any reference  to  `attainment  date'  in  subsection  (b),  which  is
incorporated by  reference into  this subsection,  shall refer to  the
attainment date for serious areas. 
    "(d) Severe Areas.-Each  State in  which all or  part of a  Severe
Area  is located  shall, with  respect  to the  Severe Area,  make the
submissions  described  under  subsection  (c)  (relating  to  Serious
Areas),  and  shall  also  submit  the  revisions  to  the  applicable
implementation plan  (including the  plan items) described  under this
subsection. For any Severe  Area, the terms `major source'  and `major
stationary  source' include (in  addition to the  sources described in
section  302) any stationary source or group of sources located within
a  contiguous area  and under  common control  that emits, or  has the
potential  to emit,  at least  25 tons  per year  of volatile  organic
compounds. 
       "(1) Vehicle  miles traveled.-(A) Within 2 years after the date
    of  enactment of the Clean  Air Act Amendments  of 1990, the State
    shall  submit  a  revision that  identifies  and  adopts  specific
    enforceable  transportation control  strategies and transportation
    control measures to  offset any growth in emissions from growth in
    vehicle miles  traveled or numbers of  vehicle trips  in such area
    and to attain  reduction in motor vehicle emissions  as necessary,
    in combination with other emission reduction  requirements of this
    subpart, to comply  with the requirements of  subsection (b)(2)(B)
    and  (c)(2)(B)   (pertaining  to   periodic  emissions   reduction
    requirements).  The  State  shall consider  measures  specified in
    section 108(f), and choose from among and implement  such measures
    as necessary to  demonstrate attainment with the  national ambient
    air quality  standards; in  considering such  measures, the  State
    should ensure adequate  access to downtown, other  commercial, and
    residential  areas and  should  avoid  measures that  increase  or
    relocate emissions and congestion rather than reduce them. 
       "(B) Within  2 years after the  date of enactment of  the Clean
    Air Act  Amendments of  1990, the  State shall  submit a  revision
    requiring employers in  such area to implement programs  to reduce
    work-related vehicle trips  and miles traveled by  employees. Such
    revision  shall be developed in accordance with guidance issued by
    the Administrator  pursuant to  section  108(f)  and shall,  at  a
    minimum, require  that each  employer of  100 or  more persons  in
    such  area increase  average passenger  occupancy  per vehicle  in
    commuting trips between home and the workplace during peak  travel
    periods by  not less  than 25  percent above  the average  vehicle
    occupancy for all such trips in the area at  the time the revision
    is  submitted.  The  guidance of  the  Administrator  may  specify
    average vehicle occupancy rates which vary for locations  within a
    nonattainment  area (suburban, center city,  business district) or
    among nonattainment areas reflecting existing occupancy rates  and
    the  availability of  high  occupancy  modes. The  revision  shall
    provide  that  each  employer  subject  to   a  vehicle  occupancy
    requirement shall  submit a  compliance plan within  2 years after
    the  date  the  revision is  submitted  which  shall  convincingly
    demonstrate compliance with the re-
    quirements  of this  paragraph not later  than 4  years after such
    date. 
       "(2)  Offset requirement.-For purposes of satisfying the offset
    requirements pursuant to  this part, the ratio  of total  emission
    reductions  of VOCs  to  total  increased emissions  of  such  air
    pollutant  shall be at least  1.3 to 1,  except that  if the State
    plan  requires all  existing major  sources  in the  nonattainment
    area  to use  best available  control  technology  (as defined  in
    section 169(3))  for the  control of  volatile organic  compounds,
    the ratio shall be at least 1.2 to 1. 
       "(3) Enforcement  under section 185.-By December  31, 2000, the
    State shall submit a  plan revision which includes  the provisions
    required under section 185.
Any reference to  the term `attainment date' in subsection (b) or (c),
which  is incorporated by  reference into  this subsection  (d), shall
refer to the attainment date for Severe Areas. 
    "(e) Extreme Areas.-Each State in which all or part of an  Extreme
Area is  located shall,  with respect to  the Extreme  Area, make  the
submissions described under subsection (d) (relating to Severe Areas),
and  shall also submit the revisions  to the applicable implementation
plan (including the  plan items) described under this  subsection. The
provisions  of  clause  (ii)  of  subsection  (c)(2)(B)  (relating  to
reductions of less than  3 percent), the provisions of  paragaphs (6),
(7) and  (8)  of  subsection (c)  (relating  to de  minimus  rule  and
modification  of  sources),  and  the  provisions  of  clause  (ii) of
subsection (b)(1)(A)  (relating to reductions of less than 15 percent)
shall not apply in the case of an Extreme Area. For any Extreme  Area,
the terms `major  source' and `major  stationary source' includes  (in
addition  to the  sources  described in  section  302) any  stationary
source or  group of sources located within a contiguous area and under
common  control that emits, or has the  potential to emit, at least 10
tons per year of volatile organic compounds. 
       "(1) Offset  requirement.-For purposes of satisfying the offset
    requirements pursuant to this  part, the  ratio of total  emission
    reductions  of  VOCs to  total  increased  emissions  of such  air
    pollutant  shall be at least  1.5 to 1,  except that  if the State
    plan  requires all  existing major  sources  in the  nonattainment
    area to  use  best  available control  technology  (as defined  in
    section 169(3))  for the  control of  volatile organic  compounds,
    the ratio shall be at least 1.2 to 1. 
       "(2)   Modifications-Any  change   (as  described   in  section
    111(a)(4))  at  a  major stationary  source  which results  in any
    increase in  emissions from any discrete operation, unit, or other
    pollutant emitting  activity at the source  shall be  considered a
    modification  for   purposes  of  section  172(c)(5)  and  section
    173(a),  except  that for  purposes of  complying with  the offset
    requirement pursuant  to  section  173(a)(1),  any  such  increase
    shall not  be considered a modification  if the  owner or operator
    of  the  source  elects  to  offset  the  increase  by  a  greater
    reduction in emissions  of the air pollutant concerned  from other
    discrete operations, units, or activities within the source at  an
    internal  offset  ratio  of  at   least  1.3  to  1.   The  offset
    requirements  of this  part shall  not  be  applicable in  Extreme
    Areas  to   a  modification   of  an  existing   source  if   such
    modification consists of installa-
    tion  of  equipment   required  to  comply  with   the  applicable
    implementation plan, permit, or this Act. 
       "(3)  Use of  clean fuels  or advanced  control technology.-For
    Extreme Areas, a plan revision  shall be submitted within  3 years
    after  the date of  the enactment of the  Clean Air Act Amendments
    of 1990  to require, effective 8 years  after such date, that each
    new, modified,  and existing electric  utility and industrial  and
    commercial boiler  which  emits more  than  25  tons per  year  of
    oxides of nitrogen- 
          "(A) burn  as its  primary fuel  natural  gas, methanol,  or
       ethanol (or a comparably low polluting fuel), or 
          "(B) use  advanced  control  technology (such  as  catalytic
       control   technology  or  other  comparably  effective  control
       methods) for reduction of emissions of oxides of nitrogen. 
    For purposes  of this  subsection, the  term `primary fuel'  means
    the fuel which  is used 90 percent or  more of the operating time.
    This  paragraph shall  not apply  during  any  natural gas  supply
    emergency (as defined in  title III of the Natural  Gas Policy Act
    of 1978). 
       "(4)  Traffic control measures  during heavy traffic hours.-For
    Extreme  Areas,  each  implementation  plan  revision  under  this
    subsection  may contain  provisions  establishing  traffic control
    measures applicable during  heavy traffic hours to reduce  the use
    of    high    polluting    vehicles   or    heavy-duty   vehicles,
    notwithstanding any other provision of law. 
       "(5)  New technologies.-The  Administrator  may, in  accordance
    with section  110, approve  provisions of  an implementation  plan
    for  an Extreme  Area which anticipate  development of new control
    techniques or improvement  of existing  control technologies,  and
    an  attainment demonstration  based  on  such provisions,  if  the
    State demonstrates to the satisfaction of  the Administrator that-

          "(A)  such  provisions  are  not  necessary  to  achieve the
       incremental  emission reductions required  during the  first 10
       years  after the  date of  the enactment of  the Clean  Air Act
       Amendments of 1990; and 
          "(B)  the  State has  submitted  enforceable  commitments to
       develop and adopt contingency measures to be implemented as set
       forth  herein if  the anticipated  technologies do  not achieve
       planned reductions. 
    Such contingency measures shall be submitted  to the Administrator
    no later than 3 years  before proposed implementation of  the plan
    provisions and  approved or  disapproved by  the Administrator  in
    accordance with  section 110.  The contingency  measures shall  be
    adequate   to   produce   emission   reductions   sufficient,   in
    conjunction with  other approved plan  provisions, to achieve  the
    periodic  emission  reductions required  by  subsection  (b)(1) or
    (c)(2)   and  attainment   by  the   applicable   dates.  If   the
    Administrator  determines  that  an Extreme  Area  has  failed  to
    achieve an emission reduction requirement set  forth in subsection
    (b)(1) or (c)(2),  and that such failure  is due in whole  or part
    to an  inability to fully  implement provisions approved  pursuant
    to this subsection, the Administrator shall require the State to 
    implement  the contingency  measures to  the  extent necessary  to
    assure compliance with subsections (b)(1) and (c)(2). 
Any reference to the term `attainment date' in subsection (b), (c), or
(d) which  is incorporated  by reference  into this subsection,  shall
refer to the attainment date for Extreme Areas. 
    "(f)  NOx  Requirements.-(1)  The plan  provisions  required under
this  subpart  for  major   stationary  sources  of  volatile  organic
compounds  shall also apply to major stationary sources (as defined in
section 302  and subsections  (c), (d),  and (e)  of this section)  of
oxides of  nitrogen. This subsection  shall not  apply in the  case of
oxides  of nitrogen  for  those sources  for  which the  Administrator
determines (when the  Administrator approves a plan or  plan revision)
that net air quality benefits are greater in the absence of reductions
of  oxides of  nitrogen from  the sources  concerned. This  subsection
shall also not apply in the case of oxides of nitrogen for- 
       "(A) nonattainment  areas not within an  ozone transport region
    under  section  184  if the  Administrator  determines  (when  the
    Administrator approves  a plan or  plan revision) that  additional
    reductions  of  oxides   of  nitrogen  would  not   contribute  to
    attainment  of the national ambient air quality standard for ozone
    in the area, or 
       "(B) nonattainment areas within  such an ozone transport region
    if the Administrator  determines (when the Administrator  approves
    a plan or plan revision)  that additional reductions of  oxides of
    nitrogen would not  produce net ozone air quality benefits in such
    region. 
The  Administrator  shall,  in  the   Administrator's  determinations,
consider the study required under section 185B. 
    "(2)(A) If the Administrator determines that  excess reductions in
emissions  of  NOx   would  be  achieved  under  paragraph   (1),  the
Administrator may limit the application of paragraph (1) to the extent
necessary to avoid achieving such excess reductions. 
    "(B)  For  purposes  of  this  paragraph,   excess  reductions  in
emissions of  NOx are emission reductions for  which the Administrator
determines that net air quality benefits are greater in the absence of
such reductions. Alternatively, for purposes of this paragraph, excess
reductions in emissions of NOx are, for- 
       "(i) nonattainment  areas not within an  ozone transport region
    under  section  184, emission  reductions  that the  Administrator
    determines  would not  contribute to  attainment  of the  national
    ambient air quality standard for ozone in the area, or 
       "(ii) nonattainment  areas within such ozone  transport region,
    emission reductions that  the Administrator  determines would  not
    produce net ozone air quality benefits in such region. 
    "(3) At  any time  after the  final report  under section  185B is
submitted to Congress, a  person may petition the Administrator  for a
determination  under  paragraph  (1)  or  (2)  with  respect   to  any
nonattainment  area or any  ozone transport region  under section 184.
The  Administrator shall grant or  deny such petition  within 6 months
after its filing with the Administrator. 
    "(g) Milestones.- 
       "(1)  Reductions in  emissions.-6 years after  the date  of the
    enactment of the Clean Air Amendments  of 1990 and at intervals of
    every 3 years thereafter, the State shall determine 
    whether each nonattainment area (other than an area  classified as
    Marginal  or  Moderate)  has achieved  a  reduction  in  emissions
    during the  preceding intervals equivalent  to the total  emission
    reductions  required to  be achieved by  the end  of such interval
    pursuant  to subsection (b)(1) and  the corresponding requirements
    of subsections  (c)(2) (B) and (C),  (d), and  (e). Such reduction
    shall be referred to in this section as an applicable milestone. 
       "(2)  Compliance  demonstration.-For  each  nonattainment  area
    referred to in  paragraph (1), not  later than 90  days after  the
    date  on which  an applicable  milestone occurs (not  including an
    attainment  date on  which a milestone  occurs in  cases where the
    standard has been attained),  each State in  which all or part  of
    such  area  is  located  shall   submit  to  the  Administrator  a
    demonstration that  the milestone  has been  met. A  demonstration
    under this paragraph shall be  submitted in such form  and manner,
    and  shall   contain  such  information   and  analysis,  as   the
    Administrator  shall require,  by  rule.  The Administrator  shall
    determine  whether or  not  a  State's demonstration  is  adequate
    within   90  days   after  the   Administrator's   receipt  of   a
    demonstration  which   contains  the   information  and   analysis
    required by the Administrator. 
       "(3) Serious and severe areas; state election.-If a State fails
    to submit a demonstration under  paragraph (2) for any  Serious or
    Severe Area  within the  required period  or if the  Administrator
    determines that  the area  has not  met any  applicable milestone,
    theStateshall elect,within90days aftersuchfailureor determination-
     
          "(A) to  have  the area  reclassified  to  the  next  higher
       classification, 
          "(B) to implement  specific additional measures adequate, as
       determined by the  Administrator, to meet the next milestone as
       provided in the applicable contingency plan, or 
          "(C) to adopt an economic incentive  program as described in
       paragraph (4). 
    If the  State  makes  an  election  under  subparagraph  (B),  the
    Administrator shall,  within 90  days after  the election,  review
    such  plan and  shall, if the  Administrator finds the contingency
    plan inadequate, require  further measures necessary to  meet such
    milestone. Once  the State makes an  election, it  shall be deemed
    accepted  by   the   Administrator   as   meeting   the   election
    requirement.  If the  State  fails to  make an  election  required
    under  this paragraph within the  required 90-day period or within
    6 months  thereafter, the area shall  be reclassified  to the next
    higher  classification by operation  of law  at the  expiration of
    such 6-month period.  Within 12 months after the date required for
    the State to make an  election, the State shall submit  a revision
    of the applicable  implementation plan for the area that meets the
    requirements of  this  paragraph. The  Administrator shall  review
    such  plan revision and approve or  disapprove the revision within
    9 months after the date of its submission. 
       "(4)  Economic  incentive  program.-(A)  An  economic incentive
    program  under  this  paragraph shall  be  consistent  with  rules
    published by the Administrator and sufficient, in combi-
    nation  with other elements of the State plan, to achieve the next
    milestone.  The  State program  may  include  a  nondiscriminatory
    system,   consistent  with  applicable  law  regarding  interstate
    commerce,  of  State established  emissions fees  or  a  system of
    marketable  permits,  or  a  system  of  State  fees  on  sale  or
    manufacture of  products  the use  of which  contributes to  ozone
    formation, or any combination  of the  foregoing or other  similar
    measures.   The   program   may   also   include  incentives   and
    requirements  to  reduce  vehicle  emissions   and  vehicle  miles
    traveled in the area, including any of the  transportation control
    measures identified in section 108(f) . 
       "(B)  Within 2  years after the  date of  the enactment  of the
    Clean Air Act Amendments of  1990, the Administrator shall publish
    rules  for the  programs to  be adopted  pursuant to  subparagraph
    (A). Such rules shall include  model plan provisions which  may be
    adopted for reducing emissions from  permitted stationary sources,
    area sources,  and mobile  sources. The  guidelines shall  require
    that  any  revenues  generated  by  the  plan  provisions  adopted
    pursuant to subparagraph  (A) shall be used  by the State  for any
    of the following: 
          "(i) Providing incentives for achieving emission reductions.

          "(ii) Providing assistance for the development of innovative
       technologies for the control of ozone air pollution and for the
       development of lower-polluting  solvents and surface  coatings.
       Such  assistance shall not provide for the payment of more than
       75 percent of either the costs of any project to develop such a
       technology  or the  costs of  development of  a lower-polluting
       solvent or surface coating. 
          "(iii) Funding  the administrative  costs of  State programs
       under  this Act. Not more than  50 percent of such revenues may
       be used for purposes of this clause. 
       "(5) Extreme areas.-If a State fails to  submit a demonstration
    under  paragraph (2)  for  any  Extreme Area  within  the required
    period, or if the Administrator  determines that the area  has not
    met any  applicable milestone,  the State shall,  within 9  months
    after  such failure  or determination,  submit a plan  revision to
    implement  an   economic  incentive   program   which  meets   the
    requirements  of  paragraph (4).  The  Administrator shall  review
    such  plan revision and approve or  disapprove the revision within
    9 months after the date of its submission. 
    "(h)  Rural   Transport  Areas.-(1)   Notwithstanding  any   other
provision of section 181 or this  section, a State containing an ozone
nonattainment area that does not include, and is  not adjacent to, any
part  of a  Metropolitan  Statistical Area  or,  where one  exists,  a
Consolidated Metropolitan  Statistical Area (as defined  by the United
States  Bureau  of  the   Census),  which  area  is  treated   by  the
Administrator, in the Administrator's discretion, as a rural transport
area  within the  meaning  of  paragraph  (2),  shall  be  treated  by
operation of law as satisfying the requirements of this  section if it
makes  the submissions required  under subsection (a)  of this section
(relating to marginal areas). 
    "(2) The Administrator  may treat an ozone nonattainment area as a
rural transport area if the Administrator finds that sources of 
VOC (and, where the  Administrator determines relevant, NOx) emissions
within  the area do not  make a significant  contribution to the ozone
concentrations measured in the area or in other areas. 
    "(i)  Reclassified   Areas.-Each   State   containing   an   ozone
nonattainment  area reclassified  under section  181(b)(2)  shall meet
such  requirements of subsections (b)  through (d) of  this section as
may  be applicable  to  the area  as  reclassified, according  to  the
schedules prescribed in connection with such requirements, except that
the  Administrator may  adjust  any applicable  deadlines (other  than
attainment  dates)  to  the extent  such  adjustment  is necessary  or
appropriate to assure consistency among the required submissions. 
    "(j) Multi-State Ozone Nonattainment Areas.- 
       "(1) Coordination  among states.-Each  State in which  there is
    located  a portion  of  a single  ozone nonattainment  area  which
    covers  more than one State  (hereinafter in this section referred
    to as a `multi-State ozone nonattainment area') shall-
          "(A) take all reasonable steps to coordinate,  substantively
       and procedurally,  the revisions  and implementation  of  State
       implementation  plans  applicable  to  the  nonattainment  area
       concerned; and 
          "(B) use photochemical grid modeling or any other analytical
       method determined  by the Administrator, in  his discretion, to
       be at least as effective. 
    The  Administrator  may  not  approve  any  revision  of  a  State
    implementation  plan submitted  under  this  part for  a  State in
    which part  of a multi-State ozone  nonattainment area  is located
    if  the  plan revision  for that  State fails  to comply  with the
    requirements of this subsection. 
       "(2) Failure  to demonstrate attainment.-If any  State in which
    there  is located a portion  of a  multi-State ozone nonattainment
    area  fails to  provide  a  demonstration  of  attainment  of  the
    national ambient  air quality standard  for ozone in that  portion
    within  the   required  period,   the  State   may  petition   the
    Administrator  to make  a finding that  the State  would have been
    able  to make such  demonstration but  for the  failure of  one or
    more other States in which  other portions of the area are located
    to  commit to  the implementation  of all measures  required under
    section 182  (relating to  plan submissions  and requirements  for
    ozone  nonattainment  areas).  If  the  Administrator  makes  such
    finding, the  provisions of  section 179  (relating to  sanctions)
    shall  not  apply,  by  reason   of  the  failure  to   make  such
    demonstration,   in  the   portion   of  the   multi-State   ozone
    nonattainment area within the State submitting such petition. 
"SEC. 183. FEDERAL OZONE MEASURES. 
    "(a)  Control  Techniques  Guidelines  for  VOC  Sources.-Within 3
years after the date of the enactment of the Clean  Air Act Amendments
of 1990, the Administrator  shall issue control techniques guidelines,
in  accordance  with section  108,  for  11  categories of  stationary
sources  of  VOC emissions  for which  such  guidelines have  not been
issued  as of  such date  of enactment,  not including  the categories
referred to  in  paragraphs (3)  and  (4) of  subsection  (b) of  this
section.   The  Administrator   may  issue  such   additional  control
techniques guidelines as the Administrator deems necessary. 
    "(b) Existing  and New CTGS.-(1) Within  36 months  after the date
of  the  enactment  of the  Clean  Air  Act  Amendments of  1990,  and
periodically  thereafter,  the  Administrator  shall  review  and,  if
necessary, update control technique  guidance issued under section 108
before the  date of the enactment  of the Clean Air  Act Amendments of
1990.  
    "(2)  In  issuing  the guidelines  the  Administrator  shall  give
priority to those categories which the Administrator considers to make
the  most  significant contribution  to  the  formation of  ozone  air
pollution  in  ozone nonattainment  areas,  including hazardous  waste
treatment, storage, and disposal  facilities which are permitted under
subtitle   C  of  the   Solid  Waste  Disposal   Act.  Thereafter  the
Administrator shall periodically review and, if necessary, revise such
guidelines.    "(3)  Within 3 years after the date of the enactment of
the  Clean Air Act Amendments  of 1990, the  Administrator shall issue
control techniques guidelines in accordance with section 108 to reduce
the aggregate emissions of volatile organic compounds into the ambient
air  from aerospace  coatings  and solvents.  Such control  techniques
guidelines  shall,  at  a minimum,  be  adequate  to reduce  aggregate
emissions  of volatile organic compounds into the ambient air from the
application  of  such  coatings and  solvents  to  such  level as  the
Administrator determines may  be achieved through the adoption of best
available  control measures.  Such control  technology guidance  shall
provide for such reductions  in such increments and on  such schedules
as  the Administrator  determines to  be reasonable,  but in  no event
later  than  10  years  after  the  final  issuance  of  such  control
technology  guidance. In developing  control technology guidance under
this subsection, the Administrator shall consult with the Secretary of
Defense, the Secretary of Transportation, and the Administrator of the
National  Aeronautics  and Space  Administration  with  regard to  the
establishment of  specifications for such coatings.  In evaluating VOC
reduction  strategies,  the  guidance  shall  take  into  account  the
applicable  requirements  of  section  112  and  the need  to  protect
stratospheric ozone. 
    "(4) Within 3 years  after the date of the enactment of  the Clean
Air  Act Amendments  of 1990,  the Administrator  shall issue  control
techniques guidelines in  accordance with  section 108  to reduce  the
aggregate  emissions of volatile organic compounds  and PM-10 into the
ambient air from  paints, coatings, and solvents used  in shipbuilding
operations and ship repair.  Such control techniques guidelines shall,
at  a minimum, be adequate  to reduce aggregate  emissions of volatile
organic  compounds and PM-10 into the ambient  air from the removal or
application  of such paints, coatings,  and solvents to  such level as
the Administrator determines may  be achieved through the adoption  of
the   best  available   control  measures.  Such   control  techniques
guidelines shall provide for such reductions in such increments and on
such  schedules as the Administrator determines  to be reasonable, but
in  no event  later than  10 years  after the  final issuance  of such
control   technology  guidance.   In  developing   control  techniques
guidelines under this subsection, the Administrator shall consult with
the appropriate Federal agencies. 
    "(c) Alternative  Control  Techniques.-Within  3 years  after  the
date of  the enactment of  the Clean Air  Act Amendments of  1990, the
Administrator  shall   issue   technical  documents   which   identify
alternative  controls  for all  categories  of  stationary sources  of
volatile  organic compounds and oxides of nitrogen which emit, or have
the potential to emit 25 tons per year or more of such  air pollutant.
The  Administrator shall  revise  and  update  such documents  as  the
Administrator determines necessary. 
    "(d)  Guidance  for  Evaluating Cost-Effectiveness.-Within  1 year
after the date  of the enactment  of the Clean  Air Act Amendments  of
1990, the Administrator  shall provide  guidance to the  States to  be
used in evaluating the  relative cost-effectiveness of various options
for the control of  emissions from existing stationary sources  of air
pollutants which  contribute to nonattainment of  the national ambient
air quality standards for ozone. 
    "(e) Control of Emissions From Certain Sources.- 
       "(1) Definitions.-For purposes of this subsection- 
          "(A)  Best  available  controls.-The  term  `best  available
       controls'  means the  degree  of emissions  reduction that  the
       Administrator  determines, on  the basis  of technological  and
       economic   feasibility,   health,  environmental,   and  energy
       impacts,  is achievable  through  the application  of the  most
       effective equipment,  measures, processes, methods,  systems or
       techniques,  including  chemical   reformulation,  product   or
       feedstock  substitution, repackaging,  and directions  for use,
       consumption, storage, or disposal. 
          "(B) Consumer or commercial  product.-The term `consumer  or
       commercial  product'  means any  substance,  product (including
       paints,  coatings, and  solvents),  or article  (including  any
       container  or   packaging)  held   by  any  person,   the  use,
       consumption, storage, disposal,  destruction, or  decomposition
       of  which  may  result  in  the  release  of  volatile  organic
       compounds.  The term does  not include fuels  or fuel additives
       regulated  under  section  211,  or  motor  vehicles,  non-road
       vehicles, and non-road engines as defined under section 216. 
          "(C) Regulatedentities.-The term `regulated entities' means-
        
            "(i)  manufacturers, processors,  wholesale  distributors,
          or importers of consumer or commercial products for sale  or
          distribution in interstate commerce in the United States; or

            "(ii) manufacturers,  processors, wholesale  distributors,
          or importers  that supply  the entities  listed under clause
          (i)  with   such  products  for   sale  or  distribution  in
          interstate commerce in the United States. 
       "(2) Study and report.- 
          "(A) Study.-The  Administrator shall conduct  a study of the
       emissions of  volatile organic  compounds into the  ambient air
       from  consumer  and  commercial products  (or  any  combination
       thereof) in order to- 
            "(i)  determine their  potential  to contribute  to  ozone
          levels  which  violate  the  national  ambient  air  quality
          standard for ozone; and 
            "(ii)  establish  criteria  for  regulating  consumer  and
          commercial products  or classes or  categories thereof which
          shall be subject to control under this subsection. 
       The study shall be completed and a report submitted to Congress
       not later than  3 years after the date of  the enactment of the
       Clean Air Act Amendments of 1990.  
          "(B) Consideration  of certain factors.-In establishing  the
       criteria  under subparagraph  (A)(ii), the  Administrator shall
       take into consideration each of the following: 
            "(i)  The  uses,   benefits,  and  commercial   demand  of
          consumer and commercial products. 
            "(ii)  The health or safety  functions (if  any) served by
          such consumer and commercial products. 
            "(iii) Those  consumer and commercial products  which emit
          highly reactive volatile organic compounds into  the ambient
          air. 
            "(iv) Those  consumer and  commercial  products which  are
          subject to the most cost-effective controls. 
            "(v) The  availability of  alternatives (if  any) to  such
          consumer  and commercial  products which  are  of comparable
          costs,  considering   health,  safety,   and   environmental
          impacts. 
       "(3) Regulations to require emission reductions.- 
          "(A) In  general.-Upon submission of  the final report under
       paragraph (2), the Administrator shall list those categories of
       consumer   or  commercial   products  that   the  Administrator
       determines, based on the study, account for at least 80 percent
       of  the VOC  emissions,  on a  reactivity-adjusted basis,  from
       consumer or commercial products in areas that violate the NAAQS
       for ozone.  Credit toward the 80  percent emissions calculation
       shall  be  given  for  emission  reductions  from  consumer  or
       commercial products  made after the  date of enactment  of this
       section. At such time, the Administrator shall  divide the list
       into 4  groups establishing priorities for  regulation based on
       the criteria  established in paragraph (2). Every 2 years after
       promulgating such  list, the Administrator  shall regulate  one
       group  of  categories until  all  4 groups  are  regulated. The
       regulations shall require best available controls as defined in
       this section.  Such regulations may exempt  health use products
       for  which the  Administrator determines  there is  no suitable
       substitute.   In  order   to  carry   out  this   section,  the
       Administrator  may,  by  regulation, control  or  prohibit  any
       activity,   including  the  manufacture  or  introduction  into
       commerce,  offering for  sale,  or  sale  of  any  consumer  or
       commercial  product  which  results  in  emission  of  volatile
       organic compounds into the ambient air. 
          "(B) Regulated entities.-Regulations  under this  subsection
       may be imposed only with respect to regulated entities. 
          "(C) Use of CTGS.-For any consumer or commercial product the
       Administrator  may issue  control  techniques guidelines  under
       this Act in lieu of regulations required under subparagraph (A)
       if the Administrator determines 
       that  such  guidance  will  be substantially  as  effective  as
       regulations in reducing emissions of volatile organic compounds
       which contribute  to ozone  levels in areas  which violate  the
       national ambient air quality standard for ozone. 
       "(4)   Systems  of   regulation.-The  regulations   under  this
    subsection may include  any system or systems of regulation as the
    Administrator  may deem  appropriate,  including  requirements for
    registration   and   labeling,  self-monitoring   and   reporting,
    prohibitions,  limitations,  or  economic  incentives   (including
    marketable  permits and auctions  of emissions  rights) concerning
    the manufacture,  processing, distribution,  use, consumption,  or
    disposal of the product. 
       "(5)  Special fund.-Any amounts  collected by the Administrator
    under  such regulations  shall be deposited  in a  special fund in
    the  United States  Treasury  for  licensing and  other  services,
    which thereafter  shall be  available until  expended, subject  to
    annual appropriation Acts, solely to  carry out the activities  of
    the Administrator  for which  such fees,  charges, or  collections
    are established or made.   "(6)     Enforcement.-Any    regulation
    established under this  subsection shall be treated,  for purposes
    of enforcement of  this Act, as a  standard under section 111  and
    any violation of such regulation  shall be treated as  a violation
    of a requirement of section 111(e). 
       "(7) State administration.-Each State may develop and submit to
    the Administrator  a procedure  under State  law for  implementing
    and enforcing  regulations promulgated under  this subsection.  If
    the  Administrator finds  the  State  procedure is  adequate,  the
    Administrator  shall  approve  such  procedure.  Nothing  in  this
    paragraph shall  prohibit  the  Administrator from  enforcing  any
    applicable regulations under this subsection. 
       "(8) Size,  etc.-No regulations  regarding the size,  shape, or
    labeling   of  a   product   may   be  promulgated,   unless   the
    Administrator determines such regulations to be  useful in meeting
    any national ambient air quality standard.  
       "(9) State  consultation.-Any State which  proposes regulations
    other than those adopted under this subsection  shall consult with
    the  Administrator regarding  whether  any  other State  or  local
    subdivision has promulgated or is promulgating  regulations on any
    products   covered  under  this   part.  The  Administrator  shall
    establish   a   clearinghouse   of   information,   studies,   and
    regulations proposed  and promulgated  regarding products  covered
    under this subsection  and disseminate such information  collected
    as requested by State or local subdivisions. 
    "(f) Tank Vessel Standards.- 
       "(1) Schedule for standards.-(A) Within  2 years after the date
    of  the enactment of  the Clean  Air Act  Amendments of  1990, the
    Administrator,  in   consultation  with  the   Secretary  of   the
    Department  in   which  the  Coast   Guard  is  operating,   shall
    promulgate standards applicable  to the emission of  VOCs and  any
    other air  pollutant from  loading and unloading  of tank  vessels
    (as  that term  is defined  in  section 2101  of  title 46  of the
    United  States Code)  which  the  Administrator finds  causes,  or
    contributes to, air pollution that may be reasonably anticipated 
    to  endanger  public  health  or  welfare.  Such  standards  shall
    require   the   application  of   reasonably   available   control
    technology,   considering  costs,   any  nonair-quality  benefits,
    environmental impacts,  energy  requirements  and  safety  factors
    associated  with  alternative control  techniques.  To  the extent
    practicable such  standards shall apply  to loading and  unloading
    facilities and not to tank vessels. 
       "(B) Any  regulation prescribed under this  subsection (and any
    revision  thereof) shall  take  effect after  such period  as  the
    Administrator finds (after consultation with the  Secretary of the
    department  in which  the Coast  Guard is  operating) necessary to
    permit   the  development   and  application   of   the  requisite
    technology,  giving  appropriate  consideration  to  the  cost  of
    compliance  within such  period, except  that  the effective  date
    shall  not  be  more  than  2  years  after  promulgation  of such
    regulations. 
       "(2) Regulations on equipment safety.-Within 6 months after the
    date of  the enactment of  the Clean  Air Act Amendments  of 1990,
    the Secretary  of  the Department  in  which  the Coast  Guard  is
    operating  shall issue  regulations  to ensure  the safety  of the
    equipment and operations which  are to control emissions  from the
    loading  and  unloading of  tank vessels,  under  section  3703 of
    title 46 of the United States Code and section  6 of the Ports and
    Waterways Safety Act  (33 U.S.C. 1225). The  standards promulgated
    by  the Administrator  under  paragraph  (1) and  the  regulations
    issued by  a State  or political  subdivision regarding  emissions
    from  the  loading   and  unloading  of  tank  vessels   shall  be
    consistent   with  the   regulations  regarding   safety  of   the
    Department in which the Coast Guard is operating. 
       "(3)  Agency  authority.-(A)  The  Administrator  shall  ensure
    compliance  with the  tank  vessel  emission standards  prescribed
    under paragraph (1)(A).  The Secretary of the Department  in which
    the Coast  Guard is  operating shall  also ensure compliance  with
    the tank vessel standards prescribed under paragraph (1)(A).  
       "(B) The Secretary of  the Department in which the  Coast Guard
    is operating shall  ensure compliance with the  regulations issued
    under paragraph (2). 
       "(4)   State  or   local  standards.-After   the  Administrator
    promulgates standards  under this section,  no State or  political
    subdivision  thereof may adopt or attempt  to enforce any standard
    respecting  emissions  from  tank  vessels subject  to  regulation
    under paragraph  (1)  unless such  standard is  no less  stringent
    than the standards promulgated under paragraph (1). 
       "(5)  Enforcement.-Any  standard  established  under  paragraph
    (1)(A) shall be  treated, for purposes of enforcement of this Act,
    as  a  standard  under  section  111  and  any  violation  of such
    standard  shall be  treated  as a  violation  of a  requirement of
    section 111(e). 
    "(g) Ozone Design  Value Study.-The Administrator shall  conduct a
study  of  whether  the  methodology   in  use  by  the  Environmental
Protection Agency as of the date of the enactment of the Clean Air Act
Amendments  of 1990 for establishing a design value for ozone provides
a reasonable indicator of the ozone air quality of 
ozone nonattainment  areas. The Administrator shall  obtain input from
States, local  subdivisions thereof, and  others. The  study shall  be
completed and a  report submitted to Congress  not later than  3 years
after the date  of the enactment  of the Clean  Air Act Amendments  of
1990. The  results of the  study shall be  subject to peer  and public
review before submitting it to Congress. 
"SEC. 184. CONTROL OF INTERSTATE OZONE AIR POLLUTION. 
    "(a) Ozone Transport Regions.-A single transport  region for ozone
(within  the meaning of section  176A(a)), comprised of  the States of
Connecticut,  Delaware, Maine, Maryland, Massachusetts, New Hampshire,
New Jersey,  New York, Pennsylvania,  Rhode Island,  Vermont, and  the
Consolidated Metropolitan  Statistical Area that includes the District
of Columbia, is hereby established by operation of law. The provisions
of  section  176A(a) (1)  and  (2)  shall apply  with  respect to  the
transport  region  established  under   this  section  and  any  other
transport  region   established  for  ozone,  except   to  the  extent
inconsistent with  the provisions  of this section.  The Administrator
shall convene  the commission  required (under  section 176A(b))  as a
result of the establishment of such region within 6 months of the date
of the enactment of the Clean Air Act Amendments of 1990. 
    "(b) Plan  Provisions for States  in Ozone Transport  Regions.-(1)
In accordance with section 110, not later than 2 years  after the date
of the enactment of the Clean Air  Act Amendments of 1990 (or 9 months
after  the subsequent  inclusion  of a  State  in a  transport  region
established for ozone), each State included within a transport  region
established for  ozone shall  submit a  State  implementation plan  or
revision thereof to the Administrator which requires the following- 
       "(A) that each area in such State that is in an ozone transport
    region,  and  that  is  a metropolitan  statistical  area  or part
    thereof  with a  population  of 100,000  or  more comply  with the
    provisions  of  section  182(c)(2)(A)   (pertaining  to   enhanced
    vehicle inspection and maintenance programs); and 
       "(B) implementation of reasonably available  control technology
    with respect to all sources  of volatile organic compounds  in the
    State covered by a control  techniques guideline issued before  or
    after the date of  the enactment of the  Clean Air Act  Amendments
    of 1990.  
    "(2) Within 3 years  after the date of the enactment of  the Clean
Air Act Amendments of  1990, the Administrator shall complete  a study
identifying control  measures capable of achieving emission reductions
comparable to  those  achievable through  vehicle  refueling  controls
contained in  section  182(b)(3), and  such measures  or such  vehicle
refueling  controls  shall  be  implemented  in  accordance  with  the
provisions of  this section.  Notwithstanding other deadlines  in this
section,  the  applicable  implementation  plan shall  be  revised  to
reflect  such measures within 1  year of completion  of the study. For
purposes of this section any stationary  source that emits or has  the
potential  to emit  at  least 50  tons per  year  of volatile  organic
compounds shall be considered a major stationary source and subject to
the requirements which would be applicable to major stationary 
sources if the area were classified as a Moderate nonattainment area. 
    "(c) Additional Control Measures.- 
       "(1) Recommendations.-Upon  petition  of  any  State  within  a
    transport region established  for ozone, and based  on a  majority
    vote of the  Governors on the Commission (or their designees), the
    Commission may, after  notice and opportunity for  public comment,
    develop  recommendations for  additional  control measures  to  be
    applied  within all  or a  part of  such  transport region  if the
    commission determines  such measures  are necessary  to bring  any
    area in such region into attainment by the  dates provided by this
    subpart.  The  commission shall  transmit such  recommendations to
    the Administrator. 
       "(2)  Notice  and review.-Whenever  the  Administrator receives
    recommendations  prepared by  a commission  pursuant to  paragraph
    (1) (the  date  of receipt  of  which  shall hereinafter  in  this
    sectionbe referredto asthe `receiptdate'), theAdministrator shall-
     
          "(A) immediately  publish in  the Federal  Register a notice
       stating that  the recommendations are available  and provide an
       opportunity for public hearing within 90 days beginning  on the
       receipt date; and 
          "(B) commence  a review of  the recommendations to determine
       whether  the  control  measures   in  the  recommendations  are
       necessary to bring any  area in such region into  attainment by
       the dates provided by this subpart and are otherwise consistent
       with this Act. 
       "(3) Consultation.-In  undertaking  the review  required  under
    paragraph (2)(B), the Administrator shall consult  with members of
    the commission of  the affected States and shall take into account
    the  data, views,  and  comments  received pursuant  to  paragraph
    (2)(A). 
       "(4)  Approval  and  disapproval.-Within  9  months  after  the
    receipt date,  the Administrator  shall (A)  determine whether  to
    approve,  disapprove,  or  partially   disapprove  and   partially
    approve the recommendations; (B) notify the  commission in writing
    of such  approval, disapproval,  or partial  disapproval; and  (C)
    publish  such  determination  in  the  Federal  Register.  If  the
    Administrator    disapproves   or    partially   disapproves   the
    recommendations, the Administrator shall specify- 
          "(i) why any disapproved additional control measures are not
       necessary to bring any  area in such region into  attainment by
       the  dates  provided  by  this  subpart  or are  otherwise  not
       consistent with the Act; and 
          "(ii)  recommendations concerning  equal  or  more effective
       actions  that could be taken  by the commission  to conform the
       disapproved portion of the recommendations  to the requirements
       of this section. 
       "(5)   Finding.-Upon   approval   or   partial    approval   of
    recommendations  submitted  by  a  commission,  the  Administrator
    shall  issue to  each  State which  is  included in  the transport
    region and  to which a requirement of the approved plan applies, a
    finding under section  110(k)(5) that the implementation  plan for
    such State is inadequate to meet the requirements of 
    section 110(a)(2)(D). Such  finding shall require each  such State
    to  revise  its  implementation  plan  to   include  the  approved
    additional control measures within  one year after the  finding is
    issued. 
    "(d) Best  Available  Air  Quality  Monitoring  and  Modeling.-For
purposes of  this section, not later  than 6 months after  the date of
the  enactment  of  the   Clean  Air  Act  Amendments  of   1990,  the
Administrator shall  promulgate criteria for  purposes of  determining
the contribution of sources  in one area to concentrations of ozone in
another  area which is a  nonattainment area for  ozone. Such criteria
shall  require that  the  best available  air  quality monitoring  and
modeling   techniques   be   used   for  purposes   of   making   such
determinations. 
"SEC.  185. ENFORCEMENT  FOR  SEVERE AND  EXTREME OZONE  NONATTAINMENT
AREAS FOR FAILURE             TO ATTAIN. 
    "(a) General  Rule.-Each  implementation  plan  revision  required
under section  182 (d) and  (e) (relating to  the attainment  plan for
Severe and Extreme  ozone nonattainment areas) shall  provide that, if
the area to which such plan revision applies has failed  to attain the
national  primary  ambient  air  quality  standard  for  ozone by  the
applicable  attainment  date, each  major  stationary  source of  VOCs
located  in  the  area  shall,  except  as  otherwise  provided  under
subsection (c), pay a fee to the  State as a penalty for such failure,
computed  in accordance with  subsection (b),  for each  calendar year
beginning after the attainment date, until the area is redesignated as
an attainment area for  ozone. Each such plan revision  should include
procedures for assessment and collection of such fees. 
    "(b) Computation of Fee.- 
       "(1)  Fee  amount.-The  fee  shall equal  $5,000,  adjusted  in
    accordance  with paragraph  (3),  per ton  of  VOC emitted  by the
    source during the  calendar year in  excess of 80  percent of  the
    baseline amount, computed under paragraph (2). 
       "(2)  Baseline   amount.-For  purposes  of  this  section,  the
    baseline  amount  shall  be  computed,  in  accordance  with  such
    guidance  as the  Administrator may provide,  as the  lower of the
    amount  of  actual  VOC emissions  (`actuals')  or  VOC  emissions
    allowed under the permit applicable to the source  (or, if no such
    permit has been issued for the attainment year, the  amount of VOC
    emissions  allowed   under  the   applicable  implementation  plan
    (`allowables')) during  the attainment  year. Notwithstanding  the
    preceding   sentence,  the   Administrator  may   issue   guidance
    authorizing the  baseline amount  to be  determined in  accordance
    with  the  lower   of  average  actuals  or   average  allowables,
    determined over  a period  of more  than one  calendar year.  Such
    guidance may provide that such average calculation  for a specific
    source  may  be used  if  that source's  emissions are  irregular,
    cyclical, or otherwise vary significantly from year to year. 
       "(3) Annual  adjustment.-The  fee amount  under  paragraph  (1)
    shall be adjusted annually, beginning  in the year beginning after
    the year of enactment, in accordance  with section 502(b)(3)(B)(v)
    (relating to inflation adjustment). 
    "(c) Exception.-Notwithstanding  any provision of this section, no
source shall be required to pay any fee under subsection (a) with 
respect to  emissions during any year that  is treated as an Extension
Year under section 181(a)(5). 
    "(d) Fee  Collection by  the  Administrator.-If the  Administrator
has found  that the fee provisions  of the implementation plan  do not
meet the requirements of this section, or if the Administrator makes a
finding  that the  State is  not administering  and enforcing  the fee
required under  this section, the Administrator shall,  in addition to
any other action authorized  under this title, collect, in  accordance
with  procedures promulgated  by  the Administrator,  the unpaid  fees
required  under  subsection (a).  If  the Administrator  makes  such a
finding under  section 179(a)(4),  the Administrator may  collect fees
for  periods  before  the  determination, plus  interest  computed  in
accordance with  section 6621(a)(2)  of the  Internal Revenue Code  of
1986 (relating to  computation of interest on  underpayment of Federal
taxes), to the extent the Administrator  finds such fees have not been
paid to the  State. The provisions  of clauses  (ii) through (iii)  of
section 502(b)(3)(C)  (relating to  penalties and  use  of the  funds,
respectively) shall  apply with respect  to fees collected  under this
subsection. 
    "(e) Exemptions for  Certain Small  Areas.-For areas with  a total
population  under 200,000  which fail  to attain  the standard  by the
applicable attainment date,  no sanction under  this section or  under
any  other  provision  of  this  Act  shall  apply  if  the  area  can
demonstrate, consistent  with guidance  issued  by the  Administrator,
that attainment  in the  area is prevented  because of ozone  or ozone
precursors transported from other  areas. The prohibition applies only
in cases in  which the area has  met all requirements and  implemented
all measures applicable to the area under this Act. 
"SEC. 185A. TRANSITIONAL AREAS. 
    "If an area  designated as an ozone  nonattainment area as  of the
date  of enactment  of the Clean  Air Act  Amendments of  1990 has not
violated the national  primary ambient air quality  standard for ozone
for the 36-month period commencing  on January 1, 1987, and ending  on
December 31, 1989, the Administrator shall suspend the application  of
the requirements of this subpart to such area until December 31, 1991.
By June 30, 1992, the Administrator shall determine by order, based on
the area's  design value as of  the attainment date, whether  the area
attained  such standard  by  December 31,  1991. If  the Administrator
determines  that the  area  attained the  standard, the  Administrator
shall require, as part of the order, the State to submit a maintenance
plan  for the  area within  12 months  of  such determination.  If the
Administrator determines that the area failed to  attain the standard,
the  Administrator  shall, by  June 30,  1992,  designate the  area as
nonattainment under section 107(d)(4). 
"SEC. 185B. NOx AND VOC STUDY. 
    "The Administrator,  in conjunction with  the National Academy  of
Sciences, shall  conduct a  study on the  role of ozone  precursors in
tropospheric  ozone formation and control. The study shall examine the
roles of NOx  and VOC  emission reductions,  the extent  to which  NOx
reductions may contribute (or  be counterproductive) to achievement of
attainment in different nonattainment  areas, the sensitivity of ozone
to the control of NOx, the availability and extent of con-
trols for  NOx, the  role  of biogenic  VOC emissions,  and the  basic
information required  for  air  quality  models. The  study  shall  be
completed and a proposed report made public for 30 days comment within
1 year of the date of the enactment of the Clean Air Act Amendments of
1990, and a  final report  shall be  submitted to  Congress within  15
months after such date of  enactment. The Administrator shall  utilize
all available  information and studies, as well  as develop additional
information, in conducting the study required by this section.". 
SEC.  104. ADDITIONAL  PROVISIONS  FOR  CARBON MONOXIDE  NONATTAINMENT
AREAS. 
    Part D  of title I of the  Clean Air Act is  amended by adding the
following new subpart at the end: 

  "Subpart 3-Additional Provisions for Carbon Monoxide Nonattainment
Areas 

"Sec. 186. Classifications and attainment dates. 
"Sec. 187. Plan submissions and requirements. 
"SEC. 186. CLASSIFICATION AND ATTAINMENT DATES. 
    "(a) Classification  by Operation of Law  and Attainment Dates for
Nonattainment Areas.-(1) Each area designated nonattainment for carbon
monoxide pursuant to section 107(d) shall be classified at the time of
such designation under  table 1, by  operation of law,  as a  Moderate
Area or a  Serious Area based  on the design  value for the area.  The
design  value  shall be  calculated  according  to the  interpretation
methodology issued  by the Administrator most recently before the date
of  the enactment of  the Clean Air  Act Amendments of  1990. For each
area classified under this subsection, the primary standard attainment
date  for carbon monoxide shall be as expeditiously as practicable but
not later than the date provided in table 1: 
 
                               "TABLE 3
                                                 Primary standard  
Area classification    Design value            Attainment date

Moderate........... 9.1-16.4 ppm..............   December 31, 1995 
Serious............ 16.5 and above............   December 31, 2000 
 
    "(2)  At the  time  of publication  of  the notice  required under
section  107 (designating  carbon monoxide  nonattainment  areas), the
Administrator shall publish a  notice announcing the classification of
each  such  carbon  monoxide  nonattainment area.  The  provisions  of
section  172(a)(1)(B)  (relating  to  lack  of  notice-and-comment and
judicial review) shall apply with respect to such classification. 
    "(3)  If an  area classified under  paragraph (1),  table 1, would
have  been classified in another  category if the  design value in the
area were 5 percent greater or 5 percent less  than the level on which
such  classification   was  based,  the  Administrator   may,  in  the
Administrator's  discretion,  within 90  days  after the  date  of the
enactment of  the Clean Air  Act Amendments of  1990 by  the procedure
required under paragraph (2), adjust  the classification of the  area.
In making  such adjustment, the Administrator may  consider the number
of exceedances  of the national  primary ambient air  quality standard
for carbon monoxide in the area, the level of pollution 
transport between  the area and the other  affected areas, and the mix
of  sources and air pollutants in the area. The Administrator may make
the same adjustment  for purposes of paragraphs (2), (3), (6), and (7)
of section 187(a). 
    "(4) Upon application  by any State, the Administrator  may extend
for 1 additional year (hereinafter in this subpart referred  to as the
`Extension Year') the date specified in table 1 of subsection (a) if- 
       "(A)  the   State  has  complied  with   all  requirements  and
    commitments   pertaining   to   the   area   in   the   applicable
    implementation plan, and 
       "(B)  no more than one  exceedance of the  national ambient air
    quality standard level  for carbon  monoxide has  occurred in  the
    area in the year preceding the Extension Year. 
No more than  2 one-year extensions may be issued under this paragraph
for a single nonattainment area. 
    "(b) New Designations and Reclassifications.- 
       "(1)  New  designations  to  nonattainment.-Any  area  that  is
    designated attainment or unclassifiable for carbon  monoxide under
    section  107(d)(4),  and  that  is  subsequently  redesignated  to
    nonattainment for carbon monoxide under section 107(d)(3),  shall,
    at the  time of the redesignation,  be classified  by operation of
    law  in  accordance  with table  1  under  subsections  (a)(1) and
    (a)(4). Upon its  classification, the area shall be subject to the
    same requirements under section 110,  subpart 1 of this  part, and
    this  subpart  that  would  have  applied  had  the  area  been so
    classified at  the time  of the  notice  under subsection  (a)(2),
    except  that any  absolute, fixed  date  applicable in  connection
    with any such  requirement is  extended by operation  of law by  a
    period  equal  to the  length  of  time between  the  date  of the
    enactment  of the Clean  Air Act Amendments  of 1990  and the date
    the area is classified. 
    "(2) Reclassification of moderate areas upon failure to attain.- 
       "(A)  General rule.-Within  6  months following  the applicable
    attainment  date for  a carbon  monoxide  nonattainment area,  the
    Administrator shall  determine, based on  the area's design  value
    as  of the  attainment  date, whether  the  area has  attained the
    standard  by that  date. Any Moderate  Area that the Administrator
    finds  has  not  attained  the  standard  by  that  date  shall be
    reclassified  by operation  of law in  accordance with  table 1 of
    subsection (a)(1) as a Serious Area. 
       "(B)  Publication of notice.-The  Administrator shall publish a
    notice in the Federal Register,  no later than 6  months following
    the attainment date, identifying each area  that the Administrator
    has  determined,  under  subparagraph (A),  as  having  failed  to
    attain and  identifying the  reclassification,  if any,  described
    under subparagraph (A). 
    "(c) References  to  Terms.-Any  reference in  this  subpart to  a
`Moderate Area' or a `Serious Area' shall be considered a reference to
a Moderate Area or  a Serious Area, respectively, as  classified under
this section. 
"SEC. 187. PLAN SUBMISSIONS AND REQUIREMENTS. 
    "(a)  Moderate  Areas.-Each  State  in  which  all  or  part  of a
Moderate Area is  located shall, with respect to the Moderate Area (or
portion   thereof,  to  the  extent   specified  in  guidance  of  the
Administrator issued before the date of the enactment of the Clean Air
Act  Amendments  of  1990),  submit  to  the Administrator  the  State
implementation  plan revisions  (including the  plan items)  described
under  this subsection,  within such  periods as are  prescribed under
this  subsection, except  to  the  extent  the  State  has  made  such
submissions as of such date of enactment: 
       "(1)  Inventory.-No later  than 2  years from  the date  of the
    enactment  of the  Clean  Air Act  Amendments  of 1990,  the State
    shall  submit  a  comprehensive,  accurate, current  inventory  of
    actual  emissions  from  all  sources,  as  described  in  section
    172(c)(3),  in   accordance   with   guidance  provided   by   the
    Administrator.
       "(2)(A) Vehicle miles traveled.-No later than 2 years after the
    date of  the enactment of  the Clean  Air Act Amendments  of 1990,
    for  areas  with a  design  value above  12.7 ppm  at the  time of
    classification,  the plan  revision shall  contain  a forecast  of
    vehicle miles  traveled in  the nonattainment  area concerned  for
    each year before the year in which the plan projects  the national
    ambient air  quality standard for  carbon monoxide to be  attained
    in the area. The forecast  shall be based on guidance  which shall
    be  published  by  the Administrator,  in  consultation  with  the
    Secretary  of Transportation, within  6 months  after the  date of
    the  enactment of the  Clean Air Act Amendments  of 1990. The plan
    revision shall provide for annual  updates of the forecasts  to be
    submitted  to  the  Administrator  together  with  annual  reports
    regarding  the  extent  to  which  such  forecasts  proved  to  be
    accurate. Such  annual reports shall  contain estimates of  actual
    vehicle  miles traveled  in  each year  for  which a  forecast was
    required. 
       "(B)  Special rule for denver.-Within 2 years after the date of
    the  enactment of the  Clean Air  Act Amendments  of 1990,  in the
    case of  Denver, the State shall  submit a  revision that includes
    the  transportation  control  measures  as   required  in  section
    182(d)(1)(A) except that  such revision  shall be for  the purpose
    of reducing  CO emissions  rather than  volatile organic  compound
    emissions.  If the  State fails to  include any  such measure, the
    implementation  plan shall  contain  an  explanation of  why  such
    measure  was not adopted and  what emissions reduction measure was
    adopted  to  provide  a  comparable  reduction  in  emissions,  or
    reasons  why  such  reduction  is  not  necessary  to  attain  the
    national   primary  ambient  air   quality  standard   for  carbon
    monoxide. 
       "(3) Contingency  provisions.-No later  than 2 years  after the
    date of  the enactment of  the Clean Air  Act Amendments of  1990,
    for  areas  with a  design  value above  12.7 ppm  at the  time of
    classification,   the  plan   revision   shall  provide   for  the
    implementation  of  specific  measures to  be  undertaken  if  any
    estimate of vehicle  miles traveled in the area which is submitted
    in an  annual  report  under  paragraph  (2)  exceeds  the  number
    predicted in the most  recent prior forecast or if the  area fails
    to attain 
    the  national primary  ambient  air  quality standard  for  carbon
    monoxide by  the primary standard  attainment date. Such  measures
    shall be included  in the plan revision as contingency measures to
    take  effect  without   further  action  by  the   State  or   the
    Administrator  if the  prior  forecast  has been  exceeded  by  an
    updated forecast  or if the national  standard is  not attained by
    such deadline. 
       "(4)  Savings clause  for  vehicle inspection  and  maintenance
    provisions  of  the  state implementation  plan.-Immediately after
    the  date of  the enactment  of the  Clean Air  Act Amendments  of
    1990,  for  any  Moderate Area  (or,  within  the  Administrator's
    discretion, portion  thereof), the plan for  which is  of the type
    described  in  section  182(a)(2)(B) any  provisions  necessary to
    ensure  that  the  applicable  implementation  plan  includes  the
    vehicle inspection and  maintenance program  described in  section
    182(a)(2)(B). 
       "(5) Periodic inventory.-No later  than September 30, 1995, and
    no later than the end  of each 3 year period thereafter, until the
    area is  redesignated to attainment,  a revised inventory  meeting
    the requirements of subsection (a)(1). 
       "(6) Enhanced vehicle inspection and maintenance.-No later than
    2 years  after the  date of  the enactment  of the  Clean Air  Act
    Amendments  of 1990 in  the case  of Moderate Areas  with a design
    value  greater than  12.7  ppm at  the  time of  classification, a
    revision   that  includes  provisions   for  an  enhanced  vehicle
    inspection   and  maintenance  program  as   required  in  section
    182(c)(3) (concerning  serious ozone  nonattainment areas), except
    that such  program shall  be for  the purpose  of reducing  carbon
    monoxide rather than hydrocarbon emissions. 
       "(7)  Attainment  demonstration  and  specific  annual emission
    reductions.-In  the case  of Moderate  Areas with  a  design value
    greater than  12.7 ppm  at the  time of  classification, no  later
    than 2 years after the date  of the enactment of the Clean Air Act
    Amendments of  1990, a  revision to  provide, and  a demonstration
    that  the plan  as  revised will  provide,  for attainment  of the
    carbon  monoxide  NAAQS  by the  applicable  attainment  date  and
    provisions for  such specific  annual emission  reductions as  are
    necessary to attain the standard by that date. 
The  Administrator  may, in  the  Administrator's  discretion, require
States  to submit a  schedule for submitting  any of the  revisions or
other  items required under this  subsection. In the  case of Moderate
Areas  with a  design  value of  12.7  ppm or  lower  at  the time  of
classification,  the requirements  of this  subsection shall  apply in
lieu of any requirement that the State submit a demonstration that the
applicable implementation  plan provides for attainment  of the carbon
monoxide standard by the applicable attainment date. 
    "(b) Serious Areas.- 
       "(1) In general.-Each  State in which all or  part of a Serious
    Area is located shall, with respect to the Serious  Area, make the
    submissions   (other   than  those   required   under   subsection
    (a)(1)(B)) applicable under subsection (a) to  Moderate Areas with
    a  design  value   of  12.7  ppm  or   greater  at  the   time  of
    classification,  and shall  also  submit  the revision  and  other
    items described under this subsection. 
       "(2) Vehicle miles traveled.-Within  2 years after the  date of
    the enactment  of the Clean Air  Act Amendments of  1990 the State
    shall submit a  revision that includes the  transportation control
    measures  as  required  in  section  182(d)(1)  except  that  such
    revision shall be  for the purpose of reducing CO emissions rather
    than volatile organic  compound emissions. In the case of any such
    area  (other than an  area in  New York State)  which is a covered
    area (as  defined in  section 246(a)(2)(B))  for  purposes of  the
    Clean Fuel Fleet  program under part C  of title II, if  the State
    fails to include any  such measure, the implementation plan  shall
    contain  an explanation  of why such  measure was  not adopted and
    what  emissions  reduction  measure  was  adopted   to  provide  a
    comparable reduction in  emissions, or reasons why  such reduction
    is  not necessary  to  attain  the national  primary  ambient  air
    quality standard for carbon monoxide. 
       "(3) Oxygenated gasoline.-(A) Within 2 years after the date  of
    the enactment  of the Clean Air Act  Amendments of 1990, the State
    shall submit a  revision to require that gasoline  sold, supplied,
    offered for sale  or supply, dispensed, transported  or introduced
    into commerce in the larger of- 
          "(i)  the Consolidated  Metropolitan  Statistical  Area  (as
       defined  by the United States  Office of Management and Budget)
       (CMSA) in which the area is located, or 
          "(ii) if the area is not located in a CMSA, the Metropolitan
       Statistical  Area (as  defined by the  United States  Office of
       Management and Budget) in which the area is located,  
    be blended, during  the portion of the  year in which the  area is
    prone  to  high  ambient concentrations  of  carbon  monoxide  (as
    determined  by  the  Administrator),  with  fuels containing  such
    level  of  oxygen  as  is  necessary,  in  combination  with other
    measures,  to  provide  for  attainment  of  the  carbon  monoxide
    national   ambient   air  quality   standard  by   the  applicable
    attainment  date  and  maintenance of  the  national  ambient  air
    quality  standard  thereafter  in the  area.  The  revision  shall
    provide that  such requirement  shall take  effect  no later  than
    October 1,  1993, and shall  include a program for  implementation
    and enforcement of the requirement consistent with guidance  to be
    issued by the Administrator. 
       "(B)  Notwithstanding subparagraph (A),  the revision described
    in this paragraph  shall not be required for  an area if the State
    demonstrates to  the satisfaction  of the  Administrator that  the
    revision is not  necessary to provide for attainment of the carbon
    monoxide national ambient  air quality standard by  the applicable
    attainment  date  and  maintenance of  the  national  ambient  air
    quality standard thereafter in the area.  
    "(c) Areas With Significant Stationary Source Emissions of CO.- 
       "(1)  Serious areas.-In  the  case of  Serious  Areas in  which
    stationary  sources  contribute  significantly to  carbon monoxide
    levels (as  determined under rules  issued by the  Administrator),
    the State shall  submit a plan  revision within 2 years  after the
    date of  the enactment of  the Clean  Air Act Amendments  of 1990,
    which provides  that the term  `major stationary source'  includes
    (in addition to the sources described in section 302) any 
    stationary source  which emits, or has  the potential  to emit, 50
    tons per year or more of carbon monoxide. 
       "(2)  Waivers for  certain areas.-The  Administrator may,  on a
    case-by-case  basis,  waive  any  requirements  that   pertain  to
    transportation   controls,   inspection   and   maintenance,    or
    oxygenated fuels where  the Administrator determines by  rule that
    mobile sources of carbon monoxide do  not contribute significantly
    to carbon monoxide levels in the area. 
       "(3)  Guidelines.-Within  6  months   after  the  date  of  the
    enactment   of  the   Clean  Air  Act   Amendments  of  1990,  the
    Administrator  shall  issue guidelines  for and  rules determining
    whether  stationary  sources  contribute  significantly to  carbon
    monoxide levels in an area. 
    "(d) CO Milestone.- 
       "(1) Milestone demonstration.-By March  31, 1996, each State in
    which  all or part  of a  Serious Area is  located shall submit to
    the  Administrator a demonstration  that the  area has  achieved a
    reduction in  emissions  of CO  equivalent  to  the total  of  the
    specific annual  emission  reductions  required  by  December  31,
    1995. Such reductions shall be  referred to in this  subsection as
    the milestone. 
       "(2)  Adequacy of  demonstration.-A  demonstration  under  this
    paragraph shall  be submitted in such  form and  manner, and shall
    contain such information and analysis, as  the Administrator shall
    require.  The  Administrator  shall determine  whether  or  not  a
    State's  demonstration  is  adequate  within  90  days  after  the
    Administrator's  receipt  of  a demonstration  which  contains the
    information and analysis required by the Administrator. 
       "(3) Failure  to meet emission reduction  milestone.-If a State
    fails to submit  a demonstration  under paragraph  (1) within  the
    required  period, or if the Administrator  notifies the State that
    the State  has not met  the milestone, the  State shall, within  9
    months  after  such  a  failure  or notification,  submit  a  plan
    revision to  implement  an economic  incentive and  transportation
    control program as  described in section 182(g)(4).  Such revision
    shall be sufficient  to achieve the specific annual  reductions in
    carbon monoxide emissions  set forth in the plan by the attainment
    date. 
    "(e) Multi-State CO Nonattainment Areas.- 
       "(1) Coordination  among states.-Each  State in which  there is
    located  a portion  of  a  single nonattainment  area  for  carbon
    monoxide   which  covers   more  than   one  State   (`multi-State
    nonattainment   area')  shall   take   all  reasonable   steps  to
    coordinate,  substantively  and procedurally,  the  revisions  and
    implementation of  State implementation  plans  applicable to  the
    nonattainment  area concerned.  The Administrator  may not approve
    any revision  of a State implementation  plan submitted under this
    part for  a State  in which  part of  a multi-State  nonattainment
    area  is  located if  the plan  revision for  that State  fails to
    comply with the requirements of this subsection. 
       "(2) Failure  to demonstrate attainment.-If any  State in which
    there is  located a  portion of  a multi-State  nonattainment area
    fails to provide a demonstration of attainment of the na-
    tional  ambient air  quality standard for  carbon monoxide in that
    portion within the period required  under this part the  State may
    petition the Administrator  to make a finding that the State would
    have been able to  make such demonstration but for the  failure of
    one or more other  States in which other portions of the  area are
    located  to commit to the  implementation of all measures required
    under  section  187  (relating  to  plan  submissions  for  carbon
    monoxide  nonattainment areas).  If  the Administrator  makes such
    finding,  in the  portion  of the  nonattainment area  within  the
    State  submitting such  petition,  no  sanction shall  be  imposed
    under section  179 or  under any other  provision of this  Act, by
    reason of the failure to make such demonstration. 
    "(f) Reclassified  Areas.-Each State containing  a carbon monoxide
nonattainment area reclassified under section 186(b)(2) shall meet the
requirements of subsection (b)  of this section, as may  be applicable
to  the area as reclassified, according to the schedules prescribed in
connection with  such requirements, except that  the Administrator may
adjust any applicable deadlines (other than the attainment date) where
such deadlines are shown to be infeasible. 
    "(g)  Failure   of  Serious  Area   to  Attain  Standard.-If   the
Administrator  determines under  section 186(b)(2)  that the  national
primary  ambient air quality standard for carbon monoxide has not been
attained  in a  Serious Area  by the  applicable attainment  date, the
State shall  submit a plan revision for the area within 9 months after
the date of such determination. The plan revision shall provide that a
program  of  incentives  and  requirements  as  described  in  section
182(g)(4)  shall be  applicable  in the  area,  and such  program,  in
combination with other elements of the revised plan, shall be adequate
to  reduce the total  tonnage of emissions  of carbon monoxide  in the
area by at least 5 percent per year in each year after approval of the
plan revision and  before attainment of  the national primary  ambient
air quality standard for carbon monoxide.". 
SEC.  105.   ADDITIONAL  PROVISIONS  FOR  PARTICULATE  MATTER  (PM-10)
NONATTAINMENT AREAS.  
    (a) PM-10 Nonattainment  Areas.-Part D of title I of the Clean Air
Act is amended by adding the following new subpart after subpart 3:  

 "Subpart 4-Additional Provisions for Particulate Matter Nonattainment
Areas 

"Sec. 188. Classifications and attainment dates.  
"Sec. 189. Plan provisions and schedules for plan submissions.  
"Sec. 190. Issuance of guidance.  
"SEC. 188. CLASSIFICATIONS AND ATTAINMENT DATES. 
    "(a) Initial Classifications.-Every area designated  nonattainment
for PM-10 pursuant to  section 107(d) shall be classified  at the time
of  such designation,  by  operation  of  law,  as  a  moderate  PM-10
nonattainment  area (also referred to  in this subpart  as a `Moderate
Area') at the time of such designation. At the time  of publication of
the notice under section 107(d)(4) (relating to area designations) for
each  PM-10  nonattainment area,  the  Administrator  shall publish  a
notice announcing the classification of such area. The provisions of 
section  172(a)(1)(B)  (relating  to  lack  of  notice-and-comment and
judicial review) shall apply with respect to such classification.  
    "(b) Reclassification as Serious.- 
       "(1) Reclassification before attainment date.-The Administrator
    may reclassify as  a Serious PM-10 nonattainment  area (identified
    in  this subpart  also  as a  `Serious Area')  any  area that  the
    Administrator determines  cannot practicably  attain the  national
    ambient air quality  standard for PM-10 by the attainment date (as
    prescribed   in   subsection  (c))   for   Moderate   Areas.   The
    Administrator shall  reclassify appropriate  areas  as Serious  by
    the following dates:  
          "(A) For  areas  designated  nonattainment for  PM-10  under
       section   107(d)(4),   the  Administrator   shall   propose  to
       reclassify appropriate areas  by June 30, 1991,  and take final
       action by December 31, 1991. 
          "(B)  For areas  subsequently designated  nonattainment, the
       Administrator  shall  reclassify  appropriate areas  within  18
       months  after the required date for the State's submission of a
       SIP for the Moderate Area.  
       "(2)  Reclassification upon failure  to attain.-Within 6 months
    following   the   applicable   attainment   date   for   a   PM-10
    nonattainment  area, the Administrator shall determine whether the
    area  attained the  standard by  that date.  If the  Administrator
    finds that  any  Moderate Area  is  not  in attainment  after  the
    applicable attainment date- 
          "(A) the area shall be reclassified by operation of law as a
       Serious Area; and
            "(B)  the Administrator  shall  publish  a notice  in  the
       Federal  Register   no  later  than  6   months  following  the
       attainment  date,  identifying the  area  as  having failed  to
       attain  and  identifying the  reclassification  described under
       subparagraph (A). 
    "(c) Attainment  Dates.-Except as provided  under subsection  (d),
the  attainment  dates  for  PM-10  nonattainment  areas  shall  be as
follows: 
       "(1) Moderate  areas.-For a Moderate Area,  the attainment date
    shall  be as  expeditiously as practicable  but no  later than the
    end  of the  sixth calendar year  after the  area's designation as
    nonattainment,  except  that,  for areas  designated nonattainment
    for  PM-10 under section 107(d)(4), the  attainment date shall not
    extend beyond December 31, 1994. 
       "(2)  Serious areas.-For  a Serious  Area, the  attainment date
    shall  be as  expeditiously as practicable  but no  later than the
    end  of  the  tenth  calendar  year  beginning  after  the  area's
    designation  as nonattainment, except  that, for  areas designated
    nonattainment for  PM-10 under section  107(d)(4), the date  shall
    not extend beyond December 31, 2001. 
    "(d)  Extension  of  Attainment  Date  for  Moderate   Areas.-Upon
application  by  any   State,  the  Administrator  may  extend  for  1
additional year (hereinafter referred to  as the `Extension Year') the
date specified in paragraph (c)(1) if- 
       "(1)  the   State  has  complied  with   all  requirements  and
    commitments   pertaining   to   the   area   in   the   applicable
    implementation plan; and 
    "(2) no more than one  exceedance of the 24-hour  national ambient
air quality    standard level  for PM-10 has  occurred in the  area in
               the year  preceding the Extension Year,  and the annual
               mean  concentration of PM-10 in  the area for such year
               is less than or equal to the standard level. 
No more than 2 one-year extensions may be issued  under the subsection
for a single nonattainment area. 
    "(e)  Extension  of   Attainment  Date  for   Serious  Areas.-Upon
application by any State, the  Administrator may extend the attainment
date for a  Serious Area  beyond the date  specified under  subsection
(c),  if attainment by the date established under subsection (c) would
be impracticable,  the State  has complied with  all requirements  and
commitments pertaining to  that area in  the implementation plan,  and
the State demonstrates  to the satisfaction of  the Administrator that
the plan for  that area includes the most stringent  measures that are
included in the  implementation plan of any  State or are achieved  in
practice in any State, and can feasibly be implemented in the area. At
the time  of such application, the State must submit a revision to the
implementation plan that includes a demonstration of attainment by the
most expeditious alternative date practicable. In  determining whether
to grant an extension, and the appropriate length of time for any such
extension, the  Administrator may  consider the  nature and extent  of
nonattainment,  the types  and numbers  of sources  or other  emitting
activities  in the  area  (including the  influence of  uncontrollable
natural sources and  transboundary emissions from foreign  countries),
the population  exposed to concentrations  in excess of  the standard,
the presence and concentration of  potentially toxic substances in the
mix  of particulate emissions in  the area, and  the technological and
economic feasibility  of various control  measures. The  Administrator
may not approve  an extension  until the State  submits an  attainment
demonstration  for the area. The  Administrator may grant  at most one
such extension for an area, of no more than 5 years. 
    "(f)  Waivers  for  Certain Areas.-The  Administrator  may,  on  a
case-by-case basis,  waive any  requirement applicable to  any Serious
Area  under  this  subpart  where the  Administrator  determines  that
anthropogenic sources of PM-10 do  not contribute significantly to the
violation of the  PM-10 standard  in the area.  The Administrator  may
also waive a  specific date for attainment  of the standard where  the
Administrator  determines  that  nonanthropogenic  sources   of  PM-10
contribute significantly to the violation of the PM-10 standard in the
area. 
"SEC. 189. PLAN PROVISIONS AND SCHEDULES FOR PLAN SUBMISSIONS. 
    "(a) Moderate Areas.- 
       "(1)  Plan provisions.-Each  State in  which all  or part  of a
    Moderate  Area   is  located  shall   submit,  according  to   the
    applicable  schedule under  paragraph (2),  an implementation plan
    that includes each of the following: 
          "(A) For the purpose of meeting the requirements of  section
       172(c)(5), a permit program  providing that permits meeting the
       requirements of  section 173 are required  for the construction
       and operation of new and  modified major stationary sources  of
       PM-10. 
          "(B)  Either  (i) a  demonstration  (including  air  quality
       modeling)  that  the plan  will provide  for attainment  by the
       applicable  attainment  date;  or  (ii)  a  demonstration  that
       attainment by such date is impracticable. 
          "(C)  Provisions to assure that reasonably available control
       measures for the control of PM-10 shall be implemented no later
       than December 10,  1993, or  4 years after  designation in  the
       case of  an area classified  as moderate after the  date of the
       enactment of the Clean Air Act Amendments of 1990.  
       "(2) Schedule  for plan  submissions.-A State shall  submit the
    plan  required under subparagraph (1) no later than the following:

          "(A) Within 1 year of the date of the enactment of the Clean
       Air Act Amendments of  1990, for areas designated nonattainment
       under  section  107(d)(4), except  that the  provision required
       under subparagraph (1)(A) shall be submitted no later than June
       30, 1992. 
          "(B) 18  months after the  designation as nonattainment, for
       those  areas  designated nonattainment  after  the designations
       prescribed under section 107(d)(4).
    "(b) Serious Areas.- 
       "(1) Plan  provisions.-In addition to  the provisions submitted
    to  meet  the  requirements  of  paragraph   (a)(1)  (relating  to
    Moderate  Areas), each State  in which  all or  part of  a Serious
    Area is located  shall submit an implementation plan for such area
    that includes each of the following: 
          "(A) A demonstration (including air quality modeling)- 
            "(i)  that the  plan provides for  attainment of the PM-10
          national  ambient  air quality  standard  by the  applicable
          attainment date, or 
            "(ii)  for any  area  for  which  the  State  is  seeking,
          pursuant to  section 188(e), an  extension of the attainment
          date  beyond the  date set  forth  in  section 188(c),  that
          attainment by that date would be impracticable, and that the
          plan  provides  for   attainment  by  the  most  expeditious
          alternative date practicable. 
          "(B) Provisions  to assure  that the  best available control
       measures for the control of PM-10 shall be implemented no later
       than  4 years  after  the  date  the  area  is  classified  (or
       reclassified) as a Serious Area. 
       "(2) Schedule  for plan  submissions.-A State shall  submit the
    demonstration  required for  an  area  under paragraph  (1)(A)  no
    later than 4  years after reclassification of the area to Serious,
    except that  for areas reclassified  under section 188(b)(2),  the
    State shall submit  the attainment demonstration within  18 months
    after  reclassification  to  Serious. A  State  shall  submit  the
    provisions  described under  paragraph  (1)(B)  no later  than  18
    months after reclassification of the area as a Serious Area. 
       "(3)  Major sources.-For  any  Serious Area,  the terms  `major
    source'  and  `major  stationary  source'  include any  stationary
    source or group of stationary sources located within a  contiguous
    area and under common  control that emits, or has the potential to
    emit, at least 70 tons per year of PM-10. 
    "(c)  Milestones.-(1)  Plan  revisions  demonstrating   attainment
submitted  to the Administrator for approval  under this subpart shall
contain quantitative milestones which are to be achieved every 3 years
until  the  area  is  redesignated attainment  and  which  demonstrate
reasonable  further progress,  as  defined in  section 171(1),  toward
attainment by the applicable date. 
    "(2) Not later  than 90 days after  the date on which  a milestone
applicable to the area occurs, each State in which all or part of such
area is located shall submit to the Administrator a demonstration that
all  measures  in  the plan  approved  under  this  section have  been
implemented and that the milestone has been met. A demonstration under
this subsection shall be submitted in such form and manner,  and shall
contain  such information  and  analysis, as  the Administrator  shall
require. The  Administrator shall determine  whether or not  a State's
demonstration under this subsection is  adequate within 90 days  after
the  Administrator's receipt  of  a demonstration  which contains  the
information and analysis required by the Administrator. 
    "(3) If  a State fails to  submit a  demonstration under paragraph
(2)  with respect to a milestone within  the required period or if the
Administrator  determines that  the  area has  not met  any applicable
milestone,  the Administrator shall require the State, within 9 months
after such failure  or determination  to submit a  plan revision  that
assures that the State will achieve the next milestone (or  attain the
national ambient air quality  standard for PM-10, if there  is no next
milestone) by the applicable date. 
    "(d)  Failure   To  Attain.-In  the  case   of  a   Serious  PM-10
nonattainment area in which the PM-10 standard  is not attained by the
applicable  attainment date, the State  in which such  area is located
shall, after notice and opportunity for public comment,  submit within
12 months after  the applicable attainment date, plan  revisions which
provide for attainment of the PM-10 air quality standard and, from the
date of such submission  until attainment, for an annual  reduction in
PM-10 or  PM-10 precursor emissions within the area of not less than 5
percent of the amount of such emissions as reported in the most recent
inventory prepared for such area. 
    "(e) PM-10  Precursors.-The control  requirements applicable under
plans in effect under this part  for major stationary sources of PM-10
shall  also apply  to  major stationary  sources of  PM-10 precursors,
except where  the Administrator  determines that such  sources do  not
contribute significantly to  PM-10 levels which exceed the standard in
the  area.  The Administrator  shall  issue  guidelines regarding  the
application of the preceding sentence. 
"SEC. 190. ISSUANCE OF RACM AND BACM GUIDANCE. 
    "The Administrator shall issue, in  the same manner and  according
to  the same  procedure as  guidance is  issued under  section 108(c),
technical guidance  on reasonably available control  measures and best
available control measures for urban fugitive dust, and emissions from
residential wood  combustion  (including curtailments  and  exemptions
from such curtailments) and  prescribed silvicultural and agricultural
burning,  no later than 18 months  following the date of the enactment
of the Clean Air Act Amendments of 1990. The Administrator shall  also
examine other categories of sources 
contributing  to nonattainment  of the  PM-10 standard,  and determine
whether additional  guidance on reasonably available  control measures
and  best available  control measures  is needed,  and issue  any such
guidance no  later than 3 years after the date of the enactment of the
Clean Air Act  Amendments of  1990. In issuing  guidelines and  making
determinations under this section, the Administrator  (in consultation
with the State) shall take into account emission reductions  achieved,
or  expected to  be achieved, under  title IV and  other provisions of
this Act.". 
    (b) PM-10  Increments in PSD Areas.-Section  166 of  the Clean Air
Act  (42 U.S.C.7476) is amended by adding the following new subsection
at the end: 
    "(f)  PM-10   Increments.-The  Administrator   is  authorized   to
substitute, for the maximum  allowable increases in particulate matter
specified  in section  163(b)  and section  165(d)(2)(C)(iv),  maximum
allowable increases in particulate matter with an aerodynamic diameter
smaller than  or equal  to 10  micrometers.  Such substituted  maximum
allowable  increases shall be of  equal stringency in  effect as those
specified  in the provisions for which they are substituted. Until the
Administrator promulgates  regulations  under the  authority  of  this
subsection, the current maximum  allowable increases in concentrations
of particulate matter shall remain in effect.". 
SEC. 106. ADDITIONAL PROVISIONS FOR AREAS DESIGNATED NONATTAINMENT FOR
SULFUR           OXIDES, NITROGEN DIOXIDE, AND LEAD. 
    Part D of title I of the Clean Air Act is amended  by adding a new
subpart after subpart 4 as follows: 

"Subpart  5-Additional Provisions  for Areas  Designated Nonattainment
for Sulfur        Oxides, Nitrogen Dioxide, or Lead 

"Sec. 191.  Plan submission deadlines. 
"Sec. 192.  Attainment dates. 
"SEC. 191. PLAN SUBMISSION DEADLINES. 
    "(a)  Submission.-Any  State  containing  an  area  designated  or
redesignated under section 107(d) as nonattainment with respect to the
national  primary ambient  air  quality standards  for sulfur  oxides,
nitrogen dioxide, or  lead subsequent to the date of  the enactment of
the  Clean  Air   Act  Amendments   of  1990  shall   submit  to   the
Administrator,  within 18  months  of the  designation, an  applicable
implementation plan meeting the requirements of this part. 
    "(b) States  Lacking Fully  Approved State  Implementation Plans.-
Any State containing an area designated nonattainment  with respect to
national primary ambient  air quality standards  for sulfur oxides  or
nitrogen dioxide  under section  107(d)(1)(C)(i), but lacking  a fully
approved implementation  plan complying with the  requirements of this
Act (including part D) as in effect immediately before the date of the
enactment of the Clean Air Act Amendments of 1990, shall submit to the
Administrator, within  18 months of the  date of the enactment  of the
Clean Air Act Amendments  of 1990, an implementation plan  meeting the
requirements of subpart  1 (except as otherwise  prescribed by section
192). 
 
"SEC. 192. ATTAINMENT DATES. 
    "(a)  Plans Under  Section 191(a).-Implementation  plans  required
under  section 191(a)  shall provide  for  attainment of  the relevant
primary standard as expeditiously  as practicable but no later  than 5
years from the date of the nonattainment designation.  
    "(b)  Plans  Under  Section 191(b).-Implementation  plans required
under section  191(b) shall  provide  for attainment  of the  relevant
primary national ambient air quality standard within 5 years after the
date of the enactment of the Clean Air Act Amendments of 1990.  
    "(c)  Inadequate  Plans.-Implementation  plans  for  nonattainment
areas  for  sulfur oxides  or nitrogen  dioxide  with plans  that were
approved by the Administrator before the date of the enactment  of the
Clean Air Act  Amendments of  1990 but, subsequent  to such  approval,
were found by the Administrator  to be substantially inadequate, shall
provide for attainment of the relevant primary standard within 5 years
from the date of such finding.". 
SEC. 107. PROVISIONS RELATED TO INDIAN TRIBES. 
    (a) Definition of Air Pollution Control  Agency.-Section 302(b) of
the Clean Air Act (42 U.S.C. 7602(b)) is amended by- 
       (1) deleting "or" at the end of paragraph (3); 
       (2)  striking the semicolons at the end of paragraphs (1), (2),
    and  (3) and inserting periods at  the end of each such paragraph;
    and 
       (3) adding the following new paragraph after paragraph (4): 
       "(5) An agency of an Indian tribe.". 
    (b) Definition of Indian Tribe.-Section  302 of the Clean  Air Act
(42 U.S.C.  7602) is amended by  adding new subsection (r)  to read as
follows: 
    "(r)  Indian  Tribe.-The  term `Indian  tribe'  means  any  Indian
tribe,  band, nation, or other organized group or community, including
any  Alaska Native village, which  is Federally recognized as eligible
for the special programs and services provided by the United States to
Indians because of their status as Indians.". 
    (c)  SIPS.-Section 110 of  the Clean  Air Act (42  U.S.C. 7410) is
amended by adding the following new subsection after subsection (n): 
    "(o) Indian Tribes.-If  an Indian tribe submits  an implementation
plan to the Administrator  pursuant to section 301(d), the  plan shall
be reviewed in accordance with the provisions  for review set forth in
this  section  for  State  plans,  except  as  otherwise  provided  by
regulation promulgated  pursuant to section 301(d)(2).  When such plan
becomes effective in accordance with the regulations promulgated under
section  301(d), the plan shall become applicable to all areas (except
as  expressly provided  otherwise  in  the  plan) located  within  the
exterior boundaries  of the reservation, notwithstanding  the issuance
of  any  patent  and   including  rights-of-way  running  through  the
reservation.". 
    (d) Tribal Authority.-Section  301 of the Clean Air Act (42 U.S.C.
7601)  is amended  by  adding at  the end  thereof  the following  new
subsection: 
    "(d) Tribal Authority.-(1) Subject to the  provisions of paragraph
(2), the Administrator- 
       "(A)  is authorized to treat Indian tribes as States under this
    Act, except  for purposes of the  requirement that makes available
    for  application by each State no less  than one-half of 1 percent
    of annual appropriations under section 105; and 
       "(B)  may provide  any  such Indian  tribe  grant and  contract
    assistance to carry out functions provided by this Act. 
    "(2)  The Administrator  shall  promulgate regulations  within  18
months after the date of the enactment of the Clean Air Act Amendments
of  1990, specifying  those provisions  of this  Act for  which  it is
appropriate  to treat Indian tribes as States. Such treatment shall be
authorized only if- 
       "(A) the  Indian  tribe  has  a  governing  body  carrying  out
    substantial governmental duties and powers; 
       "(B)  the functions to be exercised by the Indian tribe pertain
    to  the  management  and protection  of  air resources  within the
    exterior boundaries of  the reservation or other  areas within the
    tribe's jurisdiction; and 
       "(C)  the Indian tribe is reasonably expected to be capable, in
    the judgment of the  Administrator, of carrying out the  functions
    to  be  exercised  in  a  manner  consistent  with  the  terms and
    purposes of this Act and all applicable regulations. 
    "(3)  The Administrator may promulgate regulations which establish
the  elements  of  tribal  implementation  plans  and  procedures  for
approval or  disapproval of  tribal implementation plans  and portions
thereof. 
    "(4) In  any case in which  the Administrator  determines that the
treatment  of Indian tribes as identical to States is inappropriate or
administratively  infeasible,  the   Administrator  may  provide,   by
regulation,  other  means by  which  the  Administrator will  directly
administer such provisions so as to achieve the appropriate purpose. 
    "(5) Until such time as the  Administrator promulgates regulations
pursuant to this subsection, the Administrator may continue to provide
financial assistance to eligible Indian tribes under section 105.". 
SEC. 108. MISCELLANEOUS GUIDANCE. 
    (a) Transportation Planning Guidance.-Section 108(e)  of the Clean
Air Act  is amended  by deleting the  first sentence and  inserting in
lieu   thereof  the   following:  "The   Administrator  shall,   after
consultation with the Secretary of Transportation, and after providing
public  notice and opportunity for  comment, and with  State and local
officials, within nine  months after  enactment of the  Clean Air  Act
Amendments  of  1989  and  periodically  thereafter  as  necessary  to
maintain a  continuous  transportation-air quality  planning  process,
update the  June 1978 Transportation-Air  Quality Planning  Guidelines
and  publish  guidance  on   the  development  and  implementation  of
transportation   and  other  measures  necessary  to  demonstrate  and
maintain attainment of national ambient air quality standards.". 
    (b)  Transportation  Control Measures.-Section  108(f)(1)  of  the
Clean Air Act is amended  by deleting all after "(f)" through  the end
of subparagraph (A) and inserting in lieu thereof the following: 
    "(1)  The  Administrator  shall  publish  and  make  available  to
appropriate Federal, State, and local environmental and transporta-
tion agencies not later than one year after enactment of the Clean Air
Act Amendments of 1990, and from time to time thereafter- 
       "(A) information prepared, as appropriate, in consultation with
    the  Secretary  of  Transportation,  and  after  providing  public
    notice and opportunity for comment, regarding  the formulation and
    emission reduction  potential of  transportation control  measures
    related to  criteria pollutants  and their precursors,  including,
    but not limited to- 
          "(i) programs for improved public transit; 
          "(ii)  restriction   of  certain  roads   or  lanes  to,  or
       construction of such roads or lanes for use by, passenger buses
       or high occupancy vehicles; 
          "(iii)   employer-based  transportation   management  plans,
       including incentives; 
          "(iv) trip-reduction ordinances; 
          "(v) traffic flow improvement programs that achieve emission
       reductions; 
          "(vi) fringe and transportation corridor  parking facilities
       serving multiple occupancy vehicle programs or transit service;

          "(vii) programs to limit or restrict vehicle use in downtown
       areas  or  other areas  of emission  concentration particularly
       during periods of peak use; 
          "(viii)  programs   for  the  provision   of  all  forms  of
       high-occupancy, shared-ride services; 
          "(ix) programs to limit portions of road surfaces or certain
       sections of the  metropolitan area to the  use of non-motorized
       vehicles or pedestrian use, both as to time and place; 
          "(x)  programs  for secure  bicycle  storage facilities  and
       other facilities, including bicycle  lanes, for the convenience
       and protection of bicyclists, in both public and private areas;

          "(xi) programs to control extended idling of vehicles; 
          "(xii)   programs   to   reduce  motor   vehicle  emissions,
       consistent with  title II,  which  are caused  by extreme  cold
       start conditions; 
          "(xiii)  employer-sponsored programs to permit flexible work
       schedules; 
          "(xiv) programs and ordinances to  facilitate non-automobile
       travel,  provision  and utilization  of  mass  transit, and  to
       generally  reduce the need  for single-occupant vehicle travel,
       as part of transportation planning and development efforts of a
       locality, including  programs and ordinances  applicable to new
       shopping centers, special events,  and other centers of vehicle
       activity; 
          "(xv)    programs   for    new   construction    and   major
       reconstructions of paths, tracks or areas solely for the use by
       pedestrian or other non-motorized means of  transportation when
       economically feasible and in  the public interest. For purposes
       of this clause,  the Administrator shall also  consult with the
       Secretary of the Interior; and  
          "(xvi) program  to encourage the  voluntary removal from use
       and the marketplace of pre-1980 model year light  duty vehicles
       and pre-1980 model light duty trucks.". 
    (c)  RACT/BACT/LAER  Clearinghouse.-Section 108  of the  Clean Air
Act (42  U.S.C. 7408) is  amended by adding  the following at  the end
thereof: 
    "(h)  RACT/BACT/LAER  Clearinghouse.-The Administrator  shall make
information  regarding emission  control  technology available  to the
States  and to  the general  public through  a central  database. Such
information  shall include all control technology information received
pursuant  to  State plan  provisions  requiring  permits for  sources,
including operating permits for existing sources.". 
    (d) State  Reports on Emissions-Related  Data.-Section 110 of  the
Clean Air Act (42 U.S.C. 7410)  is amended by adding the following new
subsection after subsection (o): 
    "(p) Reports.-Any State  shall submit, according to  such schedule
as the  Administrator may prescribe, such reports as the Administrator
may require  relating to emission reductions,  vehicle miles traveled,
congestion  levels, and  any other  information the  Administrator may
deem  necessary  to assess  the  development  effectiveness, need  for
revision,  or implementation  of any  plan  or plan  revision required
under this Act.". 
    (e) New Source Standards of  Performance.-(1) Section 111(b)(1)(B)
of the Clean Air Act (42 U.S.C. 7411(b)(1)(B)) is amended as follows: 
       (A) Strike "120 days" and insert "one year". 
       (B) Strike "90 days" and insert "one year". 
       (C) Strike "four years" and insert "8 years". 
       (D)  Immediately before  the sentence  beginning  "Standards of
    performance  or  revisions thereof"  insert  "Notwithstanding  the
    requirements of the previous sentence, the  Administrator need not
    review  any such  standard if  the  Administrator determines  that
    such  review is  not  appropriate in  light of  readily  available
    information on the efficacy of such standard.". 
       (E) Add  the  following at  the end:  "When implementation  and
    enforcement of any requirement  of this Act indicate that emission
    limitations and  percent reductions beyond  those required by  the
    standards  promulgated   under  this   section  are  achieved   in
    practice,  the   Administrator  shall,  when  revising   standards
    promulgated under this section, consider the  emission limitations
    and percent reductions achieved in practice.". 
    (2) Section 111(f)(1)  of the Clean Air Act (42 U.S.C. 7411(f)(1))
is amended to read as follows: 
    "(1) For  those categories  of major  stationary sources  that the
Administrator listed under subsection (b)(1)(A) before the date of the
enactment  of  the Clean  Air  Act Amendments  of  1990 and  for which
regulations had not been  proposed by the Administrator by  such date,
the Administrator shall- 
       "(A) propose regulations establishing standards  of performance
    for  at least  25 percent of  such categories of  sources within 2
    years after  the  date  of the  enactment  of  the Clean  Air  Act
    Amendments of 1990; 
       "(B)  propose regulations establishing standards of performance
    for at least 50 percent of such categories of sources within 
    4 years  after the  date of  the enactment  of the  Clean Air  Act
    Amendments of 1990; and
       "(C)  propose  regulations  for  the  remaining  categories  of
    sources within  6 years  after the  date of the  enactment of  the
    Clean Air Act Amendments of 1990.".
    (f) Savings  Clause.-Section 111(a)(3)  of the  Clean Air Act  (42
U.S.C. 7411(f)(1)) is amended by adding at the end: "Nothing in  title
II of this Act relating to nonroad engines shall be construed to apply
to stationary internal combustion engines.". 
    (g)  Regulation of  Existing  Sources.-Section  111(d)(1)(A)(i) of
the  Clean Air Act (42 U.S.C. 7411(d)(1)(A)(i)) is amended by striking
"or 112(b)(1)(A)"  and inserting  "or emitted from  a source  category
which is regulated under section 112". 
    (h) Consultation.-The penultimate  sentence of section 121  of the
Clean  Air Act (42  U.S.C. 7421) is  amended to read  as follows: "The
Administrator  shall  update  as necessary  the  original  regulations
required and  promulgated under this section (as in effect immediately
before the  date of the enactment  of the Clean Air  Act Amendments of
1990) to ensure adequate consultation.". 
    (i) Delegation.-The  second sentence of  section 301(a)(1) of  the
Clean  Air Act (42 U.S.C. 7601(a)(1)) is amended by inserting "subject
to section 307(d)" immediately following "regulations".  
    (j)  Definitions.-Section 302  of  the Clean  Air Act  (42  U.S.C.
7602) is amended as follows: 
       (1) Insert the following new subsections after subsection (r): 
    "(s)  VOC.-The term  `VOC'  means  volatile organic  compound,  as
defined by the Administrator.  
    "(t)  PM-10.-The term  `PM-10' means  particulate  matter with  an
aerodynamic  diameter less than or equal to a nominal ten micrometers,
as measured by such method as the Administrator may determine. 
    "(u) NAAQS and  CTG.-The term `NAAQS' means  national ambient  air
quality standard. The  term `CTG' means a  Control Technique Guideline
published by the Administrator under section 108. 
    "(v) NOx.-The term `NOx' means oxides of nitrogen. 
    "(w) CO.-The term `CO' means carbon monoxide.  
    "(x) Small  Source.-The term  `small source' means  a source  that
emits less  than 100  tons of  regulated pollutants  per year,  or any
class  of   persons  that   the   Administrator  determines,   through
regulation, generally lack  technical ability  or knowledge  regarding
control of air pollution.  
    "(y)    Federal    Implementation    Plan.-The    term    `Federal
implementation plan' means a plan (or portion  thereof) promulgated by
the  Administrator to  fill all  or a  portion of  a gap  or otherwise
correct  all or a  portion of an inadequacy  in a State implementation
plan,  and which  includes enforceable  emission limitations  or other
control measures, means or techniques  (including economic incentives,
such  as marketable permits or auctions  of emissions allowances), and
provides for attainment  of the relevant national ambient  air quality
standard.". 
    (2) Section 302(g)  of the  Clean Air Act  (42 U.S.C. 7602(g))  is
amended by adding the  following at the  end: "Such term includes  any
precursors to the formation of any air pollutant, to the extent 
the Administrator has identified such precursor  or precursors for the
particular purpose for which the term `air pollutant' is used.". 
    (k) Pollution Prevention.-Section  101 of  the Clean  Air Act  (42
U.S.C. 7401) is amended as follows:  
       (1) Amend subsection (a)(3) to read as follows:  
       "(3) that air pollution prevention  (that is, the reduction  or
    elimination, through  any measures,  of the  amount of  pollutants
    produced or  created at the source)  and air  pollution control at
    its  source is  the  primary responsibility  of States  and  local
    governments; and". 
       (2)  Amend  subsection  (b)(4)  by inserting  "prevention  and"
    immediately after "pollution". 
       (3) Add a new subsection (c) to read as follows:  
    "(c)  Pollution Prevention.-A  primary  goal  of this  Act  is  to
encourage or  otherwise promote  reasonable Federal, State,  and local
governmental actions, consistent with the provisions of this Act,  for
pollution prevention.". 
    (l) Part D of title I of  the Clean Air Act is amended by adding a
new subpart after subpart 5 as follows: 

                    "Subpart 6-Savings Provisions 

"Sec. 193. General savings clause. 
"SEC. 193. GENERAL SAVINGS CLAUSE. 
    "Each  regulation,  standard,  rule, notice,  order  and  guidance
promulgated  or  issued by  the Administrator  under  this Act,  as in
effect  before  the  date  of  the  enactment of  the  Clean  Air  Act
Amendments  of 1990  shall remain  in effect  according to  its terms,
except  to the extent otherwise provided  under this Act, inconsistent
with any  provision of this Act,  or revised by  the Administrator. No
control requirement in effect,  or required to be adopted by an order,
settlement  agreement,  or  plan in  effect  before  the  date of  the
enactment of the Clean Air Act Amendments of 1990 in any area which is
a nonattainment area for any air pollutant may be modified  after such
enactment in  any manner unless the modification insures equivalent or
greater emission reductions of such air pollutant.". 
    (m)  Boundary  Changes.-Section 162(a)  of the  Clean Air  Act (42
U.S.C. 7472(a)) is amended by adding at the end thereof the following:
"The extent  of the areas  designated as  Class I  under this  section
shall  conform to any  changes in the  boundaries of such  areas which
have occurred subsequent to the date of the enactment of the Clean Air
Act Amendments of 1977, or  which may occur subsequent to the  date of
the enactment of the Clean Air Act Amendments of 1990.". 
    (n)  Boundaries.-Section 164(a) of  the Clean  Air Act  (42 U.S.C.
7474(a))  is  amended by  inserting  immediately  before the  sentence
beginning "Any area (other  than an area referred to  in paragraph (1)
or  (2))" the  following: "The  extent  of the  areas  referred to  in
paragraph (1) and  (2) shall conform to any changes  in the boundaries
of  such  areas which  have  occurred subsequent  to the  date  of the
enactment of the Clean Air Act  Amendments of 1977, or which may occur
subsequent  to  the  date  of  the  enactment  of  the  Clean  Air Act
Amendments of 1990.". 
    (o)  Assessments.-Section  108 of  the  Clean Air  Act (42  U.S.C.
7408) is amended by adding  at the end thereof a new subsection (g) to
read as follows:  
    "(g)  Assessment  of Risks  to  Ecosystems.-The Administrator  may
assess  the  risks  to  ecosystems   from  exposure  to  criteria  air
pollutants (as identified by  the Administrator in the Administrator's
sole discretion).". 
    (p)   Public Participation.-Section 307 of  the Clean  Air Act (42
U.S.C. 7607) is amended by adding the following after subsection (g): 
    "(h)  Public Participation.-It  is the  intent  of Congress  that,
consistent  with the policy of the  Administrative Procedures Act, the
Administrator in promulgating any regulation under this Act, including
a regulation subject to  a deadline, shall ensure a  reasonable period
for  public participation  of at  least 30  days, except  as otherwise
expressly provided  in  section 107(d),  172(a), 181(a)  and (b),  and
186(a) and (b).". 
    (q)  Ethics, Financial  Disclosure,  and  Conflicts of  Interest.-
Section 318 of the Clean Air Act (42 U.S.C. 7618) is repealed.". 
SEC. 109. INTERSTATE POLLUTION. 
    (a) Amendments  to Section 126.-Section 126  of the  Clean Air Act
(42 U.S.C. 7426) is amended as follows: 
       (1) In subsection (b)- 
          (A) in the  first sentence, following "major source", insert
       "or group of stationary sources"; and 
          (B) strike  "110(a)(2)(E)(i)"  and insert  in  lieu  thereof
       "110(a)(2)(D)(ii) or this section". 
       (2) In subsection (c)- 
          (A) in  the first  sentence, following  the words "violation
       of", insert "this section and"; and 
          (B) strike "110(a)(2)(E)(i)"  wherever it appears and insert
       in lieu thereof "110(a)(2)(D)(ii) or this section". 
    (b) Amendment to  Section 302.-Section 302(h) of the Clean Air Act
(42  U.S.C.  7602(h)) is  amended by  inserting  before the  period ",
whether caused  by  transformation, conversion,  or  combination  with
other air pollutants". 
SEC. 110. CONFORMING AMENDMENTS. 
    The Clean Air Act is amended as follows- 
       (1)  Strike,  in  section  161 (42  U.S.C.  7471),  "identified
    pursuant to  section 107(d)(1)(D) or  (E)" and insert  "designated
    pursuant to section 107 as attainment or unclassifiable".  
       (2) Strike, in section  162(b) (42 U.S.C. 7472(b)), "identified
    pursuant to  section 107(d)(1)(D) or  (E)" and insert  "designated
    pursuant to section 107(d) as attainment or unclassifiable";  
       (3) Strike, in section  167 (42 U.S.C. 7477), the  reference to
    "included in the list promulgated pursuant to  paragraph (1)(D) or
    (E) of  subsection (d)  of section  107  of this  Act" and  insert
    "designated   pursuant  to   section  107(d)   as   attainment  or
    unclassifiable". 
       (4)  Strike subsections (a) and  (b) of section  176 (42 U.S.C.
    7506). 
       (5) Amend section 307(d)(1) (42 U.S.C. 7607(d)(1)) as follows: 
          (A) Subparagraph (C) is amended to read as follows: 
       "(C)  the   promulgation  or   revision  of  any   standard  of
    performance under section 111, or emission  standard or limitation
    under section 112(d),  any standard under section  112(f), or  any
    regulation under section  112(g)(1)(D) and (F), or  any regulation
    under section 112(m) or (n),". 
          (B) Subparagraph (F) is amended to read as follows: 
       "(F) the promulgation or revision of any regulation under title
    IV (relating to control of acid deposition),". 
          (C) Delete "and" at the end of subparagraph (M), redesignate
       subparagraph (N) as subparagraph (U), and add the following new
       subparagraphs after subparagraph (M): 
       "(N) the promulgation or  revision of any regulation pertaining
    to consumer and commercial products under section 183(e), 
       "(O) the promulgation or  revision of any regulation pertaining
    to field citations under section 113(d)(3), 
       "(P) the promulgation or  revision of any regulation pertaining
    to urban  buses or the  clean-fuel vehicle, clean-fuel fleet,  and
    clean fuel programs under part C of title II, 
       "(Q) the promulgation or  revision of any regulation pertaining
    to nonroad engines or nonroad vehicles under section 213, 
       "(R) the promulgation or revision of any regulation relating to
    motor vehicle compliance program fees under section 217, 
       "(S) the promulgation or revision of any regulation under title
    IV (relating to acid deposition), 
       "(T)  the  promulgation or  revision  of  any regulation  under
    section 183(f) pertaining to marine vessels, and". 
SEC. 111. TRANSPORTATION SYSTEM IMPACTS ON CLEAN AIR. 
    Section 108(f) of  the Clean Air Act  is amended by adding  at the
end thereof the following new paragraphs: 
    "(3) The Secretary  of Transportation and the  Administrator shall
submit to Congress by January 1,  1993, and every 3 years thereafter a
report that- 
       "(A)  reviews  and  analyzes   existing  State  and  local  air
    quality-related  transportation programs,  including  specifically
    any analyses of whether adequate funding is  available to complete
    transportation projects identified in  State implementation  plans
    in  the time required by applicable State implementation plans and
    any Federal efforts to promote those programs; 
       "(B)  evaluates   the  extent   to  which  the   Department  of
    Transportation's  existing   air  quality-related   transportation
    programs and  such Department's proposed  budget will achieve  the
    goals of and compliance with this Act; and 
       "(C) recommends what, if any, changes to such existing programs
    and proposed  budget as well  as any statutory authority  relating
    to air quality-related transportation programs that  would improve
    the achievement of the goals  of and compliance with the Clean Air
    Act. 
    "(4) In  each report to Congress  after the  first report required
under paragraph (3),  the Secretary of Transportation  shall include a
description of the actions taken to implement  the changes recommended
in the preceding report. 
            TITLE II-PROVISIONS RELATING TO MOBILE SOURCES 

                          Table of Contents 
            TITLE II-PROVISIONS RELATING TO MOBILE SOURCES 

            Part A-Amendments to Title II of Clean Air Act 
Sec. 201.   Heavy-duty trucks. 
Sec. 202.   Control of vehicle refueling emissions.  
Sec. 203.   Emission standards for conventional motor vehicles.  
Sec. 204.   Carbon monoxide emissions at cold temperatures. 
Sec. 205.   Evaporative emissions.  
Sec. 206.   Mobile source-related air toxics.  
Sec. 207.   Emission control diagnostics systems.  
Sec. 208.   Motor vehicle testing and certification. 
Sec. 209.   Auto warranties. 
Sec. 210.   In-use compliance-recall. 
Sec. 211.   Information collection.  
Sec. 212.   Nonroad fuels. 
Sec. 213.   State fuel regulation. 
Sec. 214.   Fuel waivers. 
Sec. 215.   Misfueling. 
Sec. 216.   Fuel volatility. 
Sec. 217.   Diesel fuel sulfur content. 
Sec. 218.   Lead substitute gasoline additives. 
Sec. 219.   Reformulated gasoline and oxygenated gasoline. 
Sec. 220.   Lead phasedown. 
Sec. 221.   Fuel and fuel additive importers. 
Sec. 222.   Nonroad engines and vehicles. 
Sec. 223.   New title II definitions. 
Sec. 224.   High altitude testing. 
Sec. 225.   Compliance program fees.  
Sec. 226.   Prohibition  on  production of  engines  requiring  leaded
gasoline. 
Sec. 227.   Urban buses. 
Sec. 228.   Enforcement. 
Sec. 229.   Clean-fuel vehicles. 
Sec. 230.   Technical amendments. 
                       Part B-Other Provisions 
Sec. 231.   Ethanol substitute for diesel. 
Sec. 232.   Adoption by other States of California standards. 
Sec. 233.   States authority to regulate. 
Sec. 234.   Fugitive dust. 
Sec. 235.   Federal compliance. 
 
            PART A-AMENDMENTS TO TITLE II OF CLEAN AIR ACT 
SEC. 201. HEAVY-DUTY TRUCKS. 
    Section 202(a)(3) of the Clean  Air Act (42 U.S.C.  7521(a)(3)) is
amended as follows: 
       (1) Strike subparagraphs (A), (B), (C), (D), and (E) and insert
    the following: 
          "(A)  In  general.-(i) Unless  the  standard  is  changed as
       provided in subparagraph  (B), regulations under  paragraph (1)
       of this  subsection applicable  to emissions  of  hydrocarbons,
       carbon  monoxide, oxides  of  nitrogen, and  particulate matter
       from classes  or categories  of heavy-duty vehicles  or engines
       manufactured  during or  after  model year  1983 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  cost,
       energy, and  safety factors associated with  the application of
       such technology. 
          "(ii) In  establishing classes or  categories of vehicles or
       engines for  purposes of regulations under  this paragraph, the
       Administrator  may base  such  classes or  categories on  gross
       vehicle  weight,  horsepower,  type  of  fuel  used,  or  other
       appropriate factors. 
          "(B)  Revised standards  for heavy  duty trucks.-(i)  On the
       basis of information available to  the Administrator concerning
       the effects of air  pollutants emitted from heavy-duty vehicles
       or  engines and  from other  sources  of mobile  source related
       pollutants on the  public health and welfare,  and taking costs
       into  account,  the  Administrator  may  promulgate regulations
       under paragraph  (1) of  this subsection revising  any standard
       promulgated  under, or before the date of, the enactment of the
       Clean Air Act  Amendments of 1990 (or  previously revised under
       this subparagraph)  and applicable to classes  or categories of
       heavy-duty vehicles or engines. 
          "(ii) Effective for the model year 1998 and thereafter,  the
       regulations under  paragraph (1) of  this subsection applicable
       to  emissions of  oxides of  nitrogen (NOx)  from  gasoline and
       diesel-fueled heavy duty  trucks shall contain  standards which
       provide  that such emissions may not exceed 4.0 grams per brake
       horsepower hour (gbh). 
          "(C)  Lead time and  stability.-Any standard  promulgated or
       revised  under  this paragraph  and  applicable  to classes  or
       categories of heavy-duty vehicles or engines shall apply  for a
       period of  no less than 3 model years beginning no earlier than
       the  model year commencing 4  years after such revised standard
       is promulgated. 
          "(D) Rebuilding practices.-The Administrator shall study the
       practice  of  rebuilding  heavy-duty  engines  and  the  impact
       rebuilding  has on engine emissions. On the basis of that study
       and  other  information  available  to  the  Administrator, the
       Administrator  may prescribe requirements to control rebuilding
       practices, including standards applicable to emissions from any
       rebuilt heavy-duty engines  (whether or not the engine  is past
       its  statutory  useful  life),  which  in  the  Administrator's
       judgment  cause,  or contribute  to,  air  pollution which  may
       reasonably be anticipated to  endanger public health or welfare
       taking  costs into  account. Any  regulation shall  take effect
       after a  period the Administrator finds necessary to permit the
       development  and application of the requisite control measures,
       giving  appropriate  consideration to  the  cost  of compliance
       within the period and energy and safety factors.". 
          (2)  Redesignate subparagraph  (F) as  subparagraph  (E) and
          insert   "Motorcycles.-"  before   "For  purposes   of  this
          paragraph". 
SEC. 202. CONTROL OF VEHICLE REFUELING EMISSIONS.  
    Section 202(a)(6) of the Clean  Air Act (42 U.S.C.  7521(a)(6)) is
amended to read as follows:  
       "(6) Onboard vapor  recovery.-Within 1 year  after the date  of
    the  enactment  of the  Clean  Air  Act  Amendments  of 1990,  the
    Administrator  shall, after  consultation  with  the Secretary  of
    Transportation regarding the safety  of vehicle-based  (`onboard')
    systems   for  the   control  of   vehicle   refueling  emissions,
    promulgate  standards  under  this  section  requiring  that   new
    light-duty  vehicles manufactured  beginning in  the fourth  model
    year after the model year  in which the standards  are promulgated
    and thereafter shall be equipped with such  systems. The standards
    required under this  paragraph shall apply to a percentage of each
    manufacturer's  fleet  of new  light-duty vehicles  beginning with
    the  fourth model year after the model year in which the standards
    are  promulgated.  The percentage  shall be  as  specified  in the
    following table: 

   "Implementation Schedule for Onboard Vapor Recovery Requirements 


    Model year commencing after standards promulgated    Percentage* 

 
Fourth.....................................................    40 
Fifth......................................................    80 
After Fifth................................................    100 


    *  Percentages  in   the  table  refer  to  a  percentage  of  the
manufacturer's sales volume. 
 
    The  standards shall require that  such systems  provide a minimum
    evaporative  emission   capture  efficiency  of  95  percent.  The
    requirements of section  182(b)(3) (relating to stage  II gasoline
    vapor  recovery)  for  areas  classified  under   section  181  as
    moderate for  ozone shall  not  apply after  promulgation of  such
    standards and the  Administrator may, by rule, revise or waive the
    application  of the  requirements of  such  section 182(b)(3)  for
    areas classified under section 181 as Serious, Severe,  or Extreme
    for ozone, as  appropriate, after  such time as  the Administrator
    determines  that onboard emissions  control systems required under
    this paragraph are in widespread  use throughout the motor vehicle
    fleet.".
SEC. 203. EMISSION STANDARDS FOR CONVENTIONAL MOTOR VEHICLES.  
    (a) Standards.-Section 202 of the  Clean Air Act (42  U.S.C. 7521)
is amended by adding the following at the end thereof:  
    "(g)   Light-Duty  Trucks  up to  6,000  lbs. GVWR  and Light-Duty
Vehicles; Standards for Model Years After 1993.- 
       "(1) nmhc,  co, and nox.-Effective  with respect  to the  model
    year 1994  and thereafter,  the regulations  under subsection  (a)
    applicable to emissions of nonmethane  hydrocarbons (NMHC), carbon
    monoxide  (CO),  and  oxides of  nitrogen  (NOx)  from  light-duty
    trucks (LDTs)  of up  to 6,000  lbs. gross  vehicle weight  rating
    (GVWR)  and light-duty  vehicles  (LDVs)  shall contain  standards
    which  provide   that  emissions   from  a   percentage  of   each
    manufacturer's  sales volume  of such  vehicles  and trucks  shall
    comply with the  levels specified in table G. The percentage shall
    be as specified in the implementation schedule below: 
TABLE  G-emission  standards for  nmhc,  co, and  nox  from light-duty
trucks of up to   6,000 lbs. gvwr and light-duty vehicles 
 
                            Column A (5 yrs/     Column B (10 yrs/
                               50,000 mi)              100,000 mi)
Vehicle type                    
                            NMHC   CO   NOx         NMHC   CO   NOx

LDTs (0-3,750 lbs. LVW) 
and light-duty vehicles. 0.25  3.4  0.4*         0.31  4.2  0.6* 
LDTs (3,750-5,750 lbs. 
LVW)                        0.32 4.4   0.7**        0.40 5.5   0.97 
 
    Standards are expressed in grams per mile (gpm). 
    For standards under column A, for purposes of certification  under
section 206, the  applicable useful life  shall be  5 years or  50,000
miles (or the equivalent), whichever first occurs. 
    For standards under column B, for purposes  of certification under
section 206, the applicable useful  life shall be 10 years  or 100,000
miles (or the equivalent), whichever first occurs. 
    * In the case of diesel-fueled  LDTs  (0-3,750 lvw) and light-duty
vehicles,  before the  model year  2004, in  lieu of  the 0.4  and 0.6
standards for  NOx, the applicable standards for  NOx shall be 1.0 gpm
for a  useful life of  5 years  or 50,000 miles  (or the  equivalent),
whichever first occurs,  and 1.25 gpm for a useful life of 10 years or
100,000 miles (or the equivalent) whichever first occurs. 
    **  This standard  does not  apply to  diesel-fueled LDTs  (3,751-
5,750 lbs. LVW). 
            "Implementation Schedule for Table G Standards 
 
               Model year                              Percentage* 
 
1994.......................................................40 
1995.......................................................80 
after 1995.................................................100 
 
*Percentages in the table refer to a percentage of each manufacturer's
sales volume. 
    "(2)  PM Standard.-Effective with respect  to model  year 1994 and
thereafter  in the  case of  light-duty vehicles,  and  effective with
respect  to the  model  year  1995  and  thereafter  in  the  case  of
light-duty  trucks (LDTs)  of up  to 6,000  lbs. gross  vehicle weight
rating  (GVWR), the  regulations  under subsection  (a) applicable  to
emissions  of particulate  matter (PM)  from such vehicles  and trucks
shall  contain standards  which  provide that  such  emissions from  a
percentage of each  manufacturer's sales volume  of such vehicles  and
trucks shall not exceed the levels  specified in the table below.  The
percentage shall be as specified in the Implementation Schedule below.

            "PM Standard for LDTs of up to 6,000 lbs. GVWR 
 
               Useful life period                        Standard 
 
5/50,000...................................................0.08 gpm 
10/100,000.................................................0.10 gpm 
 
    The applicable  useful life, for  purposes of certification  under
section 206 and for  purposes of in-use compliance under  section 207,
shall be 5 years or 50,000  miles (or the equivalent), whichever first
occurs, in the case of the 5/50,000
 standard. 
    The applicable  useful life, for  purposes of certification  under
section 206 and for  purposes of in-use compliance under  section 207,
shall  be 10  years or  100,000 miles  (or the  equivalent), whichever
first occurs in the case of the 10/100,000 standard. 
              "Implementation Schedule for PM Standards 
 
               Model year        Light-duty vehicles           LDTs 
 
1994................................   40%*...............  -
1995................................   80%*...............  40%* 
1996................................   100%*..............  80%* 
after 1996..........................   100%*..............  100%* 
 
    *  Percentages  in  the  table  refer  to  a  percentage  of  each
manufacturer's sales volume. 

    "(h)   Light-Duty Trucks of More  Than 6,000  lbs. GVWR; Standards
for Model Years After  1995.-Effective with respect to the  model year
1996 and  thereafter, the regulations under  subsection (a) applicable
to emissions of nonmethane  hydrocarbons (NMHC), carbon monoxide (CO),
oxides of nitrogen  (NOx), and particulate matter (PM) from light-duty
trucks  (LDTs) of  more than  6,000 lbs.  gross vehicle  weight rating
(GVWR)  shall contain standards  which provide  that emissions  from a
specified  percentage  of each  manufacturer's  sales  volume of  such
trucks  shall comply  with  the  levels  specified  in  table  H.  The
specified percentage shall  be 50 percent in  model year 1996 and  100
percent thereafter. 
 
TABLE  H-emission standards for nmhc  and co from  gasoline and diesel
fueled    light-duty trucks of more than 6,000 lbs. gvwr 
 
                               Column A          Column B
                            (5 yrs/50,000 mi)  (10 yrs/120,000 mi)
LDT Test Weight               
                            NMHC   CO   NOx      NMHC   CO   NOx   PM

3,751-5,750 lbs. TW      0.32  4.4  0.7*       0.46 6.4  0.98  0.10
Over 5,750 lbs. TW       0.39  5.0  1.1*    0.56 7.3   1.53   .12
 
    Standards are expressed in grams per mile (GPM). 
    For standards under column A, for purposes of certification  under
section 206,  the applicable useful  life shall  be 5 years  or 50,000
miles (or the equivalent) whichever first occurs. 
    For standards under column B, for purposes  of certification under
section 206, the applicable  useful life shall be 11  years or 120,000
miles (or the equivalent), whichever first occurs. 
    * Not applicable to diesel-fueled LDTs. 

    "(i)  Phase   II  Study  for   Certain  Light-Duty  Vehicles   and
Light-Duty Trucks.-(1)  The Administrator,  with the  participation of
the  Office of  Technology  Assessment,  shall  study whether  or  not
further  reductions  in   emissions  from   light-duty  vehicles   and
light-duty trucks should be required pursuant to this title. The study
shall  consider  whether  to establish  with  respect  to model  years
commencing after January 1, 2003, the standards and useful life period
for  gasoline and  diesel-fueled  light-duty vehicles  and  light-duty
trucks  with a  loaded vehicle  weight  (LVW) of  3,750  lbs. or  less
specified in the following table: 
"TABLE  3-pending emission  standards for  gasoline and  diesel fueled
light-duty vehicles and light-duty trucks 3,750 lbs. lvw or less 
 
                  Pollutant                         Emission Level   
 
NMHC.......................................................0.125 gpm 
NOx........................................................0.2 gpm
CO.........................................................1.7 gpm 
  
    *  Emission levels  are  expressed in  grams  per mile  (GPM). For
vehicles and  engines  subject  to  this subsection  for  purposes  of
section  202(d) and  any reference  thereto, the  useful life  of such
vehicles and  engines shall be a  period of 10 years  or 100,000 miles
(or the equivalent), whichever first occurs. 
    Such study  shall also  consider other  standards and useful  life
periods  which are  more stringent  or less  stringent than  those set
forth  in table  3  (but more  stringent  than  those referred  to  in
subsections (g) and (h)). 
    "(2)(A)   As  part   of  the   study  under  paragraph   (1),  the
Administrator  shall  examine  the  need  for  further  reductions  in
emissions  in order  to attain  or maintain  the national  ambient air
quality standards, taking into  consideration the waiver provisions of
section 209(b).As partofsuch study,the Administratorshall alsoexamine-
 
       "(i)  the  availability  of  technology  (including  the  costs
    thereof),  in  the  case of  light-duty  vehicles  and  light-duty
    trucks with a loaded vehicle  weight (LVW) of 3,750 lbs. or  less,
    for meeting more stringent emission standards  than those provided
    in subsections (g)  and (h) for model years commencing not earlier
    than after January  1, 2003, and not  later than model  year 2006,
    including the lead time and  safety and energy impacts  of meeting
    more stringent emission standards; and 
       "(ii)  the  need  for,  and cost  effectiveness  of,  obtaining
    further reductions in emissions from such  light-duty vehicles and
    light-duty trucks, taking into consideration  alternative means of
    attaining or maintaining the national primary  ambient air quality
    standards  pursuant  to  State  implementation   plans  and  other
    requirements of  this Act,  including their  feasibility and  cost
    effectiveness. 
    "(B) The Administrator  shall submit a report to Congress no later
than June  1, 1997,  containing the  results of the  study under  this
subsection, including  the results of the  examination conducted under
subparagraph (A).  Before submittal  of such report  the Administrator
shall provide  a reasonable opportunity  for public comment  and shall
include a summary of such comments in the report to Congress. 
    "(3)(A) Based on the  study under paragraph (1) the  Administrator
shall determine, by  rule, within 3 calendar years after the report is
submitted to Congress, but not later than December 31, 1999, whether- 
       "(i) there is  a need  for further reductions  in emissions  as
    provided in paragraph (2)(A); 
       "(ii)  the  technology  for  meeting  more  stringent  emission
    standards will be  available, as provided in  paragraph (2)(A)(i),
    in the  case of light-duty vehicles  and light-duty  trucks with a
    loaded  vehicle weight  (LVW)  of 3,750  lbs.  or less,  for model
    years 
    commencing  not earlier  than January 1,  2003 and  not later than
    model  year 2006,  considering  the  factors listed  in  paragraph
    (2)(A)(i); and 
       "(iii)  obtaining  further reductions  in  emissions  from such
    vehicles  will   be  needed  and   cost  effective,  taking   into
    consideration alternatives as provided in paragraph (2)(A)(ii). 
The  rulemaking under  this paragraph shall  commence within  3 months
after submission of the report to Congress under paragraph (2)(B). 
    "(B) If the Administrator determines under  subparagraph (A) that-

       "(i)  there is no need  for further reductions  in emissions as
    provided in paragraph (2)(A); 
       "(ii)  the  technology  for  meeting  more  stringent  emission
    standards  will  not   be  available  as  provided   in  paragraph
    (2)(A)(i),  in the  case  of  light-duty vehicles  and  light-duty
    trucks with a loaded vehicle  weight (LVW) of 3,750 lbs. or  less,
    for model years commencing not  earlier than January 1,  2003, and
    not later than  model year 2006, considering the factors listed in
    paragraph (2)(A)(i); or 
       "(iii) obtaining  further  reductions in  emissions  from  such
    vehicles  will  not  be  needed  or  cost  effective,  taking into
    consideration alternatives as provided in paragraph (2)(A)(ii), 
the Administrator  shall not promulgate more  stringent standards than
those in effect pursuant  to subsections (g) and (h).  Nothing in this
paragraph  shall  prohibit  the  Administrator   from  exercising  the
Administrator's  authority  under  subsection (a)  to  promulgate more
stringent standards for light-duty vehicles and light-duty trucks with
a loaded vehicle weight (LVW)  of 3,750 lbs. or less at any other time
thereafter in accordance with subsection (a). 
    "(C) If the Administrator determines under  subparagraph (A) that-

       "(i) there is  a need  for further reductions  in emissions  as
    provided in paragraph (2)(A); 
       "(ii)  the  technology  for  meeting  more  stringent  emission
    standards will be  available, as provided in  paragraph (2)(A)(i),
    in the  case of light-duty vehicles  and light-duty  trucks with a
    loaded  vehicle weight  (LVW)  of 3,750  lbs.  or less,  for model
    years commencing not earlier than  January 1, 2003, and  not later
    than model year  2006, considering the factors listed in paragraph
    (2)(A)(i); and 
       "(iii) obtaining  further  reductions in  emissions  from  such
    vehicles  will   be  needed  and   cost  effective,  taking   into
    consideration alternatives as provided in paragraph (2)(A)(ii), 
the Administrator  shall either  promulgate the standards  (and useful
life  periods) set  forth in Table  3 in  paragraph (1)  or promulgate
alternative  standards  (and  useful  life  periods)  which  are  more
stringent than those  referred to in subsections (g) and (h). Any such
standards (or  useful life  periods) promulgated by  the Administrator
shall take effect  with respect  to any  such vehicles  or engines  no
earlier than the  model year 2003 but not later  than model year 2006,
as determined by the Administrator in the rule. 
    "(D)  Nothing   in  this  paragraph  shall  be  construed  by  the
Administrator or by a  court as a presumption  that any standards  (or
useful 
life  period) set  forth  in  Table  3 shall  be  promulgated  in  the
rulemaking  required under this paragraph. The  action required of the
Administrator  in accordance with this paragraph shall be treated as a
nondiscretionary duty  for purposes of section  304(a)(2) (relating to
citizen suits). 
    "(E) Unless  the Administrator determines  not to promulgate  more
stringent standards as provided in subparagraph (B) or to postpone the
effective date of standards referred to in Table 3 in paragraph (1) or
to establish  alternative standards  as provided in  subparagraph (C),
effective  with  respect to  model years  commencing after  January 1,
2003, the regulations under subsection (a) applicable to  emissions of
nonmethane hydrocarbons  (NMHC), oxides of nitrogen  (NOx), and carbon
monoxide (CO) from  motor vehicles  and motor vehicle  engines in  the
classes  specified in  Table 3  in paragraph  (1) above  shall contain
standards which  provide  that emissions  may not  exceed the  pending
emission levels specified in Table 3 in paragraph (1).". 
    (b) Useful  Life.-Section 202(d) of the  Clean Air  Act (42 U.S.C.
    7521(d)(1)) is amended as follows: 
       (1) Insert  "except where  a different  useful life  period  is
    specified in this title" after "provide that". 
       (2) Strike the semicolon at the end of paragraph (1) and insert
    the following  ", except  that in the  case of any  requirement of
    this section  which first becomes  applicable after the  enactment
    of  the Clean Air  Act Amendments  of 1990  where the  useful life
    period is not  otherwise specified for such  vehicles and engines,
    the  period   shall  be  10  years   or  100,000   miles  (or  the
    equivalent), whichever first occurs, with testing  for purposes of
    in-use  compliance under  section  207 up  to  (but not  beyond) 7
    years  or  75,000  miles  (or  the  equivalent),  whichever  first
    occurs;". 
       (3)  Insert "and light-duty trucks up  to 3,750 lbs. LVW and up
    to 6,000 lbs. GVWR" after "engines" in paragraph (1). 
    (c) Revised  Standards.-Subparagraph (C) of  section 202(b)(1)  of
the  Clean Air  Act (42 U.S.C.  7521(b)(1)(C)) is  amended to  read as
follows: 
    "(C)   The   Administrator   may   promulgate  regulations   under
subsection  (a)(1)  revising  any standard  prescribed  or  previously
revised under this subsection,  as needed to protect public  health or
welfare,  taking costs, energy,  and safety into  account. Any revised
standard shall require a reduction of emissions from the standard that
was  previously applicable.  Any such  revision under  this title  may
provide for a phase-in of  the standard. It is the intent  of Congress
that  the  numerical  emission  standards  specified  in   subsections
(a)(3)(B)(ii),  (g), (h),  and  (i)  shall  not  be  modified  by  the
Administrator after the enactment  of the Clean Air Act  Amendments of
1990 for any model year before the model year 2004.". 
    (d)  Promulgation.-Section 202(b)(2)  of  the  Clean Air  Act  (42
U.S.C. 7521(b)(2)) is amended to read as follows: 
    "(2)  Emission  standards under  paragraph  (1),  and  measurement
techniques on which such standards are based (if not promulgated prior
to the date of the enactment of the Clean Air Act Amendments of 1990),
shall be promulgated by regulation within 180 days after such date.". 
SEC. 204. CARBON MONOXIDE EMISSIONS AT COLD TEMPERATURES. 
    Section 202 of  the Clean Air Act  (42 U.S.C. 7521) is  amended by
adding the following new subsection after subsection (i): 
    "(j) Cold CO Standard.- 
       "(1) Phase i.-Not  later than 12 months  after the date  of the
    enactment  of   the  Clean   Air  Act  Amendments   of  1990,  the
    Administrator shall  promulgate regulations  under subsection  (a)
    of this  section applicable to emissions  of carbon  monoxide from
    1994  and later  model  year  light-duty vehicles  and  light-duty
    trucks when  operated at  20 degrees  Fahrenheit. The  regulations
    shall contain  standards which  provide that  emissions of  carbon
    monoxide  from  a  manufacturer's vehicles  when  operated  at  20
    degrees  Fahrenheit  may not  exceed, in  the  case  of light-duty
    vehicles,  10.0 grams  per  mile, and  in  the case  of light-duty
    trucks,  a  level   comparable  in  stringency  to   the  standard
    applicable  to  light-duty  vehicles.  The  standards  shall  take
    effect after  model year  1993 according  to  a phase-in  schedule
    which requires  a percentage of  each manufacturer's sales  volume
    of  light-duty  vehicles  and light-duty  trucks  to  comply  with
    applicable standards after  model year 1993. The  percentage shall
    be as specified in the following table: 
             "Phase-In Schedule for Cold Start Standards 
 
                  Model Year                           Percentage    
 
1994.......................................................40 
1995.......................................................80
1996 and after.............................................100 
   

       "(2)  Phase  ii.-(A)   Not  later  than   June  1,  1997,   the
    Administrator  shall  complete  a study  assessing  the  need  for
    further  reductions  in  emissions  of  carbon  monoxide  and  the
    maximum reductions  in such emissions  achievable from model  year
    2001  and later  model  year  light-duty vehicles  and  light-duty
    trucks when operated at 20 degrees Fahrenheit. 
       "(B)(i) If  as of June 1,  1997, 6 or  more nonattainment areas
    have  a carbon  monoxide design value  of 9.5 ppm  or greater, the
    regulations under subsection (a)(1) of this  section applicable to
    emissions of carbon  monoxide from model year 2002 and later model
    year  light-duty  vehicles  and  light-duty trucks  shall  contain
    standards which  provide that  emissions of  carbon monoxide  from
    such vehicles and trucks  when operated  at 20 degrees  Fahrenheit
    may not exceed 3.4 grams per mile (gpm) in  the case of light-duty
    vehicles and 4.4 grams  per mile (gpm)  in the case of  light-duty
    trucks up  to 6,000 GVWR and  a level comparable  in stringency in
    the case of light-duty trucks 6,000 GVWR and above. 
       "(ii) In determining for  purposes of this subparagraph whether
    6 or more  nonattainment areas have a carbon monoxide design value
    of 9.5 ppm or greater,  the Administrator shall exclude  the areas
    of Steubenville, Ohio, and Oshkosh, Wisconsin. 
       "(3)  Useful-life for  phase i and  phase ii  standards.-In the
    case of  the standards referred to in paragraphs  (1) and (2), for
    purposes of certification under section 206 and in-use com-
    pliance  under section  207,  the  applicable useful  life  period
    shall be 5 years or  50,000 miles, whichever first  occurs, except
    that the Administrator  may extend  such useful  life period  (for
    purposes  of  section   206,  or  section  207,  or  both)  if  he
    determines that  it is feasible  for vehicles and engines  subject
    to  such standards  to  meet such  standards  for a  longer useful
    life. If the Administrator  extends such  useful life period,  the
    Administrator  may make  an  appropriate adjustment  of applicable
    standards for such  extended useful life. No such  extended useful
    life  shall  extend beyond  the  useful  life period  provided  in
    regulations under subsection (d). 
       "(4) Heavy-duty  vehicles  and engines.-The  Administrator  may
    also promulgate regulations under subsection (a)(1) applicable  to
    emissions of carbon monoxide from heavy-duty  vehicles and engines
    when operated at cold temperatures.".  
SEC. 205. EVAPORATIVE EMISSIONS.  
    Section 202 of  the Clean Air Act  (42 U.S.C. 7521) is  amended by
adding the following new subsection after subsection (j): 
    "(k)  Control of  Evaporative  Emissions.-The  Administrator shall
promulgate (and  from time to  time revise) regulations  applicable to
evaporativeemissionsofhydrocarbonsfromallgasoline-fueledmotorvehicles-
 
       "(1) during operation; and 
       "(2) over 2 or more days of nonuse; 
under ozone-prone summertime conditions (as  determined by regulations
of  the   Administrator).  The   regulations  shall  take   effect  as
expeditiously as  possible and  shall require  the greatest  degree of
emission  reduction  achievable by  means  reasonably  expected to  be
available   for  production  during  any  model   year  to  which  the
regulations   apply,   giving   appropriate   consideration   to  fuel
volatility, and to  cost, energy, and  safety factors associated  with
the application of the appropriate technology. The Administrator shall
commence a rulemaking under this subsection within 12 months after the
date  of the  enactment of the  Clean Air  Act Amendments  of 1990. If
final regulations  are not promulgated under this subsection within 18
months after the date of the enactment of the Clean Air Act Amendments
of  1990, the Administrator shall  submit a statement  to the Congress
containing an explanation  of the  reasons for  the delay  and a  date
certain  for promulgation of such final regulations in accordance with
this Act.  Such date certain shall  not be later than  15 months after
the expiration of such 18 month deadline.".  
SEC. 206. MOBILE SOURCE-RELATED AIR TOXICS.  
    Section 202 of  the Clean Air Act  (42 U.S.C. 7521) is  amended by
adding the following new subsection after subsection (k): 
    "(l) Mobile Source-Related Air Toxics.- 
       "(1)  Study.-Not later  than 18  months after  the date  of the
    enactment  of  the   Clean  Air   Act  Amendments  of   1990,  the
    Administrator  shall  complete  a  study  of  the  need  for,  and
    feasibility  of, controlling  emissions  of toxic  air  pollutants
    which are  unregulated under  this Act and  associated with  motor
    vehicles   and  motor  vehicle  fuels,   and  the  need  for,  and
    feasibility  of, controlling  such  emissions  and the  means  and
    measures for  such  controls.  The  study  shall  focus  on  those
    categories of emis-
    sions that pose  the greatest risk to human  health or about which
    significant uncertainties remain, including emissions  of benzene,
    formaldehyde, and 1,  3 butadiene.  The proposed  report shall  be
    available  for  public  review and  comment  and  shall  include a
    summary of all comments. 
       "(2)  Standards.-Within  54  months   after  the  date  of  the
    enactment  of  the  Clean   Air  Act   Amendments  of  1990,   the
    Administrator  shall, based  on  the  study under  paragraph  (1),
    promulgate  (and  from  time to  time  revise)  regulations  under
    subsection  (a)(1)  or  section  211(c)(1)  containing  reasonable
    requirements  to  control  hazardous  air  pollutants  from  motor
    vehicles and  motor vehicle fuels.  The regulations shall  contain
    standards  for  such  fuels  or   vehicles,  or  both,  which  the
    Administrator determines reflect  the greatest degree of  emission
    reduction achievable through  the application of  technology which
    will  be  available,  taking  into   consideration  the  standards
    established under  subsection (a), the  availability and costs  of
    the technology,  and noise, energy,  and safety factors, and  lead
    time. Such  regulations shall not  be inconsistent with  standards
    under section  202(a). The regulations shall,  at a minimum, apply
    to emissions of benzene and formaldehyde.". 
SEC. 207. EMISSION CONTROL DIAGNOSTICS SYSTEMS AND BUSES.  
    (a) Emission  Control Diagnostics.-Section  202 of  the Clean  Air
Act  (42 U.S.C.  7521)  is  amended  by  adding  the  following  after
subsection (l):  
    "(m) Emissions Control Diagnostics.- 
       "(1) Regulations.-Within  18 months after the  enactment of the
    Clean  Air  Act  Amendments  of  1990,   the  Administrator  shall
    promulgate    regulations    under   subsection    (a)   requiring
    manufacturers to install  on all new light duty vehicles and light
    duty trucks diagnostics systems capable of- 
          "(A) accurately identifying for the vehicle's useful life as
       established  under  this   section,  emission-related   systems
       deterioration or  malfunction,  including, at  a  minimum,  the
       catalytic  converter and  oxygen sensor,  which could  cause or
       result  in failure  of  the vehicles  to  comply with  emission
       standards established under this section,  
          "(B) alerting the vehicle's owner or operator  to the likely
       need for emission-related components or  systems maintenance or
       repair,  
          "(C)  storing and  retrieving fault  codes specified  by the
       Administrator, and  
          "(D)  providing access  to  stored information  in  a manner
       specified by the Administrator.  
    The  Administrator   may,  in   the  Administrator's   discretion,
    promulgate  regulations requiring  manufacturers  to  install such
    onboard diagnostic systems on heavy-duty vehicles and engines. 
       "(2)  Effective date.-The regulations  required under paragraph
    (1)  of this  subsection  shall take  effect  in model  year 1994,
    except that  the Administrator may  waive the application of  such
    regulations for  model year 1994 or 1995 (or both) with respect to
    any  class or  category  of  motor vehicles  if  the Administrator
    determines that it would be infeasible to apply the regu-
    lations  to that class  or category  in such model  year or years,
    consistent with corresponding  regulations or policies adopted  by
    the California Air Resources Board for such systems. 
       "(3)  State inspection.-The  Administrator shall  by regulation
    require  States that  have implementation  plans  containing motor
    vehicle inspection and  maintenance programs to amend  their plans
    within 2 years  after promulgation of such  regulations to provide
    for inspection  of onboard diagnostics  systems (as prescribed  by
    regulations under  paragraph (1) of  this subsection) and for  the
    maintenance  or repair  of  malfunctions  or system  deterioration
    identified   by  or  affecting   such  diagnostics  systems.  Such
    regulations  shall not  be inconsistent  with  the provisions  for
    warranties promulgated under section 207(a) and (b).  
       "(4) Specific requirements.-In  promulgating regulations  under
    this subsection, the Administrator shall require- 
          "(A) that any  connectors through which the emission control
       diagnostics  system  is  accessed  for  inspection,  diagnosis,
       service, or repair shall  be standard and uniform on  all motor
       vehicles and motor vehicle engines; 
          "(B) that access  to the emission control diagnostics system
       through  such connectors  shall be  unrestricted and  shall not
       require any access code  or any device which is  only available
       from a vehicle manufacturer; and 
          "(C) that the  output of the data from the  emission control
       diagnostics  system  through such  connectors  shall  be usable
       without the need for any unique decoding information or device.

       "(5)    Information    availability.-The   Administrator,    by
    regulation, shall  require (subject to  the provisions of  section
    208(c) regarding the  protection of methods or  processes entitled
    to protection as trade secrets) manufacturers  to provide promptly
    to  any person  engaged  in the  repairing  or servicing  of motor
    vehicles  or motor vehicle engines,  and the Administrator for use
    by any such  persons, with any and all  information needed to make
    use of  the emission control  diagnostics system prescribed  under
    this  subsection and such other information including instructions
    for  making  emission  related  diagnosis  and  repairs.  No  such
    information  may  be   withheld  under  section  208(c)   if  that
    information   is   provided  (directly   or  indirectly)   by  the
    manufacturer to  franchised dealers  or other  persons engaged  in
    the repair,  diagnosing, or servicing  of motor vehicles or  motor
    vehicle  engines. Such information shall  also be available to the
    Administrator,  subject to  section 208(c),  in  carrying out  the
    Administrator's responsibilities under this section.". 
    (b) Buses.-Section 202  of the Clean Air Act  is amended by adding
the following new subsection at the end thereof: 
       "(f) Model  Years After 1990.-For  model years  prior to  model
    year  1994, the  regulations under  section  202(a) applicable  to
    buses  other than  those subject  to standards  under  section 219
    shall  contain  a  standard  which  provides   that  emissions  of
    particulate  matter  (PM)  from  such  buses may  not  exceed  the
    standards set forth in the following table: 
 
                       "PM STANDARD FOR BUSES  
 
                  Model Year                           Standard*
 
1991.......................................................0.25 
1992........................................................25
1993 and after..............................................10 
  
    *  Standards are  expressed  in grams  per brake  horsepower  hour
(g/bhp/hr). 
 
SEC. 208. MOTOR VEHICLE TESTING AND CERTIFICATION. 
    (a) Additional  Testing  Procedures.-Section 206(a)  of the  Clean
Air Act (42 U.S.C. 7525(a)) is  amended by adding the following  after
paragraph (3): 
    "(4)(A) Not later than 12  months after the date of the  enactment
of  the  Clean Air  Act Amendments  of  1990, the  Administrator shall
revise the regulations  promulgated under this subsection  to add test
procedures capable of  determining whether model  year 1994 and  later
model year  light-duty vehicles  and light-duty trucks,  when properly
maintained and used,  will pass the inspection methods  and procedures
established under section 207(b) for that model year, under conditions
reasonably likely to be  encountered in the conduct of  inspection and
maintenance programs,  but  which  those  programs  cannot  reasonably
influence   or   control.   The   conditions    shall   include   fuel
characteristics, ambient  temperature, and short (30  minutes or less)
waiting periods  before tests  are conducted. The  Administrator shall
not  grant a certificate of  conformity under this  subsection for any
1994  or later  model year  vehicle or  engine that  the Administrator
concludes  cannot  pass the  test  procedures  established under  this
paragraph. 
    "(B)  From  time  to  time,  the  Administrator   may  revise  the
regulations promulgated under subparagraph  (A), as the  Administrator
deems appropriate.". 
    (b) Projected  Sales Not Exceeding  300.-Section 206(a)(1) of  the
Clean Air Act  (42 U.S.C. 7525(a)(1)) is amended by striking the third
sentence and inserting  the following:  "In the case  of any  original
equipment manufacturer (as defined by the Administrator in regulations
promulgated before  the date of  the enactment  of the  Clean Air  Act
Amendments of  1990) of  vehicles or  vehicle engines whose  projected
sales in  the United States for  any model year (as  determined by the
Administrator)  will  not  exceed  300, the  Administrator  shall  not
require, for purposes of determining compliance with regulations under
section 202 for the useful life of the vehicle or engine, operation of
any vehicle or  engine manufactured  during such model  year for  more
than 5,000 miles or 160 hours, respectively, unless the Administrator,
by regulation, prescribes otherwise. The Administrator shall apply any
adjustment factors that the  Administrator deems appropriate to assure
that each vehicle  or engine will  comply during  its useful life  (as
determined under section 202(d)) with the regulations prescribed under
section 202.". 
    (c)  FTP  Modifications.-Section  206  of  the  Clean  Air Act  is
amended by adding the following new subsection at the end thereof: 
    "(h) Within  18 months after  the enactment of  the Clean Air  Act
Amendments  of  1990, the  Administrator  shall review  and  revise as
necessary the regulations under subsection (a) and (b) of this section
regarding the testing of  motor vehicles and motor vehicle  engines to
insure that vehicles are tested under circumstances which  reflect the
actual current driving conditions under which motor vehicles are used,
including conditions relating to fuel,  temperature, acceleration, and
altitude.". 
SEC. 209. AUTO WARRANTIES. 
    Effective  with  respect   to  new  motor  vehicles   and  engines
manufactured in the model year 1995 and thereafter, section 207 of the
Clean Air Act (42 U.S.C. 7541) is amended as follows: 
       (1)  Strike  out  "useful  life (as  determined  under  section
    202(d))" each place it appears  in subsection (b) and  insert "the
    warranty period (as determined under subsection (i))". 
       (2)  Strike  so much  of section  207(b)  as follows  the third
       sentence thereof. 
       (3) Add the following new subsection at the end thereof: 
    "(i) Warranty Period.- 
          "(1)  In  general.-For  purposes of  subsection  (a)(1)  and
       subsection (b), the warranty  period, effective with respect to
       new light-duty trucks and  new light-duty vehicles and engines,
       manufactured in  the model year  1995 and thereafter,  shall be
       the  first  2 years  or 24,000  miles  of use  (whichever first
       occurs),  except as provided in  paragraph (2). For purposes of
       subsection (a)(1)  and subsection  (b), for other  vehicles and
       engines the warranty period shall be the  period established by
       the  Administrator  by  regulation  (promulgated prior  to  the
       enactment of the  Clean Air  Act Amendments of  1990) for  such
       purposes  unless the  Administrator subsequently  modifies such
       regulation. 
          "(2)  Specified major  emission  control  components.-In the
       case  of  a specified  major  emission  control component,  the
       warranty period  for new  light-duty trucks and  new light-duty
       vehicles and  engines manufactured in  the model year  1995 and
       thereafter for purposes of subsection (a)(1) and subsection (b)
       shall  be 8  years  or 80,000  miles  of use  (whichever  first
       occurs). As used in  this paragraph, the term `specified  major
       emission control  component' means only  a catalytic converter,
       an electronic emissions control  unit, and an onboard emissions
       diagnostic  device, except that the Administrator may designate
       any  other pollution control device or component as a specified
       major emission control component if- 
            "(A) the device  or component was  not in  general use  on
          vehicles and  engines manufactured  prior to  the model year
          1990; and 
            "(B)  the Administrator  determines that  the retail  cost
          (exclusive  of   installation  costs)  of  such   device  or
          component exceeds  $200  (in  1989  dollars),  adjusted  for
          inflation or deflation as calculated by the Administrator at
          the time of such determination. 
       For  purposes of  this paragraph,  the term  `onboard emissions
       diagnostic device'  means any device installed  for the purpose
       of  storing   or   processing  emissions   related   diagnostic
       information, but not including any parts or other systems which
       it   monitors   except   specified  major   emissions   control
       components. Nothing in  this Act shall be  construed to provide
       that any part (other than 
       a part referred to in the preceding sentence) shall be required
       to be  warranted under this  Act for the  period of 8  years or
       80,000 miles referred to in this paragraph. 
          "(3) Instructions.-Subparagraph  (A)  of  subsection  (b)(2)
       shall   apply  only   where  the   Administrator  has   made  a
       determination  that the instructions  concerned conform  to the
       requirements of subsection (c)(3).". 
          (4) Amend subsection  (a)(1) by adding the following  at the
       end thereof: "In the case  of vehicles and engines manufactured
       in  the  model year  1995  and thereafter  such  warranty shall
       require  that the  vehicle  or engine  is  free from  any  such
       defects  for the  warranty  period  provided  under  subsection
       (i).". 
SEC. 210. IN-USE COMPLIANCE-RECALL. 
    Section  207(c)  of the  Clean  Air  Act  (42  U.S.C. 7541(c))  is
amended by adding the following at the end thereof: 
       "(4) Intermediate in-use standards.- 
          "(A) Model years 1994  and 1995.-For light-duty trucks of up
       to 6,000 lbs. gross vehicle weight rating (GVWR) and light-duty
       vehicles  which are  subject  to  standards under  table  G  of
       section 202(g)(1) in model  years 1994 and 1995 (40  percent of
       the  manufacturer's  sales volume  in  model year  1994  and 80
       percent in model year 1995),  the standards applicable to NMHC,
       CO,  and NOx for purposes of this subsection shall be those set
       forth in  table A below in  lieu of the standards  for such air
       pollutants otherwise applicable under this title. 
 
"TABLE  A-intermidiate in-use standards ldts up to 6,000 lbs. gvwr and
light-duty                    vehicles  
 
Vehicle type                                   NMHC   CO   NOx

Light-duty vehicles........................    0.32 3.4  0.4* 
LDTs (0-3,750 lbs. LVW).................... 0.32 5.2   0.4*
LDTs (3,750-5,750 lbs. LVW)................ 0.41 6.7   0.7* 
  
    * Not applicable to diesel-fueled vehicles. 

          "(B) Model years 1996 and thereafter.-(i) In the model years
       1996  and 1997, light-duty trucks (LDTs) up to 6,000 lbs. gross
       vehicle weight rating (GVWR)  and light-duty vehicles which are
       not subject to final in-use  standards under paragraph (5)  (60
       percent of  the manufacturer's sales volume in  model year 1996
       and  20 percent in  model year  1997) shall  be subject  to the
       standards  set forth in table  A of subparagraph  (A) for NMHC,
       CO,  and NOx for  purposes of this subsection  in lieu of those
       set forth in paragraph (5). 
          "(ii) For LDTs of more than 6,000 lbs. GVWR- 
            "(I)  in  model  year   1996  which  are  subject  to  the
          standards set forth in Table H of section 202(h) (50%); 
            "(II) in model year 1997 (100%); and 
            "(III) in model year 1998  which are not subject  to final
          in-use standards under paragraph (5) (50%); 
 
          the standards  for NMHC,  CO, and NOx for  purposes of  this
          subsection shall be those set forth in Table B below in lieu
          of   the  standards   for  such  air   pollutants  otherwise
          applicable under this title. 
 
"Table B-Intermediate In-Use Standards LDTs More Than 6,000 Lbs. GVWR 
 
Vehicle type                                        NMHC   CO   NOx

LDTs (3,750-5,750 lbs. LVW)....................  0.40  5.5  0.88*
LDTs (over 7,750 lbs. LVW).....................  0.49  6.2  1.38* 
  
    * Not applicable to diesel-fueled vehicles. 

          "(C)  Useful  life.-In  the  case  of  the  in-use standards
       applicable under this paragraph,  for purposes of applying this
       subsection, the  applicable useful  life  shall be  5 years  or
       50,000 miles or the equivalent (whichever first occurs). 
       "(5) Final in-use  standards.- (A) After  the model year  1995,
    for  purposes of  applying  this subsection,  in  the case  of the
    percentage specified in the implementation schedule  below of each
    manufacturer's sales volume  of light-duty trucks of  up to  6,000
    lbs. gross vehicle  weight rating (GVWR) and light  duty vehicles,
    the standards for NMHC, CO,  and NOx shall be as provided in Table
    G  in section  202(g), except that  in applying  the standards set
    forth in Table  G for purposes of determining compliance with this
    subsection,  the applicable  useful life shall  be (i)  5 years or
    50,000  miles (or  the equivalent)  whichever first occurs  in the
    case  of standards  applicable for  purposes  of certification  at
    50,000  miles;  and  (ii)  10  years  or  100,000  miles  (or  the
    equivalent),  whichever first  occurs  in  the case  of  standards
    applicable for purposes of certification at  100,000 miles, except
    that no testing shall be done beyond  7 years or 75,000 miles,  or
    the equivalent whichever first occurs. 
 
"LDTs  up to  6,000  Lbs. GVWR  and  Light-Duty Vehicle  Schedule  for
Implementation of       Final In-Use Standards 
 
                  Model Year                                   Percent
 
1996.......................................................    40 
1997.......................................................    80
1998.......................................................    100 
   

       "(B) After the model  year 1997, for purposes of  applying this
    subsection,  in  the  case  of  the  percentage specified  in  the
    implementation schedule below of each manufacturer's sales  volume
    of light-duty trucks  of more than 6,000 lbs. gross vehicle weight
    rating (GVWR), the  standards for  NMHC, CO, and  NOx shall be  as
    provided  in Table  H in section  202(h), except  that in applying
    the  standards set  forth in Table  H for  purposes of determining
    compliance with this subsection, the applicable  useful life shall
    be  (i) 5  years  or 50,000  miles  (or the  equivalent) whichever
    first occurs in the case of standards applicable for purposes 
    of  certification at  50,000 miles; and  (ii) 11  years or 120,000
    miles (or the equivalent), whichever  first occurs in the  case of
    standards  applicable for  purposes  of  certification at  120,000
    miles, except  that no  testing shall  be done beyond  7 years  or
    90,000 miles (or the equivalent) whichever first occurs. 
 
"LDTs  of  More  Than  6,000  Lbs.  GVWR  Implementation  Schedule for
Implementation of       Final In-Use Standards 
 
                  Model Year                                   Percent
 
1998.......................................................    50 
1999.......................................................    100
  

    "(6) Diesel vehicles; in-use useful life and testing.-
       (A)  In the case of diesel-fueled light-duty trucks up to 6,000
    lbs. GVWR  and light-duty vehicles,  the useful life for  purposes
    of determining in-use compliance with the  standards under section
    202(g) for NOx shall be a  period of 10 years or 100,000 miles (or
    the equivalent), whichever  first occurs, in the case of standards
    applicable for purposes of certification at  100,000 miles, except
    that testing  shall not  be done for  a period  beyond 7 years  or
    75,000 miles (or the equivalent) whichever first occurs. 
       "(B) In the  case of diesel-fueled  light-duty trucks of  6,000
    lbs.  GVWR or  more, the useful  life for  purposes of determining
    in-use compliance with the standards under section  202(h) for NOx
    shall  be  a  period  of  11  years  or  120,000  miles  (or   the
    equivalent),  whichever first  occurs, in  the  case of  standards
    applicable for purposes of certification at  120,000 miles, except
    that  testing shall not  be done  for a  period beyond 7  years or
    90,000 miles (or the equivalent) whichever first occurs.". 
SEC. 211. INFORMATION COLLECTION.  
    Section 208 of  the Clean Air Act  (42 U.S.C. 7542) is  amended to
read as follows:
"SEC. 208. INFORMATION COLLECTION. 
    "(a)  Manufacturer's  Responsibility.-Every  manufacturer  of  new
motor vehicles or new motor vehicle engines, and every manufacturer of
new motor vehicle  or engine  parts or components,  and other  persons
subject to the requirements  of this part  or part C, shall  establish
and  maintain  records,  perform  tests  where  such  testing  is  not
otherwise reasonably available under this  part and part C  (including
fees  for   testing),  make   reports  and  provide   information  the
Administrator  may   reasonably  require  to  determine   whether  the
manufacturer or other person has acted or is acting in compliance with
this part and part C and regulations thereunder, or to otherwise carry
out the provision of this part and part C,  and shall, upon request of
an  officer or employee  duly designated by  the Administrator, permit
such officer or  employee at reasonable  times to  have access to  and
copy such records.  
    "(b)  Enforcement Authority.-For  the purposes  of enforcement  of
this   section,  officers   or  employees   duly  designated   by  the
Administrator upon presenting appropriate credentials are authorized- 
       "(1) to enter,  at reasonable times,  any establishment of  the
    manufacturer, or of  any person  whom the manufacturer  engages to
    perform any activity  required by subsection (a), for the purposes
    of  inspecting or  observing any  activity  conducted pursuant  to
    subsection (a), and  
       "(2)  to inspect records,  files, papers,  processes, controls,
    and  facilities  used  in  performing  any  activity  required  by
    subsection  (a), by  such manufacturer or  by any  person whom the
    manufacturer engages to perform any such activity.  
    "(c)  Availability  to  the  Public;  Trade  Secrets.-Any records,
reports,  or information obtained  under this part or  part C shall be
available  to the public, except  that upon a  showing satisfactory to
the Administrator by any person that records, reports, or information,
or a particular portion  thereof (other than emission data),  to which
the Administrator has access under this section, if made public, would
divulge methods  or processes entitled to protection  as trade secrets
of that person, the  Administrator shall consider the record,  report,
or  information  or   particular  portion   thereof  confidential   in
accordance with the purposes of section 1905 of title 18 of the United
States Code. Any authorized  representative of the Administrator shall
be considered an employee of the United States for purposes of section
1905 of  title 18 of the  United States Code. Nothing  in this section
shall prohibit  the Administrator or authorized  representative of the
Administrator from disclosing records, reports or information to other
officers, employees or authorized representatives of the United States
concerned  with  carrying  out  this  Act  or  when  relevant  in  any
proceeding under this Act. Nothing in this section shall authorize the
withholding  of  information by  the Administrator  or any  officer or
employee under  the Administrator's  control from the  duly authorized
committees of the Congress.". 
SEC. 212. NONROAD FUELS. 
    (a) Fuels and  Fuel Additives.-Section 211(a) of the Clean Air Act
(42  U.S.C. 7545(a)) is amended  by inserting "(including  any fuel or
fuel  additive   used  exclusively  in  nonroad   engines  or  nonroad
vehicles)" immediately after "fuel or fuel additive".  
    (b) Analytical Techniques.-Section  211(b)(2)(B) of the  Clean Air
Act (42 U.S.C. 7545(2)(B)) is amended by striking "or" after "vehicle"
and  inserting in lieu thereof  a comma, and  by inserting immediately
after  "vehicle  engine,"  the  phrase:  "nonroad  engine  or  nonroad
vehicle,". 
    (c) Regulation.-Section 211(c)(1) of the Clean Air  Act (42 U.S.C.
7545(c)(1)) is  amended  by striking  "or" after  "motor vehicle"  and
inserting  in lieu thereof a comma, and by inserting immediately after
"motor  vehicle  engine" a  comma followed  by  "or nonroad  engine or
nonroad vehicle". 
SEC. 213. STATE FUEL REGULATION. 
    (a)  In General.-Section  211(c)(4)(A)  of the  Clean Air  Act (42
U.S.C. 7545(c)(4)(A)) is amended as follows: 
       (1) Strike out  "use of  a" and insert  "any characteristic  or
    component of a". 
       (2) In clause (i) after "control or prohibition" insert "of the
    characteristic or component of a fuel or fuel additive". 
       (3)  In  clause (ii)  after  "such"  insert "characteristic  or
    component of a". 
    (b) Finding  of Necessity.-Section 211(c)(4)(C)  of the Clean  Air
Act  (42 U.S.C. 7545(c)(4)(C)) is  amended by adding  the following at
the  end:  "The  Administrator  may  find  that  a  State  control  or
prohibition is necessary to achieve that standard if no other measures
that would bring about  timely attainment exist, or if  other measures
exist and  are technically possible to implement, but are unreasonable
or impracticable.  The Administrator may  make a finding  of necessity
under this subparagraph even if the plan for the area does not contain
an approved demonstration of timely attainment.". 
SEC. 214. FUEL WAIVERS. 
    (a) Coverage.-Section 211(f)(1)  of the Clean Air  Act (42  U.S.C.
7545(f)(1) is amended  by inserting "(A)" immediately  after "(1)" and
by adding the following new subparagraph at the end thereof: 
    "(B)  Effective upon  the date of  the enactment of  the Clean Air
Act  Amendments of 1990, it shall  be unlawful for any manufacturer of
any fuel  or fuel  additive to first  introduce into  commerce, or  to
increase the  concentration in use of,  any fuel or  fuel additive for
use by any person in motor vehicles manufactured after model year 1974
which  is not  substantially  similar to  any  fuel or  fuel  additive
utilized  in the certification of  any model year  1975, or subsequent
model year, vehicle or engine under section 206.". 
    (b) Conforming Amendment.-Section  211(f)(3) of the Clean  Air Act
(42 U.S.C. 7545(f)(3)) is amended by inserting "(A)" immediately after
"(1)". 
SEC. 215. MISFUELING. 
    Section  211(g)  of the  Clean  Air  Act  (42  U.S.C. 7545(g))  is
amended to read as follows: 
    "(g) Misfueling.-(1) No  person shall introduce, or cause or allow
the introduction of, leaded  gasoline into any motor vehicle  which is
labeled `unleaded  gasoline only,' which  is equipped with  a gasoline
tank filler inlet designed for the introduction  of unleaded gasoline,
which  is a  1990 or  later model  year motor  vehicle, or  which such
person knows or  should know is a vehicle designed  solely for the use
of unleaded gasoline. 
    "(2)  Beginning  October 1,  1993,  no person  shall introduce  or
cause or allow the introduction into any  motor vehicle of diesel fuel
which such person  knows or  should know contains  a concentration  of
sulfur in excess of 0.05 percent (by weight) or which fails to meet  a
cetane index  minimum of  40 or  such equivalent  alternative aromatic
level as prescribed by the Administrator under subsection (i)(2).". 
SEC. 216. FUEL VOLATILITY. 
    Section 211 of  the Clean Air Act  (42 U.S.C. 7545) is  amended by
adding the following new subsection at the end thereof: 
       "(h) Reid Vapor  Pressure Requirements.- "(1)  Prohibition.-Not
    later than 6 months  after the date of the enactment of  the Clean
    Air Act  Amendments of  1990, the  Administrator shall  promulgate
    regulations  making it  unlawful for  any person  during  the high
    ozone season (as  defined by the Administrator) to sell, offer for
    sale, dispense, supply, offer 
    for supply, transport, or introduce into commerce gasoline  with a
    Reid Vapor  Pressure  in excess  of  9.0  pounds per  square  inch
    (psi). Such regulations  shall also establish more  stringent Reid
    Vapor  Pressure   standards  in  a   nonattainment  area  as   the
    Administrator  finds  necessary to  generally  achieve  comparable
    evaporative emissions  (on a  per-vehicle basis)  in nonattainment
    areas,  taking  into  consideration  the  enforceability  of  such
    standards, the need  of an area for emission control, and economic
    factors. 
       "(2)  Attainment areas.-The  regulations under  this subsection
    shall not  make  it unlawful  for any  person to  sell, offer  for
    supply,  transport, or  introduce into  commerce  gasoline with  a
    Reid Vapor Pressure of 9.0  pounds per square inch (psi)  or lower
    in any  area designated under section  107 as  an attainment area.
    Notwithstanding  the  preceding  sentence,  the Administrator  may
    impose a  Reid vapor  pressure requirement  lower than  9.0 pounds
    per  square   inch  (psi)   in  any   area,   formerly  an   ozone
    nonattainment area, which  has been redesignated as  an attainment
    area. 
       "(3)  Effective date;  enforcement.-The regulations  under this
    subsection shall provide that the requirements  of this subsection
    shall  take effect not later than  the high ozone season for 1992,
    and shall include such provisions as  the Administrator determines
    are necessary  to implement  and enforce the  requirements of this
    subsection. 
       "(4) Ethanol waiver.-For fuel blends containing gasoline and 10
    percent  denatured  anhydrous  ethanol,  the Reid  vapor  pressure
    limitation  under this  subsection shall  be one pound  per square
    inch  (psi)  greater  than  the  applicable  Reid  vapor  pressure
    limitations established  under paragraph  (1); Provided,  however,
    That  a   distributor,  blender,   marketer,  reseller,   carrier,
    retailer, or  wholesale purchaser-consumer shall  be deemed to  be
    in full compliance  with the provisions of this subsection and the
    regulations  promulgated  thereunder  if  it can  demonstrate  (by
    showing receipt  of a certification  or other evidence  acceptable
    to the Administrator) that- 
          "(A) the gasoline  portion of  the blend  complies with  the
       Reid  vapor pressure  limitations promulgated pursuant  to this
       subsection; 
          "(B)  the ethanol portion  of the blend does  not exceed its
       waiver condition under subsection (f)(4); and 
          "(C) no additional alcohol or other  additive has been added
       to increase the Reid  Vapor Pressure of the ethanol  portion of
       the blend. 
       "(5) Areas  covered.-The  provisions of  this subsection  shall
    apply  only  to the  48  contiguous  States  and  the District  of
    Columbia.". 
SEC. 217. DIESEL FUEL SULFUR CONTENT. 
    Section 211 of  the Clean Air Act  (42 U.S.C. 7545) is  amended by
adding the following new subsection at the end thereof: 
    "(i) Sulfur  Content Requirements  for Diesel Fuel.-(1)  Effective
October  1, 1993, no person shall manufacture, sell, supply, offer for
sale or supply, dispense, transport, or introduce into com-
merce  motor  vehicle diesel  fuel which  contains a  concentration of
sulfur in excess of 0.05  percent (by weight) or which fails to meet a
cetane index minimum of 40. 
    "(2) Not later  than 12 months after the  date of the enactment of
the  Clean  Air  Act  Amendments  of  1990,  the  Administrator  shall
promulgate regulations  to implement  and enforce the  requirements of
paragraph  (1).  The  Administrator   may  require  manufacturers  and
importers of diesel fuel not intended for use in motor vehicles to dye
such fuel in a particular  manner in order to segregate it  from motor
vehicle  diesel fuel.  The Administrator  may establish  an equivalent
alternative  aromatic  level  to  the cetane  index  specification  in
paragraph (1). 
    "(3) The  sulfur  content of  fuel  required  to be  used  in  the
certification  of  1991  through  1993 model  year  heavy-duty  diesel
vehicles and engines  shall be  0.10 percent (by  weight). The  sulfur
content and  cetane index minimum of  fuel required to be  used in the
certification of  1994 and later model year heavy-duty diesel vehicles
and  engines  shall  comply  with the  regulations  promulgated  under
paragraph (2). 
    "(4) The  States of  Alaska and Hawaii  may be  exempted from  the
requirements  of this  subsection in  the same  manner as  provided in
section 324. The Administrator shall take final action on any petition
filed under section  324 or this  paragraph for an exemption  from the
requirements of this subsection, within 12 months from the date of the
petition.".  
SEC. 218. LEAD SUBSTITUTE GASOLINE ADDITIVES. 
    (a) Additives.-Section 211 of the  Clean Air Act (42  U.S.C. 7545)
is amended by adding the following at the end thereof: 
    "(j) Lead  Substitute Gasoline  Additives.-(1) After  the date  of
the enactment  of the  Clean Air  Act Amendments of  1990, any  person
proposing to register any gasoline additive under subsection (a) or to
use any previously registered  additive as a lead substitute  may also
elect  to register the additive as a lead substitute gasoline additive
for  reducing valve seat wear by providing the Administrator with such
relevant information regarding product identity and composition as the
Administrator deems necessary for carrying out the responsibilities of
paragraph (2) of  this subsection  (in addition  to other  information
which may be required under subsection (b)). 
    "(2) In addition to the other testing which may be required  under
subsection  (b), in the case of the lead substitute gasoline additives
referred  to in  paragraph (1),  the Administrator  shall develop  and
publish a test procedure to determine the  additives' effectiveness in
reducing valve  seat wear  and  the additives'  tendencies to  produce
engine deposits  and other adverse  side effects. The  test procedures
shall be  developed in cooperation  with the Secretary  of Agriculture
and  with  the  input of  additive  manufacturers,  engine and  engine
components   manufacturers,   and   other  interested   persons.   The
Administrator  shall  enter  into  arrangements  with  an  independent
laboratory to conduct tests of each additive using the test procedures
developed and published pursuant  to this paragraph. The Administrator
shall publish the results of the tests by company and additive name in
the Federal Register along with, for comparison purposes, the  results
of applying the same test procedures to gasoline contain-
ing  0.1  gram of  lead  per gallon  in  lieu of  the  lead substitute
gasoline additive. The Administrator shall not rank or  otherwise rate
the lead  substitute additives.  Test procedures shall  be established
within 1 year after  the date of  the enactment of  the Clean Air  Act
Amendments of 1990. Additives shall be tested  within 18 months of the
date  of the enactment  of the Clean  Air Act Amendments  of 1990 or 6
months  after  the lead  substitute  additives are  identified  to the
Administrator, whichever is later. 
    "(3) The Administrator may impose a  user fee to recover the costs
of testing  of any fuel additive  referred to in this  subsection. The
fee shall  be  paid by  the  person  proposing to  register  the  fuel
additive concerned. Such  fee shall  not exceed $20,000  for a  single
fuel additive. 
    "(4) There are authorized to be appropriated  to the Administrator
not more  than $1,000,000 for  the second  full fiscal year  after the
date  of the  enactment of  the Clean  Air Act  Amendments of  1990 to
establish test procedures and conduct engine tests as provided in this
subsection.  Not more  than  $500,000 per  year  is authorized  to  be
appropriated for each of the 5 subsequent fiscal years. 
    "(5) Any  fees collected under this  subsection shall be deposited
in a  special fund  in the  United States  Treasury for  licensing and
other services which thereafter  shall be available for appropriation,
to  remain  available  until  expended,  to  carry  out  the  Agency's
activities for which the fees were collected.". 
SEC. 219. REFORMULATED GASOLINE AND OXYGENATED GASOLINE. 
    Section 211 of  the Clean Air Act  (42 U.S.C. 7545) is  amended by
adding the following at the end thereof: 
    "(k) Reformulated Gasoline for Conventional Vehicles.- 
       "(1)  EPA regulations.-Within 1 year after the enactment of the
    Clean  Air  Act  Amendments  of  1990,   the  Administrator  shall
    promulgate    regulations   under    this   section   establishing
    requirements   for   reformulated   gasoline   to   be   used   in
    gasoline-fueled vehicles  in specified  nonattainment areas.  Such
    regulations shall require  the greatest reduction in  emissions of
    ozone forming  volatile organic compounds  (during the high  ozone
    season) and emissions  of toxic air pollutants (during  the entire
    year)  achievable  through  the   reformulation  of   conventional
    gasoline, taking  into consideration  the cost  of achieving  such
    emission  reductions,  any  nonair-quality  and other  air-quality
    related health and  environmental impacts and energy requirements.

       "(2)  General  requirements.-The  regulations  referred  to  in
    paragraph (1)  shall  require  that reformulated  gasoline  comply
    with  paragraph (3) and  with each  of the  following requirements
    (subject to paragraph (7)): 
          "(A)   NOx  emissions.-The emissions  of oxides  of nitrogen
       (NOx)  from  baseline  vehicles  when  using  the  reformulated
       gasoline shall be no  greater than the level of  such emissions
       from  such  vehicles  when  using  baseline  gasoline.  If  the
       Administrator determines that compliance with the limitation on
       emissions of oxides of nitrogen under the preceding sentence is
       technically  infeasible,  considering  the  other  requirements
       applicable  under  this   subsection  to  such  gasoline,   the
       Administrator may, as appropriate to ensure 
       compliance with this subparagraph, adjust (or waive  entirely),
       any other requirements of  this paragraph (including the oxygen
       content requirement  contained  in  subparagraph  (B))  or  any
       requirements applicable under paragraph (3)(A). 
          "(B) Oxygen  content.-The  oxygen  content of  the  gasoline
       shall  equal  or exceed  2.0 percent  by  weight (subject  to a
       testing tolerance  established by the Administrator)  except as
       otherwise required by this Act. The Administrator may waive, in
       whole  or in part, the application of this subparagraph for any
       ozone  nonattainment   area   upon  a   determination  by   the
       Administrator  that  compliance  with  such  requirement  would
       prevent  or  interfere with  the attainment  by  the area  of a
       national primary ambient air quality standard. 
          "(C) Benzene  content.-The benzene  content of  the gasoline
       shall not exceed 1.0 percent by volume. 
          "(D) Heavy metals.-The  gasoline shall have no heavy metals,
       including lead  or manganese.  The Administrator may  waive the
       prohibition contained  in this  subparagraph for a  heavy metal
       (other than lead) if the Administrator determines that addition
       of the heavy  metal to  the gasoline will  not increase, on  an
       aggregate  mass  or  cancer-risk  basis,  toxic  air  pollutant
       emissions from motor vehicles. 
       "(3) More  stringent of  formula or  performance standards.-The
    regulations referred to in paragraph (1)  shall require compliance
    with the  more stringent of either  the requirements  set forth in
    subparagraph (A) or the requirements  of subparagraph (B) of  this
    paragraph.  For   purposes  of  determining   the  more  stringent
    provision,  clause (i)  and clause (ii)  of subparagraph (B) shall
    be considered independently. 
          "(A) Formula.- 
            "(i) Benzene.-The  benzene  content  of  the  reformulated
          gasoline shall not exceed 1.0 percent by volume. 
            "(ii) Aromatics.-The  aromatic hydrocarbon  content of the
          reformulated gasoline shall not exceed 25 percent by volume.

            "(iii)  Lead.-The reformulated gasoline shall have no lead
          content. 
            "(iv) Detergents.-The reformulated gasoline shall  contain
          additives to prevent the accumulation of deposits in engines
          or vehicle fuel supply systems. 
            "(v)   Oxygen   content.-The   oxygen   content   of   the
          reformulated gasoline  shall equal or  exceed 2.0 percent by
          weight (subject  to a  testing tolerance  established by the
          Administrator) except as otherwise required by this Act.
          "(B) Performance standard.- 
            "(i)  VOC  emissions.-During  the high  ozone  season  (as
          defined by  the Administrator),  the aggregate emissions  of
          ozone  forming  volatile  organic  compounds  from  baseline
          vehicles when  using the  reformulated gasoline  shall be 15
          percent  below  the aggregate  emissions  of  ozone  forming
          volatile  organic compounds  from  such vehicles  when using
          baseline gasoline. Effec-
          tive in calendar year 2000  and thereafter, 25 percent shall
          be  substituted  for 15  percent  in  applying  this clause,
          except  that the  Administrator may  adjust such  25 percent
          requirement  to provide  for a  lesser or  greater reduction
          based  on technological feasibility, considering the cost of
          achieving  such  reductions  in   VOC  emissions.  No   such
          adjustment  shall  provide   for  less  than  a  20  percent
          reduction   below  the  aggregate  emissions   of  such  air
          pollutants from such  vehicles when using baseline gasoline.
          The reductions required under this clause shall be on a mass
          basis. 
            "(ii)  Toxics.-During  the  entire  year,  the   aggregate
          emissions  of toxic  air pollutants  from  baseline vehicles
          when  using the  reformulated gasoline  shall be  15 percent
          below the  aggregate emissions of  toxic air pollutants from
          such  vehicles when  using  baseline gasoline.  Effective in
          calendar  year  2000 and  thereafter,  25  percent  shall be
          substituted for  15 percent in  applying this clause, except
          that   the   Administrator  may   adjust  such   25  percent
          requirement  to provide  for a  lesser or  greater reduction
          based on technological  feasibility, considering the cost of
          achieving such  reductions in toxic  air pollutants. No such
          adjustment  shall  provide   for  less  than  a  20  percent
          reduction  below   the  aggregate  emissions  of   such  air
          pollutants from such vehicles  when using baseline gasoline.
          The reductions required under this clause shall be on a mass
          basis. 
    Any  reduction  greater  than  a   specific  percentage  reduction
    required under  this subparagraph shall  be treated as  satisfying
    such percentage reduction requirement. 
       "(4) Certification procedures.- 
          "(A)  Regulations.-The  regulations  under  this  subsection
       shall include  procedures under  which the Administrator  shall
       certify   reformulated   gasoline   as   complying   with   the
       requirements  established pursuant  to  this subsection.  Under
       such regulations, the Administrator shall  establish procedures
       for  any person to petition the Administrator to certify a fuel
       formulation, or  slate  of fuel  formulations. Such  procedures
       shall further  require that the Administrator  shall approve or
       deny  such  petition   within  180  days  of  receipt.  If  the
       Administrator fails to act within such 180-day period, the fuel
       shall  be deemed  certified until  the  Administrator completes
       action on the petition.
          "(B)  Certification;  equivalency.-The  Administrator  shall
       certify a  fuel formulation  or slate  of fuel  formulations as
       complying with this subsection if such fuel or fuels- 
            "(i) comply with the requirements of paragraph (2), and 
            "(ii)  achieve   equivalent  or   greater  reductions   in
          emissions of  ozone forming  volatile organic  compounds and
          emissions of  toxic air  pollutants than  are achieved  by a
          reformulated gasoline meeting the applicable requirements of
          paragraph (3). 
          "(C) EPA  determination of  emissions level.-Within  1  year
       after  the enactment of the  Clean Air Act  Amendments of 1990,
       the  Administrator shall  determine the  level of  emissions of
       ozone forming volatile organic compounds and emissions of toxic
       air pollutants  emitted by baseline vehicles  when operating on
       baseline gasoline.  For purposes  of this subsection,  within 1
       year after the  enactment of  the Clean Air  Act Amendments  of
       1990, the  Administrator shall, by  rule, determine appropriate
       measures of, and methodology for, ascertaining the emissions of
       air  pollutants (including calculations, equipment, and testing
       tolerances). 
       "(5) Prohibition.-Effective  beginning January 1, 1995, each of
    the following shall be a violation of this subsection: 
          "(A) The  sale or  dispensing by any  person of conventional
       gasoline to ultimate consumers in any covered area. 
          "(B)  The  sale  or  dispensing  by  any  refiner,  blender,
       importer, or  marketer of  conventional gasoline for  resale in
       any covered  area, without  (i) segregating such  gasoline from
       reformulated   gasoline,  and   (ii)   clearly   marking   such
       conventional  gasoline as "conventional  gasoline, not for sale
       to ultimate consumer in a covered area". 
    Any refiner, blender, importer or marketer  who purchases property
    segregated  and  marked  conventional  gasoline,   and  thereafter
    labels,  represents, or wholesales  such gasoline  as reformulated
    gasoline shall  also  be  in  violation of  this  subsection.  The
    Administrator  may  impose sampling,  testing,  and  recordkeeping
    requirements upon any  refiner, blender, importer, or  marketer to
    prevent violations of this section. 
       "(6) Opt-in areas.-(A) Upon the application of the  Governor of
    a State, the Administrator  shall apply the prohibition  set forth
    in  paragraph  (5) in  any  area  in  the  State classified  under
    subpart 2 of part  D of title I as a Marginal,  Moderate, Serious,
    or  Severe  Area  (without  regard  to  whether  or  not  the 1980
    population  of the  area exceeds 250,000).  In any  such case, the
    Administrator  shall   establish  an   effective  date  for   such
    prohibition as  he deems  appropriate, not later  than January  1,
    1995, or 1 year after  such application is received,  whichever is
    later. The  Administrator shall  publish such  application in  the
    Federal Register upon receipt. 
       "(B) If  the Administrator  determines, on the  Administrator's
    own motion or on petition  of any person, after  consultation with
    the  Secretary of  Energy,  that  there is  insufficient  domestic
    capacity to produce gasoline certified under  this subsection, the
    Administrator shall,  by rule, extend the  effective date  of such
    prohibition  in  Marginal,  Moderate,  Serious,  or  Severe  Areas
    referred to in  subparagraph (A) for one additional year, and may,
    by rule,  renew such extension for  2 additional one-year periods.
    The Administrator shall act  on any petition submitted  under this
    paragraph within 6 months after receipt of the petition.
    The Administrator  shall issue  such extensions for  areas with  a
    lower ozone classification  before issuing any such  extension for
    areas with a higher classification. 
       "(7)   Credits.-(A)  The  regulations  promulgated  under  this
    subsection  shall  provide  for the  granting  of  an  appropriate
    amount of credits to a  person who refines, blends, or imports and
    certifies a gasoline or slate of gasoline that-      "(i)  has  an
                                                       oxygen  content
                                                       (by     weight)
                                                       that    exceeds
                                                       the     minimum
                                                       oxygen  content
                                                       specified    in
                                                       paragraph  (2);

          "(ii) has  an aromatic hydrocarbon  content (by volume) that
       is less than the  maximum aromatic hydrocarbon content required
       to comply with paragraph (3); or 
          "(iii) has a  benzene content (by volume) that is  less than
       the maximum benzene content specified in paragraph (2). 
       "(B) The  regulations described in subparagraph  (A) shall also
    provide  that  a  person  who  is  granted  credits  may  use such
    credits, or  transfer all or a portion of  such credits to another
    person  for  use  within  the  same  nonattainment  area,  for the
    purpose of complying with this subsection. 
       "(C) The  regulations promulgated  under subparagraphs  (A) and
    (B)  shall  ensure  the enforcement  of  the requirements  for the
    issuance,   application,  and   transfer  of   the  credits.  Such
    regulations  shall  prohibit  the granting  or  transfer  of  such
    credits for  use with respect to  any gasoline  in a nonattainment
    area, to the  extent the use of  such credits would result  in any
    of the following: 
          "(i) An  average gasoline  aromatic hydrocarbon  content (by
       volume) for the nonattainment (taking into account all gasoline
       sold for  use in  conventional gasoline-fueled vehicles  in the
       nonattainment  area) higher  than  the  average  fuel  aromatic
       hydrocarbon content (by volume) that would occur in the absence
       of using any such credits. 
          "(ii) An average gasoline oxygen content (by weight) for the
       nonattainment area  (taking into account all  gasoline sold for
       use   in   conventional   gasoline-fueled   vehicles   in   the
       nonattainment  area)  lower than  the  average  gasoline oxygen
       content  (by weight) that would  occur in the  absence of using
       any such credits. 
          "(iii)  An  average  benzene  content  (by  volume)  for the
       nonattainment area  (taking into account all  gasoline sold for
       use   in   conventional   gasoline-fueled   vehicles   in   the
       nonattainment area) higher than the average benzene content (by
       volume)  that  would occur  in the  absence  of using  any such
       credits. 
       "(8) Anti-dumping rules.- 
          "(A) In  general.-Within 1 year  after the enactment of  the
       Clean  Air  Act Amendments  of  1990,  the Administrator  shall
       promulgate regulations applicable to  each refiner, blender, or
       importer of gasoline ensuring  that gasoline sold or introduced
       into commerce by such refiner, blender, or importer (other than
       reformulated gasoline  subject to the requirements of paragraph
       (1)) does not result in average  per gallon emissions (measured
       on a mass basis) of (i) volatile organic compounds, (ii) oxides
       of  nitrogen,  (iii)  carbon   monoxide,  and  (iv)  toxic  air
       pollutants  in  excess of  such  emissions  of such  pollutants
       attributable to  gasoline sold  or introduced into  commerce in
       calendar year 1990 by that refin-
       er, blender,  or importer.  Such regulations shall  take effect
       beginning January 1, 1995. 
          "(B)  Adjustments.-In   evaluating   compliance   with   the
       requirements of subparagraph (A), the  Administrator shall make
       appropriate adjustments  to insure  that no credit  is provided
       for  improvement in  motor vehicle  emissions control  in motor
       vehicles sold after the calendar year 1990. 
          "(C)    Compliance    determined    for    each    pollutant
       independently.-In determining  whether there is an  increase in
       emissions  in  violation   of  the  prohibition   contained  in
       subparagraph (A) the  Administrator shall consider an  increase
       in each air pollutant  referred to in clauses (i)  through (iv)
       as a separate  violation of such  prohibition, except that  the
       Administrator shall promulgate regulations  to provide that any
       increase  in emissions  of  oxides of  nitrogen resulting  from
       adding oxygenates to gasoline may be offset by an equivalent or
       greater reduction  (on a mass  basis) in emissions  of volatile
       organic compounds, carbon monoxide, or toxic air pollutants, or
       any combination of the foregoing. 
          "(D) Compliance period.-The  Administrator shall  promulgate
       an  appropriate  compliance  period  or  appropriate compliance
       periods  to   be  used   for  assessing  compliance   with  the
       prohibition contained in subparagraph (A). 
          "(E)   Baseline   for    determining   compliance.-If    the
       Administrator determines  that no  adequate and  reliable  data
       exists regarding the composition of gasoline sold or introduced
       into commerce  by a refiner,  blender, or importer  in calendar
       year  1990, for  such refiner,  blender, or  importer, baseline
       gasoline  shall  be  substituted  for  such  1990  gasoline  in
       determining compliance with subparagraph (A).
       "(9)   Emissions   from   entire   vehicle.-In   applying   the
    requirements  of  this subsection,  the  Administrator shall  take
    into account  emissions from the  entire motor vehicle,  including
    evaporative, running, refueling, and exhaust emissions.    "(10)
    Definitions.-For purposes of this subsection- 
          "(A)  Baseline vehicles.-The  term `baseline  vehicles' mean
       representative model year 1990 vehicles. 
          "(B) Baseline gasoline.- 
            "(i) Summertime.-The  term  `baseline gasoline'  means  in
          the case of  gasoline sold during the high ozone  period (as
          defined  by the  Administrator) a  gasoline which  meets the
          following specifications: 
 
                  "BASELINE GASOLINE FUEL PROPERTIES 
API Gravity..................................................... 57.4

Sulfur, ppm..................................................... 339

Benzene, %...................................................... 1.53

RVP, psi........................................................ 8.7

Octane, R+M/2................................................... 87.3

IBP,  F......................................................... 91  
10%,  F......................................................... 128

50%,  F......................................................... 218

90%,  F......................................................... 330

End Point,  F................................................... 415
Aromatics, %.................................................... 32.0
Olefins, %...................................................... 9.2 
Saturates, %.................................................... 58.8

            "(ii)  Wintertime.-The  Administrator shall  establish the
          specifications of `baseline  gasoline' for gasoline sold  at
          times  other than the  high ozone period (as  defined by the
          Administrator).   Such   specifications    shall   be    the
          specifications of 1990 industry average gasoline sold during
          such period. 
          "(C) Toxic  air pollutants.-The term `toxic  air pollutants'
       means the aggregate emissions of the following:  
 
            "Benzene 
                  "1,3 Butadiene 
                  "Polycyclic organic matter (POM) 
                  "Acetaldehyde 
                  "Formaldehyde. 

          "(D) Covered area.-The  9 ozone nonattainment areas having a
       1980 population  in excess of  250,000 and  having the  highest
       ozone design value during the period 1987 through 1989 shall be
       `covered areas' for purposes  of this subsection. Effective one
       year after the reclassification of any ozone nonattainment area
       as a Severe ozone nonattainment area under section 181(b), such
       Severe area shall also be a `covered area' for purposes of this
       subsection. 
          "(E) Reformulated gasoline.-The term `reformulated gasoline'
       means  any gasoline  which  is certified  by the  Administrator
       under this section as complying with this subsection. 
          "(F) Conventional gasoline.-The term `conventional gasoline'
       means  any gasoline which does not meet specifications set by a
       certification under this subsection. 
    "(l) Detergents.-Effective  beginning January 1,  1995, no  person
may sell or dispense to an ultimate consumer in the United States, and
no  refiner or marketer may directly or indirectly sell or dispense to
persons  who  sell or  dispense to  ultimate  consumers in  the United
States  any gasoline which does  not contain additives  to prevent the
accumulation  of deposits in engines or fuel supply systems. Not later
than 2 years  after the  date of the  enactment of the  Clean Air  Act
Amendments  of  1990,  the   Administrator  shall  promulgate  a  rule
establishing specifications for such additives. 
    "(m) Oxygenated Fuels.- 
       "(1) Plan revisions for  co nonattainment areas.-(A) Each State
    in  which there  is  located  all or  part  of  an area  which  is
    designated  under title  I  as  a nonattainment  area  for  carbon
    monoxide  and which  has  a carbon  monoxide  design value  of 9.5
    parts  per million  (ppm) or above  based on  data for  the 2-year
    period  of 1988  and  1989 and  calculated  according to  the most
    recent interpretation  methodology  issued  by  the  Administrator
    prior to the  enactment of  the Clean Air  Act Amendments of  1990
    shall  submit to  the Administrator  a  State implementation  plan
    revision  under section 110  and part  D of title  I for such area
    which   shall   contain  the   provisions  specified   under  this
    subsection regarding oxygenated gasoline. 
       "(B) A plan revision which contains  such provisions shall also
    be submitted  by each  State in  which there  is located  any area
    which, for any 2-year period after 1989 has a carbon mono-
    xide design  value of  9.5  ppm or  above. The  revision shall  be
    submitted within 18 months after such 2-year period. 
       "(2) Oxygenated gasoline  in co nonattainment  areas.-Each plan
    revision  under  this  subsection  shall  contain   provisions  to
    require  that any  gasoline sold,  or dispensed,  to the  ultimate
    consumer in  the  carbon monoxide  nonattainment area  or sold  or
    dispensed directly  or indirectly by fuel refiners or marketers to
    persons who sell  or dispense to ultimate consumers, in the larger
    of- 
          "(A) the  Consolidated Metropolitan Statistical Area  (CMSA)
       in which the area is located, or 
          "(B) if the area is not located in  a CMSA, the Metropolitan
       Statistical Area in which the area is located, 
    be blended, during  the portion of the  year in which the  area is
    prone  to  high  ambient  concentrations  of  carbon  monoxide  to
    contain not less than 2.7  percent oxygen by weight (subject to  a
    testing tolerance established by  the Administrator). The  portion
    of  the   year  in  which  the  area  is  prone  to  high  ambient
    concentrations  of carbon  monoxide shall be  as determined by the
    Administrator,  but  shall not  be  less  than  4  months. At  the
    request  of  a  State  with  respect  to  any  area  designated as
    nonattainment for carbon  monoxide, the  Administrator may  reduce
    the period  specified in the preceding  sentence if  the State can
    demonstrate that because of  meteorological conditions, a  reduced
    period will  assure  that there  will  be  no exceedances  of  the
    carbon  monoxide standard  outside  of  such reduced  period.  For
    areas with a  carbon monoxide design value  of 9.5 ppm or  more of
    the date of  enactment of  the Clean Air  Act Amendments of  1990,
    the  revision  shall  provide that  such  requirement  shall  take
    effect no  later than November  1, 1992,  (or at  such other  date
    during 1992 as  the Administrator establishes under  the preceding
    provisions  of this  paragraph).  For  other areas,  the  revision
    shall provide  that such  requirement shall  take effect no  later
    than November  1 of  the third  year after  the last  year of  the
    applicable 2-year period  referred to in paragraph (1) (or at such
    other  date   during  such   third  year   as  the   Administrator
    establishes under the preceding provisions of  this paragraph) and
    shall  include a program for implementation and enforcement of the
    requirement  consistent  with   guidance  to  be  issued   by  the
    Administrator. 
       "(3) Waivers.-(A) The Administrator shall waive, in whole or in
    part, the  requirements of  paragraph (2) upon  a demonstration by
    the State  to the satisfaction of  the Administrator  that the use
    of  oxygenated  gasoline  would  prevent  or  interfere  with  the
    attainment by the area of  a national primary ambient  air quality
    standard (or  a State or local  ambient air  quality standard) for
    any air pollutant other than carbon monoxide. 
       "(B) The  Administrator shall, upon demonstration  by the State
    satisfactory  to  the  Administrator,  waive  the  requirement  of
    paragraph  (2)  where  the  Administrator  determines that  mobile
    sources  of carbon  monoxide do  not  contribute significantly  to
    carbon monoxide levels in an area. 
       "(C)(i)  Any person  may petition  the Administrator to  make a
    finding that there is, or is likely to be, for any area, an inad-
    equate  domestic  supply   of,  or   distribution  capacity   for,
    oxygenated gasoline meeting  the requirements of paragraph  (2) or
    fuel additives (oxygenates) necessary  to meet such  requirements.
    The  Administrator  shall act  on such  petition  within  6 months
    after receipt of the petition. 
       "(ii)  If  the  Administrator  determines,  in  response  to  a
    petition under clause (i), that  there is an inadequate  supply or
    capacity described  in clause (i),  the Administrator shall  delay
    the  effective date  of paragraph (2)  for 1  year. Upon petition,
    the  Administrator  may   extend  such  effective  date   for  one
    additional year. No  partial delay or lesser waiver may be granted
    under this clause. 
       "(iii)   In  granting  waivers   under  this  subparagraph  the
    Administrator  shall  consider  distribution  capacity  separately
    from the adequacy  of domestic supply and shall grant such waivers
    in such  manner as  will assure  that, if  supplies of  oxygenated
    gasoline are  limited, areas having the  highest design  value for
    carbon  monoxide will  have  a  priority in  obtaining  oxygenated
    gasoline which meets the requirements of paragraph (2). 
       "(iv)  As  used in  this  subparagraph,  the term  distribution
    capacity   includes  capacity  for  transportation,  storage,  and
    blending. 
       "(4)  Fuel dispensing  systems.-Any  person selling  oxygenated
    gasoline  at retail pursuant to  this subsection shall be required
    under regulations  promulgated by the  Administrator to label  the
    fuel  dispensing  system  with  a  notice  that  the  gasoline  is
    oxygenated and will reduce the carbon monoxide  emissions from the
    motor vehicle.
       "(5) Guidelines for  credit.-The Administrator shall promulgate
    guidelines,  within 9  months after the  date of  the enactment of
    the  Clean  Air  Act  Amendments  of  1990,  allowing  the  use of
    marketable oxygen  credits from gasolines  during that portion  of
    the year  specified in  paragraph (2)  with higher oxygen  content
    than required to  offset the sale or use  of gasoline with a lower
    oxygen  content  than  required. No  credits  may  be  transferred
    between nonattainment areas. 
       "(6)  Attainment areas.-Nothing  in  this  subsection shall  be
    interpreted  as requiring  an oxygenated  gasoline  program in  an
    area which is in attainment for carbon monoxide, except that in  a
    carbon  monoxide  nonattainment  area  which  is  redesignated  as
    attainment  for   carbon  monoxide,   the  requirements   of  this
    subsection shall  remain in effect to  the extent  such program is
    necessary to maintain such standard thereafter in the area. 
       "(7)  Failure  to  attain  co  standard.-If  the  Administrator
    determines  under  section  186(b)(2)  that  the  national primary
    ambient  air  quality standard  for carbon  monoxide has  not been
    attained in a  Serious Area by the applicable attainment date, the
    State shall submit  a plan revision for  the area within 9  months
    after  the date  of such  determination. The  plan  revision shall
    provide that  the minimum oxygen  content of gasoline referred  to
    in paragraph  (2)  shall be  3.1  percent  by weight  unless  such
    requirement is waived in  accordance with  the provisions of  this
    subsection.". 
 
SEC. 220. LEAD PHASEDOWN. 
    Section  211  of the  Clean  Air  Act  is  amended by  adding  the
following new subsection at the end thereof: 
    "(n)  Prohibition  on  Leaded  Gasoline  for   Highway  Use.-After
December 31, 1995, it shall be  unlawful for any person to sell, offer
for sale, supply, offer for supply, dispense,  transport, or introduce
into commerce, for  use as fuel  in any motor  vehicle (as defined  in
section 219(2)) any gasoline which contains lead or lead additives.". 
SEC. 221. FUEL AND FUEL ADDITIVE IMPORTERS. 
    Section  211  of the  Clean  Air  Act  is amended  by  adding  the
following new subsection at the end thereof: 
    "(o) Fuel  and Fuel  Additive Importers  and Importation.-For  the
purposes of this section, the term `manufacturer' includes an importer
and the term `manufacture' includes importation.". 
SEC. 222. NONROAD ENGINES AND VEHICLES. 
    (a)  Emission Standards.-Section  213  of  the Clean  Air  Act (42
U.S.C. 7547) is amended to read as follows:  
"SEC. 213. NONROAD ENGINES AND VEHICLES. 
    "(a) Emissions  Standards.-(1) The Administrator  shall conduct  a
study of  emissions from nonroad  engines and nonroad  vehicles (other
than  locomotives or engines used in locomotives) to determine if such
emissions cause,  or significantly contribute to,  air pollution which
may reasonably  be anticipated to  endanger public health  or welfare.
Such study  shall be completed  within 12  months of the  date of  the
enactment of the Clean Air Act Amendments of 1990. 
    "(2)  After  notice  and  opportunity  for   public  hearing,  the
Administrator shall determine within 12 months after completion of the
study  under  paragraph (1),  based upon  the  results of  such study,
whether emissions of carbon monoxide, oxides of nitrogen, and volatile
organic compounds  from new  and existing nonroad  engines or  nonroad
vehicles  (other than locomotives or  engines used in locomotives) are
significant contributors to ozone or carbon monoxide concentrations in
more than 1 area which  has failed to attain the national  ambient air
quality  standards for  ozone or  carbon monoxide.  Such determination
shall be included in the regulations under paragraph (3). 
    "(3)  If  the  Administrator  makes  an affirmative  determination
under paragraph (2)  the Administrator shall,  within 12 months  after
completion of the study under paragraph (1), promulgate (and from time
to  time  revise)  regulations  containing   standards  applicable  to
emissions  from those classes or categories of new nonroad engines and
new  nonroad  vehicles (other  than  locomotives  or engines  used  in
locomotives)  which   in  the   Administrator's  judgment   cause,  or
contribute to, such  air pollution. Such  standards shall achieve  the
greatest  degree   of  emission   reduction  achievable   through  the
application of  technology which the Administrator  determines will be
available for the engines  or vehicles to which such  standards apply,
giving  appropriate  consideration  to   the  cost  of  applying  such
technology within the period of time available to manufacturers and to
noise,  energy, and safety factors  associated with the application of
such technology. In determining what degree of reduction will be 
available, the Administrator shall first consider standards equivalent
in stringency  to standards for  comparable motor vehicles  or engines
(if  any)  regulated  under  section  202,  taking  into  account  the
technological feasibility, costs,  safety, noise,  and energy  factors
associated  with   achieving,  as   appropriate,  standards  of   such
stringency  and lead time. The  regulations shall apply  to the useful
life of the engines or vehicles (as determined by the Administrator). 
    "(4)  If  the  Administrator determines  that  any  emissions  not
referred  to in  paragraph (2)  from new  nonroad engines  or vehicles
significantly  contribute to  air  pollution which  may reasonably  be
anticipated to  endanger public  health or welfare,  the Administrator
may promulgate (and from time to time revise) such regulations  as the
Administrator  deems  appropriate containing  standards  applicable to
emissions  from those classes or categories of new nonroad engines and
new  nonroad  vehicles  (other  than locomotives  or  engines  used in
locomotives)  which   in  the   Administrator's  judgment   cause,  or
contribute to, such air  pollution, taking into account costs,  noise,
safety,  and  energy  factors   associated  with  the  application  of
technology which  the Administrator  determines will be  available for
the   engines  and  vehicles  to  which   such  standards  apply.  The
regulations shall apply to the useful  life of the engines or vehicles
(as determined by the Administrator). 
    "(5) Within  5 years  after  the enactment  of the  Clean Air  Act
Amendments of  1990, the  Administrator  shall promulgate  regulations
containing standards applicable to  emissions from new locomotives and
new engines  used in  locomotives. Such  standards  shall achieve  the
greatest   degree  of  emission   reduction  achievable   through  the
application of  technology which the Administrator  determines will be
available  for the  locomotives  or engines  to  which such  standards
apply, giving appropriate  consideration to the cost of  applying such
technology within the period of time available to manufacturers and to
noise, energy, and  safety factors associated with  the application of
such technology. 
    "(b)  Effective  Date.-Standards  under  this section  shall  take
effect  at the  earliest  possible  date  considering  the  lead  time
necessary to permit  the development and application  of the requisite
technology, giving appropriate consideration to the cost of compliance
within such period and energy and safety. 
    "(c)  Safe Controls.-Effective  with  respect  to new  engines  or
vehicles  to which  standards under  this section  apply,  no emission
control device, system,  or element of design shall be  used in such a
new  nonroad engine or new  nonroad vehicle for  purposes of complying
with such standards if such device,  system, or element of design will
cause or contribute to an unreasonable risk to public health, welfare,
or  safety in  its operation  or function.  In determining  whether an
unreasonable  risk  exists, the  Administrator shall  consider factors
including those described in section 202(a)(4)(B). 
    "(d)  Enforcement.-The  standards  under  this  section  shall  be
subject to sections 206, 207, 208, and 209, with such modifications of
the  applicable   regulations  implementing  such   sections  as   the
Administrator  deems appropriate, and  shall be  enforced in  the same
manner as  standards prescribed  under section 202.  The Administrator
shall revise or promulgate regulations as may be necessary to de-
termine compliance with, and  enforce, standards in effect  under this
section.". 
    (b) State Standards.-Section 209 of  the Clean Air Act  (42 U.S.C.
    7543) is amended by adding the following at the end thereof: 
    "(e) Nonroad Engines or Vehicles.- 
       "(1) Prohibition  on certain  state standards.-No State  or any
    political subdivision  thereof shall adopt  or attempt to  enforce
    any  standard or  other requirement  relating  to  the control  of
    emissions  from either  of the  following new  nonroad engines  or
    nonroad vehicles subject to regulation under this Act-     " ( A )
    New engines  which are used in  construction equipment or vehicles
    or    used in  farm equipment  or vehicles and  which are  smaller
          than 175 horsepower.   "(B)  New locomotives  or new engines
          used in locomotives. 
       Subsection (b) shall not apply for purposes of this paragraph. 
       "(2)  Other nonroad engines or vehicles.-(A) In the case of any
    nonroad  vehicles  or engines  other  than  those  referred to  in
    subparagraph  (A)  or  (B) of  paragraph  (1),  the  Administrator
    shall, after notice and opportunity for  public hearing, authorize
    California to adopt  and enforce standards and  other requirements
    relating  to  the  control  of  emissions  from  such  vehicles or
    engines if California  determines that  California standards  will
    be,  in the aggregate, at least as protective of public health and
    welfare as  applicable Federal  standards.  No such  authorization
    shall be granted if the Administrator finds that- 
          "(i)  the  determination  of  California  is  arbitrary  and
       capricious, 
          "(ii) California does  not need such California standards to
       meet compelling and extraordinary conditions, or 
          "(iii) California  standards  and  accompanying  enforcement
       procedures are not consistent with this section. 
       "(B) Any State other than  California which has plan provisions
    approved under  part D  of title  I may  adopt and enforce,  after
    notice to  the Administrator, for  any period, standards  relating
    to control  of emissions from nonroad  vehicles or  engines (other
    than  those referred  to in subparagraph  (A) or  (B) of paragraph
    (1))  and  take  such  other   actions  as  are  referred   to  in
    subparagraph (A)  of this  paragraph respecting  such vehicles  or
    engines if- 
          "(i) such standards  and implementation and enforcement  are
       identical,   for  the  period   concerned,  to  the  California
       standards  authorized by  the Administrator  under subparagraph
       (A), and 
          "(ii)  California and  such  State adopt  such  standards at
       least 2 years before  commencement of the period for  which the
       standards take effect. 
    The  Administrator  shall  issue  regulations  to  implement  this
    subsection.". 
SEC. 223. NEW TITLE II DEFINITIONS. 
    (a) Additional Definitions.-Section  216 of the Clean Air  Act (42
U.S.C. 7550) is amended by adding the following at the end thereof: 
       "(7)  Vehicle   curb  weight,  gross   vehicle  weight  rating,
    light-duty truck, light-duty vehicle, and  loaded vehicle weight.-
    The terms  `vehicle curb  weight', `gross  vehicle weight  rating'
    (GVWR), `light-duty truck' (LDT), light-duty vehicle,  and `loaded
    vehicle weight'  (LVW) have  the meaning  provided in  regulations
    promulgated  by  the  Administrator  and  in  effect  as  of   the
    enactment  of  the  Clean   Air  Act   Amendments  of  1990.   The
    abbreviations in parentheses  corresponding to  any term  referred
    to  in  this   paragraph  shall  have  the  same  meaning  as  the
    corresponding term. 
       "(8) Test  weight.-The term `test weight'  and the abbreviation
    `tw'  mean the  vehicle  curb weight  added  to the  gross vehicle
    weight rating (gvwr) and divided by 2. 
       "(9) Motor vehicle or engine part manufacturer.-The term `motor
    vehicle or engine part manufacturer'  as used in sections  207 and
    208 means any  person engaged in the  manufacturing, assembling or
    rebuilding of  any device, system, part,  component or  element of
    design  which  is installed  in  or  on  motor  vehicles or  motor
    vehicle engines. 
       "(10)  Nonroad  engine.-The  term  `nonroad  engine'  means  an
    internal combustion  engine (including  the fuel  system) that  is
    not  used  in  a  motor  vehicle  or a  vehicle  used  solely  for
    competition,  or that  is  not  subject to  standards  promulgated
    under section 111 or section 202. 
       "(11)  Nonroad  vehicle.-The  term  `nonroad vehicle'  means  a
    vehicle that  is powered  by a nonroad  engine and  that is not  a
    motor vehicle or a vehicle used solely for competition.". 
    (b) Definition  of Manufacturer.-Paragraph (1)  of section 216  of
the Clean  Air Act (42  U.S.C. 7550) is  amended by striking  out "new
motor vehicles or new motor vehicle engines" every place it occurs and
inserting "new motor  vehicles, new motor vehicle engines, new nonroad
vehicles or new nonroad engines". 
SEC. 224. HIGH ALTITUDE TESTING. 
    Section 215 of  the Clean Air Act  (42 U.S.C. 7549) is  amended by
adding the following at the end thereof: 
    "(e) High Altitude  Testing.-(1) The Administrator  shall promptly
establish  at least  one testing  center (in  addition to  the testing
centers existing  on the date  of the enactment  of the Clean  Air Act
Amendments  of 1990) located at  a site that  represents high altitude
conditions,  to  ascertain in  a  reasonable manner  whether,  when in
actual use throughout  their useful life (as  determined under section
202(d)),  each class  or  category of  vehicle  and engines  to  which
regulations  under  section  202   apply  conforms  to  the  emissions
standards  established  by  such  regulations. For  purposes  of  this
subsection,  the  term  `high  altitude  conditions'  refers  to  high
altitude as defined in  regulations of the Administrator in  effect as
of the date of the enactment of the Clean Air Act Amendments of 1990. 
    "(2)  The Administrator,  in  cooperation  with the  Secretary  of
Energy  and  the  Administrator   of  the  Urban  Mass  Transportation
Administration,  and such  other agencies  as the  Administrator deems
appropriate,  shall establish  a  research  and technology  assessment
center to provide for the development and evaluation of less-polluting
heavy-duty engines and fuels for use in buses, heavy-duty 
trucks, and non-road engines and vehicles, which shall be located at a
high-altitude  site  that   represents  high-altitude  conditions.  In
establishing and funding  such a center, the Administrator  shall give
preference  to  proposals  which  provide for  local  cost-sharing  of
facilities and recovery  of costs of operation  through utilization of
such facility for the purposes of this section. 
    "(3) The  Administrator shall  designate  at least  one center  at
high-altitude conditions to provide research on after-market  emission
components, dual-fueled  vehicles and conversion kits,  the effects of
tampering  on  emissions equipment,  testing  of  alternate fuels  and
conversion kits,  and the development of  curricula, training courses,
and  materials  to  maximize   the  effectiveness  of  inspection  and
maintenance programs as  they relate to promoting effective control of
vehicle  emissions at  high-altitude elevations.  Preference shall  be
given to existing vehicle emissions testing and  research centers that
have  established  reputations  for  vehicle  emissions  research  and
development  and  training, and  that  possess  in-house Federal  Test
Procedure capacity.". 
SEC. 225. COMPLIANCE PROGRAM FEES.  
    Part  A of title II of the  Clean Air Act is amended by adding the
following new section at the end thereof:  
"SEC. 217. MOTOR VEHICLE COMPLIANCE PROGRAM FEES.  
    "(a) Fee  Collection.-Consistent with  section 9701  of title  31,
United States Code, the Administrator may promulgate (and from time to
time revise)  regulations establishing fees to  recover all reasonable
costs to the Administrator associated with- 
       "(1) new  vehicle or engine certification  under section 206(a)
    or part C,  
       "(2) new  vehicle or  engine compliance monitoring  and testing
    under section 206(b) or part C, and 
       "(3) in-use vehicle or engine compliance monitoring and testing
    under section 207(c) or part C. 
The  Administrator   may  establish  for  all   foreign  and  domestic
manufacturers   a  fee   schedule  based  on   such  factors   as  the
Administrator finds  appropriate and equitable  and nondiscriminatory,
including  the  number  of  vehicles   or  engines  produced  under  a
certificate  of  conformity.  In the  case  of  heavy-duty engine  and
vehicle manufacturers, such fees shall not exceed a  reasonable amount
to recover an appropriate portion of such reasonable costs. 
    "(b) Special Treasury Fund.-Any fees collected  under this section
shall be deposited in a special fund in the United States Treasury for
licensing and other services which  thereafter shall be available  for
appropriation, to remain  available until expended,  to carry out  the
Agency's activities for which the fees were collected.  
    "(c) Limitation on  Fund Use.-Moneys in the special  fund referred
to in  subsection (b) shall not  be used until after  the first fiscal
year commencing  after the first  July 1 when  fees are paid  into the
fund.  
    "(d)   Administrator's   Testing   Authority.-Nothing   in    this
subsection shall  be construed to limit  the Administrator's authority
to  require manufacturer or  confirmatory testing as  provided in this
part.". 
 
SEC.  226.  PROHIBITION  ON  PRODUCTION OF  ENGINES  REQUIRING  LEADED
GASOLINE. 
    Part A of  title II of the Clean Air  Act is amended by adding the
following new section after section 217: 
"SEC.  218.  PROHIBITION ON  PRODUCTION  OF  ENGINES REQUIRING  LEADED
GASOLINE. 
    "The Administrator  shall  promulgate  regulations  applicable  to
motor  vehicle engines  and nonroad  engines manufactured  after model
year 1992  that prohibit the  manufacture, sale, or  introduction into
commerce of any engine that requires leaded gasoline.". 
SEC. 227. URBAN BUSES. 
    Part A of  title II of the Clean Air Act is  amended by adding the
following new section after section 218: 
"SEC. 219. URBAN BUS STANDARDS. 
    "(a) Standards for Model Years After 1993.-Not later than  January
1, 1992, the Administrator  shall promulgate regulations under section
202(a)  applicable  to  urban  buses  for  the  model  year  1994  and
thereafter.  Such standards shall be based on the best technology that
can  reasonably  be  anticipated to  be  available  at  the time  such
measures are  to be implemented,  taking costs,  safety, energy,  lead
time,  and other relevant factors into account. Such regulations shall
require that such urban buses comply with the provisions of subsection
(b)  of  this  section (and  subsection  (c)  of  this subsection,  if
applicable) in  addition to  compliance with the  standards applicable
under  section 202(a)  for heavy-duty  vehicles of  the same  type and
model year. 
    "(b) PM Standard.- 
       "(1) 50  percent reduction.-The standards under  section 202(a)
    applicable to urban  buses shall  require that, effective  for the
    model year  1994 and thereafter,  emissions of particulate  matter
    (PM)  from  urban  buses  shall  not  exceed  50  percent  of  the
    emissions of  particulate matter (PM)  allowed under the  emission
    standard  applicable under  section 202(a) as  of the  date of the
    enactment of the  Clean Air Act Amendments of 1990 for particulate
    matter (PM) in  the case of heavy-duty diesel vehicles and engines
    manufactured in the model year 1994. 
       "(2)  Revised reduction.-The  Administrator shall  increase the
    level  of  emissions  of  particulate  matter  allowed  under  the
    standard  referred  to  in  paragraph  (1)  if  the  Administrator
    determines that the 50 percent  reduction referred to in paragraph
    (1)  is  not  technologically  achievable,  taking  into   account
    durability, costs, lead time, safety, and  other relevant factors.
    The Administrator may  not increase such level  of emissions above
    70  percent of the  emissions of  particulate matter  (PM) allowed
    under the emission standard applicable under section  202(a) as of
    the  date of the enactment of the Clean Air Act Amendments of 1990
    for particulate  matter  (PM)  in the  case  of heavy-duty  diesel
    vehicles and engines manufactured in the model year 1994. 
       "(3)  Determination as part of  rule.-As part of the rulemaking
    under   subsection   (a),   the   Administrator   shall   make   a
    determination  as to whether the  50 percent reduction referred to
    in paragraph (1) is technologically achievable, taking into ac-
    count durability,  costs, lead  time, safety,  and other  relevant
    factors. 
    "(c) Low-Polluting Fuel Requirement.- 
       "(1) Annual testing.-Beginning with  model year 1994 buses, the
    Administrator shall  conduct  annual  tests  of  a  representative
    sample of operating urban buses subject to the particulate  matter
    (PM) standard applicable  pursuant to subsection (b)  to determine
    whether  such buses  comply with such  standard in  use over their
    full useful life. 
       "(2)    Promulgation    of   additional    low-polluting   fuel
    requirement.-(A)  If  the Administrator  determines, based  on the
    testing under  paragraph (1),  that  urban  buses subject  to  the
    particulate  matter   (PM)   standard   applicable   pursuant   to
    subsection (b) do not comply  with such standard in use over their
    full useful  life,  he shall  revise the  standards applicable  to
    such  buses to  require  (in addition  to  compliance with  the PM
    standard  applicable pursuant  to  subsection  (b)) that  all  new
    urban  buses  purchased  or  placed  into  service  by  owners  or
    operators of urban buses in all metropolitan statistical  areas or
    consolidated   metropolitan   statistical  areas   with   a   1980
    population of 750,000 or more  shall be capable of  operating, and
    shall   be  exclusively  operated,  on  low-polluting  fuels.  The
    Administrator shall establish  the pass-fail rate for  purposes of
    testing under this subparagraph. 
       "(B) The  Administrator shall promulgate a  schedule phasing in
    any low-polluting  fuel requirement established  pursuant to  this
    paragraph  to  an   increasing  percentage  of  new   urban  buses
    purchased  or placed  into service  in each  of the  first 5 model
    years  commencing   3   years   after  the   determination   under
    subparagraph (A). Under  such schedule  100 percent  of new  urban
    buses  placed into  service in the  fifth model  year commencing 3
    years after the determination under subparagraph  (A) shall comply
    with the  low-polluting fuel requirement  established pursuant  to
    this paragraph. 
       "(C)  The Administrator  may  extend the  requirements of  this
    paragraph   to  metropolitan  statistical  areas  or  consolidated
    metropolitan  statistical areas  with a  1980  population of  less
    than 750,000, if  the Administrator determines that  a significant
    benefit  to public  health could be  expected to  result from such
    extension. 
    "(d) Retrofit  Requirements.-Not later  than 12  months after  the
enactment of the Clean  Air Act Amendments of 1990,  the Administrator
shall promulgate regulations under section 202(a) requiring that urban
buses which- 
       "(1)  are operating in areas referred to in subparagraph (A) of
    subsection (c)(2)  (or subparagraph  (C) of  subsection (c)(2)  if
    the Administrator has taken action under that subparagraph); 
       "(2)  were  not  subject  to  standards  in  effect  under  the
    regulations under subsection (a); and 
       "(3) have  their engines replaced  or rebuilt after  January 1,
    1995, 
shall  comply   with  an  emissions  standard   or  emissions  control
technology  requirement  established  by  the  Administrator  in  such
regulations. Such emissions standard  or emissions control  technology
re-
quirement shall  reflect the best retrofit  technology and maintenance
practices reasonably achievable. 
    "(e)   Procedures   for   Administration   and    Enforcement.-The
Administrator shall establish, within 18 months after the enactment of
the Clean Air Act  Amendments to 1990, and in accordance  with section
206(h), procedures for the administration and enforcement of standards
for buses subject to standards under this section, testing procedures,
sampling  protocols,  in-use  compliance  requirements,  and  criteria
governing evaluation of buses.  Procedures for testing (including, but
not limited to, certification  testing) shall reflect actual operating
conditions. 
    "(f) Definitions.-For purposes of this section- 
       "(1)  Urban bus.-The term `urban  bus' has the meaning provided
    under regulations of  the Administrator promulgated under  section
    202(a). 
       "(2)  Low-polluting fuel.-The  term `low-polluting  fuel' means
    methanol,  ethanol, propane,  or natural  gas,  or any  comparably
    low-polluting fuel.  In determining whether  a fuel is  comparably
    low-polluting, the Administrator shall consider both  the level of
    emissions of air pollutants from  vehicles using the fuel  and the
    contribution  of   such  emissions  to   ambient  levels  of   air
    pollutants. For  purposes of this  paragraph, the term  `methanol'
    includes  any fuel  which contains  at least  85 percent  methanol
    unless the  Administrator increases  such percentage  as he  deems
    appropriate to protect public health and welfare." 
    (b) Conforming Amendment.-Section  202(a)(4) of the Clean  Air Act
(42  U.S.C.   7521(a)(4))  is  amended  by   striking  out  "standards
prescribed under this subsection" every place  it occurs and inserting
"requirements prescribed under this title". 
SEC. 228. ENFORCEMENT. 
    (a) Inspections  and Testing.-Section 203(a)(2)  of the Clean  Air
Act (42 U.S.C. 7522(a)(2)) is amended to read as follows: 
       "(2)(A) for any person to fail or refuse to permit access to or
    copying  of  records  or  to  fail  to  make  reports  or  provide
    information required under section 208; 
       "(B) for any  person to fail or refuse to permit entry, testing
    or inspection authorized under section 206(c) or section 208; 
       "(C) for any person to fail or refuse to perform tests, or have
    tests performed as required under section 208; 
       "(D) for any manufacturer to fail to make information available
    as provided by regulation under section 202(m)(5);". 
    (b)  Tampering   With  Vehicle   Emission  Controls.-(1)   Section
203(a)(3) (42 U.S.C. 7522(a)(3)) is amended to read as follows: 
       "(3)(A) for  any person  to  remove or  render inoperative  any
    device or element of design  installed on or in a motor vehicle or
    motor vehicle  engine in  compliance with  regulations under  this
    title prior  to its sale and  delivery to  the ultimate purchaser,
    or for  any person knowingly to  remove or  render inoperative any
    such device or element of  design after such sale and delivery  to
    the ultimate purchaser; or 
       "(B) for  any person to manufacture or sell,  or offer to sell,
    or  install, any part  or component intended  for use  with, or as
    part 
    of, any motor vehicle or  motor vehicle engine, where  a principal
    effect of  the part or component  is to bypass,  defeat, or render
    inoperative  any device or element of design  installed on or in a
    motor  vehicle  or   motor  vehicle  engine  in   compliance  with
    regulations  under this  title,  and  where the  person  knows  or
    should know that such part or component is being offered for  sale
    or installed for such use or put to such use; or". 
    (2) At the  end of section 203(a)  (42 U.S.C. 7522(a))  insert the
following: "No action with  respect to any device or element of design
referred to  in paragraph  (3) shall  be treated  as a  prohibited act
under that paragraph if (i) the action is for the purpose of repair or
replacement of the device or element, or is a necessary  and temporary
procedure  to repair  or  replace any  other  item and  the  device or
element  is replaced upon completion  of the procedure,  and (ii) such
action thereafter results in  the proper functioning of the  device or
element referred to  in paragraph (3). No  action with respect to  any
device or  element of design  referred to  in paragraph  (3) shall  be
treated as  a prohibited act under that paragraph if the action is for
the purpose  of a  conversion of a  motor vehicle  for use of  a clean
alternative  fuel (as  defined  in this  title)  and if  such  vehicle
complies with the applicable standard under section 202 when operating
on such fuel, and  if in the case of a clean  alternative fuel vehicle
(as defined by  rule by the  Administrator), the device or  element is
replaced upon completion of the  conversion procedure and such  action
results in proper  functioning of the device or element when the motor
vehicle operates on conventional fuel.". 
    (c) Civil and  Administrative Penalties.-Section 205 of  the Clean
Air Act (42 U.S.C. 7524) is amended to read as follows: 
"SEC. 205. CIVIL PENALTIES. 
    "(a)  Violations.-Any  person  who  violates  sections  203(a)(1),
203(a)(4), or  203(a)(5) or  any manufacturer  or dealer who  violates
section 203(a)(3)(A) shall  be subject to a civil penalty  of not more
than  $25,000.  Any person  other than  a  manufacturer or  dealer who
violates  section  203(a)(3)(A) or  any  person  who violates  section
203(a)(3)(B)  shall be  subject to  a civil penalty  of not  more than
$2,500. Any such violation  with respect to paragraph (1),  (3)(A), or
(4) of section 203(a) shall constitute a separate offense with respect
to each motor vehicle or motor vehicle engine. Any such violation with
respect to  section 203(a)(3)(B)  shall constitute a  separate offense
with  respect to  each  part or  component.  Any person  who  violates
section 203(a)(2) shall be subject to a civil penalty of not more than
$25,000 per day of violation. 
    "(b) Civil Actions.-The Administrator may commence  a civil action
to assess and recover any  civil penalty under subsection (a) of  this
section,  section 211(d),  or section  213(d). Any  action under  this
subsection may be brought  in the district court of  the United States
for the district in which the violation is alleged to have occurred or
in  which the defendant  resides or has  the Administrator's principal
place of business, and  the court shall have jurisdiction to  assess a
civil penalty.  In determining the  amount of any civil  penalty to be
assessed  under this subsection, the court shall take into account the
gravity of the  violation, the  economic benefit or  savings (if  any)
resulting from the violation, the size of the violator's business, the
vio-
lator's  history of compliance with this title, action taken to remedy
the  violation, the effect of the penalty on the violator's ability to
continue in business, and  such other matters as justice  may require.
In any such action, subpoenas for witnesses who are required to attend
a district court in any district may run into any other district. 
    "(c) Administrative Assessment of Certain Penalties.- 
       "(1) Administrative penalty authority.-In  lieu of commencing a
    civil action  under subsection (b),  the Administrator may  assess
    any civil  penalty prescribed in  subsection (a) of this  section,
    section 211(d), or section 213(d), except that the  maximum amount
    of penalty sought  against each  violator in a  penalty assessment
    proceeding  shall not  exceed $200,000,  unless  the Administrator
    and  the  Attorney   General  jointly  determine  that   a  matter
    involving   a   larger   penalty   amount   is   appropriate   for
    administrative penalty assessment.  Any such determination  by the
    Administrator and  the Attorney  General shall  not be  subject to
    judicial  review.  Assessment  of  a  civil   penalty  under  this
    subsection  shall  be  by  an  order  made  on  the  record  after
    opportunity for a  hearing in accordance with sections 554 and 556
    of title  5 of  the United  States Code.  The Administrator  shall
    issue  reasonable rules  for discovery  and  other procedures  for
    hearings  under this paragraph. Before issuing  such an order, the
    Administrator  shall give  written  notice  to the  person  to  be
    assessed  an   administrative  penalty   of  the   Administrator's
    proposal  to  issue   such  order  and  provide   such  person  an
    opportunity to  request such  a hearing  on the  order, within  30
    days  of  the date  the notice  is  received by  such  person. The
    Administrator   may  compromise,   or  remit,   with  or   without
    conditions, any administrative penalty which may  be imposed under
    this section. 
       "(2) Determining amount.-In determining the amount of any civil
    penalty  assessed under  this subsection,  the Administrator shall
    take  into  account  the gravity  of  the violation,  the economic
    benefit or  savings (if  any)  resulting from  the violation,  the
    size  of  the  violator's  business,  the  violator's  history  of
    compliance with this title, action taken to  remedy the violation,
    the effect  of the penalty on  the violator's  ability to continue
    in business, and such other matters as justice may require. 
       "(3)  Effect  of  administrator's  action.-(A)  Action  by  the
    Administrator under this subsection shall  not affect or limit the
    Administrator's authority  to enforce any  provision of this  Act;
    except that any violation, 
          "(i) with  respect to which  the Administrator has commenced
       and is diligently prosecuting  an action under this subsection,
       or 
          "(ii) for which  the Administrator has issued  a final order
       not subject  to further judicial  review and  the violator  has
       paid a penalty assessment under this subsection, 
    shall not be  the subject of civil penalty action under subsection
    (b). 
       "(B) No action by the Administrator under this subsection shall
    affect any person's  obligation to comply with any section of this
    Act. 
       "(4) Finality  of order.-An order issued  under this subsection
    shall become  final 30 days after  its issuance  unless a petition
    for judicial review is filed under paragraph (5). 
       "(5) Judicial  review.-Any person against whom  a civil penalty
    is assessed in  accordance with this subsection may seek review of
    the  assessment  in  the  United  States District  Court  for  the
    District of Columbia, or for  the district in which  the violation
    is alleged  to have  occurred, in  which such  person resides,  or
    where  such  person's  principal place  of  business  is  located,
    within  the 30-day  period beginning on  the date  a civil penalty
    order is issued. Such person  shall simultaneously send a  copy of
    the  filing  by  certified  mail  to  the  Administrator  and  the
    Attorney  General. The  Administrator shall  file in  the  court a
    certified copy, or certified index, as appropriate,  of the record
    on which the order was  issued within 30 days. The court shall not
    set aside  or  remand any  order  issued  in accordance  with  the
    requirements of  this subsection unless  there is not  substantial
    evidence in the record,  taken as a whole, to  support the finding
    of  a violation  or unless  the Administrator's assessment  of the
    penalty constitutes an  abuse of  discretion, and the  court shall
    not impose additional  civil penalties unless the  Administrator's
    assessment  of the penalty constitutes an  abuse of discretion. In
    any  proceedings, the  United  States may  seek to  recover  civil
    penalties assessed under this section. 
       "(6)  Collection.-If any person fails to pay an assessment of a
    civilpenaltyimposedbythe Administratorasprovidedin thissubsection-
     
          "(A) after the order making the assessment has become final,
       or 
          "(B) after a court in an action brought under paragraph  (5)
       has entered a final judgment in favor of the Administrator, 
    the Administrator  shall request the  Attorney General to bring  a
    civil  action  in  an appropriate  district  court to  recover the
    amount assessed  (plus interest at  rates established pursuant  to
    section 6621(a)(2) of the Internal  Revenue Code of 1986  from the
    date of the final order or the date of  the final judgment, as the
    case  may  be). In  such  an  action,  the  validity, amount,  and
    appropriateness  of the  penalty shall  not be  subject to review.
    Any  person who  fails to pay on  a timely basis  the amount of an
    assessment of a civil penalty  as described in the  first sentence
    of this paragraph  shall be required to  pay, in addition  to that
    amount  and interest,  the  United States'  enforcement  expenses,
    including  attorneys fees  and  costs for  collection proceedings,
    and a quarterly nonpayment penalty  for each quarter during  which
    such failure to pay persists.  The nonpayment penalty shall  be in
    an  amount equal to  10 percent  of the  aggregate amount  of that
    person's penalties  and nonpayment penalties  which are unpaid  as
    of the beginning of such quarter.". 
    (d) Enforcement of Fuels Regulations.-Section 211(d)  of the Clean
    Air Act (42 U.S.C. 7545(d)) is amended to read as follows: 
    "(d) Penalties and Injunctions.- 
       "(1) Civil penalties.-Any  person who violates  subsection (a),
    (f),  (g),  (k),  (l),  (m),  or   (n)  of  this  section  or  the
    regulations 
    prescribed under subsection (c), (h),  (i), (k), (l), (m),  or (n)
    of  this  section or  who  fails  to  furnish  any information  or
    conduct any tests  required by the Administrator  under subsection
    (b)  of this section  shall be  liable to the  United States for a
    civil penalty of  not more than the  sum of $25,000 for  every day
    of such  violation and the amount  of economic  benefit or savings
    resulting from  the violation.  Any  violation with  respect to  a
    regulation prescribed  under subsection (c), (k),  (l), or  (m) of
    this section which establishes a regulatory standard  based upon a
    multiday  averaging period  shall  constitute  a separate  day  of
    violation for  each and every day  in the  averaging period. Civil
    penalties shall  be assessed  in accordance  with subsections  (b)
    and (c) of section 205. 
       "(2) Injunctive  authority.-The district  courts of  the United
    States  shall  have   jurisdiction  to   restrain  violations   of
    subsections (a), (f), (g), (k), (l), (m), and (n)  of this section
    and  of the  regulations prescribed  under  subsections (c),  (h),
    (i), (k),  (l),  (m), and  (n)  of this  section, to  award  other
    appropriate relief,  and to compel  the furnishing of  information
    and the  conduct  of  tests required  by  the Administrator  under
    subsection  (b)  of   this  section.  Actions  to   restrain  such
    violations and compel such actions shall be brought by and  in the
    name  of the  United  States. In  any  such action,  subpoenas for
    witnesses  who are  required  to attend  a  district court  in any
    district may run into any other district.". 
    (e)  Miscellaneous Enforcement.-(1)  Section 203(a)  of  the Clean
Air Act is amended as follows: 
          (1)  Insert "or part  C in the case  of clean-fuel vehicles"
       before "(except" in paragraph (1). 
          (2) In paragraph (4) insert "or part C" after "202". 
          (3) At  the  end of  paragraph (4)(A)  insert "or  (ii)  the
       corresponding  requirements of part C in the case of clean fuel
       vehicles  unless  the  manufacturer   has  complied  with   the
       corresponding requirements  of part C" and  in paragraph (4)(A)
       after "complied with" insert "(i)". 
          (4)  At   the  end  of  paragraph   (4)(B)  insert  "or  the
       corresponding  requirements of part C in the case of clean fuel
       vehicles". 
          (5) In  paragraph (4)(C)  insert after  "207" the following:
       "and   the corresponding requirements of part C  in the case of
       clean fuel vehicles". 
          (6)  In  paragraph   (4)(D)  insert  "or  the  corresponding
       requirements  of part  C in  the case  of clean  fuel vehicles"
       before "with respect to any vehicle". 
          (7) Strike the period at the end of paragraph (4) and insert
       "; or" and add the following new paragraph after paragraph (4):

       "(5) for any person to  violate section 218, 219, or part  C of
    this title  or any  regulations under  section 218,  219, or  part
    C.". 
SEC. 229. CLEAN-FUEL VEHICLES. 
    (a)  Amendment  to Title  II.-Title  II of  the  Clean Air  Act is
amended by adding the following new part after part B: 
 
                     "PART C-CLEAN FUEL VEHICLES 

"SEC. 241. DEFINITIONS. 
    "For purposes of this part- 
       "(1)  Terms defined  in part  a.-The definitions  applicable to
    part A under  section 216  shall also apply  for purposes of  this
    part. 
       "(2) Clean alternative fuel.-The term `clean alternative  fuel'
    means any  fuel (including  methanol, ethanol,  or other  alcohols
    (including  any mixture  thereof containing 85  percent or more by
    volume   of  such   alcohol  with   gasoline   or  other   fuels),
    reformulated gasoline,  diesel, natural  gas, liquefied  petroleum
    gas, and  hydrogen) or power  source (including electricity)  used
    in  a clean-fuel  vehicle  that complies  with the  standards  and
    requirements  applicable to  such vehicle  under  this title  when
    using  such fuel or power source. In the case of any flexible fuel
    vehicle or  dual fuel vehicle, the  term `clean  alternative fuel'
    means  only  a  fuel  with  respect  to  which  such  vehicle  was
    certified   as  a   clean-fuel  vehicle   meeting   the  standards
    applicable to  clean-fuel  vehicles under  section 243(d)(2)  when
    operating on clean alternative  fuel (or any CARB  standards which
    replaces such standards pursuant to section 243(e)). 
       "(3) NMOG.-The  term nonmethane organic gas  (`NMOG') means the
    sum of  nonoxygenated and oxygenated  hydrocarbons contained in  a
    gas sample,  including, at a minimum, all oxygenated organic gases
    containing  5 or  fewer carbon  atoms  (i.e., aldehydes,  ketones,
    alcohols, ethers, etc.), and all known  alkanes, alkenes, alkynes,
    and aromatics containing 12 or fewer carbon atoms.  To demonstrate
    compliance  with a NMOG standard, NMOG emissions shall be measured
    in accordance  with the `California  Non-Methane Organic Gas  Test
    Procedures'. In the case of  vehicles using fuels other  than base
    gasoline, the level of NMOG  emissions shall be adjusted  based on
    the reactivity  of the  emissions relative to  vehicles using base
    gasoline. 
       "(4)  Base gasoline.-The  term `base  gasoline'  means gasoline
    which meets the following specifications: 
 
Specifications of Base Gasoline Used as Basis for Reactivity 
Readjustment:  
       API gravity.................................................
       57.8  
       Sulfur, ppm.................................................317

Color..........................................................
Purple 
       Benzene, vol. %.............................................
       1.35 
       Reid vapor pressure.........................................8.7

       Drivability.................................................
       1195  
       Antiknock index.............................................
87.3  
    Distillation, D-86 -F
       IBP.........................................................92 
       10%.........................................................126
        
       50%.........................................................219

       90%.........................................................327
       EP..........................................................414

 Hydrocarbon Type, Vol. Percent FIA:
       Aromatics...................................................
       30.9
       Olefins.....................................................8.2
       Saturates...................................................
60.9
 
    The  Administrator shall  modify  the  definitions of  NMOG,  base
    gasoline, and the methods for making reactivity adjustments, to 
    conform  to the  definitions and  method used in  California under
    the  Low-Emission  Vehicle  and  Clean  Fuel  Regulations  of  the
    California  Air  Resources  Board,  so  long   as  the  California
    definitions  are,  in the  aggregate, at  least  as  protective of
    public health and welfare as the definitions in this section. 
       "(5) Covered fleet.-The term `covered  fleet' means 10 or  more
    motor vehicles  which are owned or operated by a single person. In
    determining the number of vehicles  owned or operated by  a single
    person for  purposes of this  paragraph, all motor vehicles  owned
    or  operated, leased  or otherwise  controlled by such  person, by
    any person who controls such  person, by any person  controlled by
    such person,  and by  any person  under common  control with  such
    person  shall  be  treated  as  owned  by  such  person.  The term
    `covered fleet'  shall not include  motor vehicles held for  lease
    or rental to the  general public, motor vehicles held for  sale by
    motor vehicle  dealers (including  demonstration vehicles),  motor
    vehicles used for motor  vehicle manufacturer product  evaluations
    or  tests,  law  enforcement  and  other  emergency  vehicles,  or
    nonroad vehicles (including farm and construction vehicles).
       "(6)  Covered fleet vehicle.-The  term `covered  fleet vehicle'
    means only a motor vehicle which is- 
          "(i) in a vehicle  class for which standards are  applicable
       under this part; and 
          "(ii)  in a  covered fleet  which  is  centrally fueled  (or
       capable of being centrally fueled). 
    No vehicle which  under normal operations is garaged at a personal
    residence  at night shall  be considered to be  a vehicle which is
    capable  of  being centrally  fueled  within the  meaning of  this
    paragraph. 
       "(7) Clean-fuel vehicle.-The term  `clean-fuel vehicle' means a
    vehicle  in  a  class  or  category  of  vehicles  which  has been
    certified  to meet  for  any  model year  the  clean-fuel  vehicle
    standards  applicable  under  this part  for  that  model year  to
    clean-fuel vehicles in that class or category. 
"SEC. 242. REQUIREMENTS APPLICABLE TO CLEAN FUEL VEHICLES. 
    "(a) Promulgation  of Standards.-Not  later than  24 months  after
the  enactment  of  the   Clean  Air  Act  Amendments  of   1990,  the
Administrator  shall promulgate regulations under this part containing
clean-fuel vehicle standards for  the clean-fuel vehicles specified in
this part. 
    "(b) Other Requirements.-Clean-fuel  vehicles of up to  8,500 gvwr
subject to  standards set  forth in  this part  shall comply with  all
motor  vehicle  requirements  of  this  title  (such  as  requirements
relating to  on-board diagnostics, evaporative emissions,  etc.) which
are applicable  to conventional  gasoline-fueled vehicles of  the same
category and model year, except as 
provided   in  section   244  with   respect  to   administration  and
enforcement,  and except to the extent that any such requirement is in
conflict  with the  provisions of  this  part. Clean-fuel  vehicles of
8,500 gvwr  or greater  subject to  standards set  forth in  this part
shall  comply with all requirements of this title which are applicable
in the case of conventional gasoline-fueled or  diesel fueled vehicles
of the same category and model year, except as provided in section 244
with respect  to administration  and enforcement,  and  except to  the
extent that any such requirement is in conflict with the provisions of
this part. 
    "(c)  In-use   Useful  Life  and  Testing.-(1)   In  the  case  of
light-duty  vehicles and light-duty trucks  up to 6,000  lbs gvwr, the
useful life  for purposes  of determining  in-use compliance with  the
standards under section 243 shall be- 
       "(A) a  period of 5 years  or 50,000 miles  (or the equivalent)
    whichever first occurs, in  the case  of standards applicable  for
    purposes of certification at 50,000 miles; and 
       "(B) a period of 10 years or 100,000 miles (or the  equivalent)
    whichever  first occurs,  in the case  of standards applicable for
    purposes of  certification at  100,000 miles,  except that  in-use
    testing shall not  be done for a  period beyond 7 years  or 75,000
    miles (or the equivalent) whichever first occurs. 
    "(2) In  the case  of  light-duty trucks  of more  than 6,000  lbs
gvwr,  the useful life  for purposes of  determining in-use compliance
with the standards under section 243 shall be- 
       "(A) a  period of 5 years  or 50,000 miles  (or the equivalent)
    whichever first  occurs in  the case of  standards applicable  for
    purposes of certification at 50,000 miles; and 
       "(B) a period of 11 years or 120,000 miles (or the  equivalent)
    whichever first occurs  in the  case of  standards applicable  for
    purposes of  certification at  120,000 miles,  except that  in-use
    testing shall not  be done for a  period beyond 7 years  or 90,000
    miles (or the equivalent) whichever first occurs. 
"SEC. 243. STANDARDS FOR LIGHT-DUTY CLEAN FUEL VEHICLES. 
    "(a)  Exhaust  Standards  for  Light-Duty   Vehicles  and  Certain
Light-Duty Trucks.-The  standards set  forth in this  subsection shall
apply in the case  of clean-fuel vehicles which are  light-duty trucks
of  up  to 6,000  lbs.  gross vehicle  weight rating  (gvwr)  (but not
including light-duty  trucks of  more than 3,750  lbs. loaded  vehicle
weight (lvw)) or light-duty vehicles: 
       "(1)  Phase i.-Beginning  with  model year  1996,  for the  air
    pollutants  specified  in  the  following  table,  the  clean-fuel
    vehicle standards  under this section  shall provide that  vehicle
    exhaust  emissions shall not  exceed the  levels specified  in the
    following table: 
Phase I Clean Fuel Vehicle Emission Standards for Light-Duty Trucks of
up to 3,750    Lbs.  LVW and  up  to 6,000  Lbs.  GVWR and  Light-Duty
Vehicles 

 

    HCHO
       Pollutant                            NMOG  CO    NOx   P M     
(formal-

dehyde)


50,000 mile standard...................  0.125   3.4   0.4   -   0.01
                                                                 5
100,000 mile standard..................  0.156   4.2   0.6  0.08*   0.
                                                                    01
                                                                    8

  
    Standards are expressed in grams per mile (gpm). 
    *   Standards  for   particulates  (PM)   shall   apply  only   to
diesel-fueled vehicles. 
    In  the case  of the 50,000  mile standards  and the  100,000 mile
standards, for  purposes of certification, the  applicable useful life
shall be 50,000 miles or 100,000 miles, respectively. 
       "(2)  Phase  ii.-Beginning  with   model  year  2001,  for  air
    pollutants  specified  in  the  following  table,  the  clean-fuel
    vehicle 
    standards under  this section shall  provide that vehicle  exhaust
    emissions shall  not exceed the levels  specified in the following
    table. 
 
Phase II Clean  Fuel Vehicle Emission Standards  for Light-Duty Trucks
of up to 3,750    Lbs. LVW and up  to 6,000  Lbs. GVWR and  Light-Duty
Vehicles 

 
                                                                 HCHO
       Pollutant                            NMOG  CO    NOx    P  M  *
(formal-

dehyde) 


50,000 mile standard 100,000 mile......  0.075   3.4   0.2   -      0.
                                                                    01
                                                                    5
standard...............................  0.090   4.2   0.3  0.08*   0.
                                                                    01
                                                                    8

  
    Standards are expressed in grams per mile (gpm). 
    *   Standards  for   particulates  (PM)   shall   apply  only   to
diesel-fueled vehicles. 
    In  the case  of the  50,000 mile  standards and  the 100,000 mile
standards, for  purposes of certification, the  applicable useful life
shall be 50,000 miles or 100,000 miles, respectively. 

    "(b) Exhaust  Standards for Light-Duty  Trucks of More Than  3,750
Lbs.  LVW and  up to  5,750 Lbs.  LVW and  up to 6,000  Lbs. GVWR.-The
standards set  forth in  this  paragraph shall  apply in  the case  of
clean-fuel  vehicles which  are light-duty  trucks of more  than 3,750
lbs. loaded  vehicle weight (LVW) but not more than 5,750 lbs. LVW and
not more than 6,000 lbs. gross weight rating (GVWR): 
       "(1)  Phase i.-Beginning  with  model year  1996,  for the  air
    pollutants  specified  in  the  following  table,  the  clean-fuel
    vehicle standards  under this section  shall provide that  vehicle
    exhaust emissions  shall not  exceed the levels  specified in  the
    following table. 
 
Phase I Clean Fuel Vehicle Emission Standards for Light-Duty Trucks of
More Than   3,750 Lbs. and up to 5,750 Lbs.  LVW and up to 6,000  Lbs.
GVWR 

 

                         HCHO
       Pollutant                            NMOG  CO    NOx   P M     
                                         (formal-

                                                               dehyde)



50,000 mile standard...................  0.160   4.4   0.7   -   0.01
                                                                 8
100,000 mile standard..................  0.200   5.5   0.9  0.08*   0.
                                                                    02
                                                                    3

  
    Standards are expressed in grams per mile (gpm).
    *   Standards  for   particulates  (PM)   shall   apply  only   to
diesel-fueled vehicles. 
    In  the case of  the 50,000  mile standards  and the  100,000 mile
standards, for  purposes of certification, the  applicable useful life
shall be 50,000 miles or 100,000 miles, respectively. 

       "(2)  Phase ii.-Beginning  with model  year 2001,  for the  air
    pollutants  specified  in  the  following  table,  the  clean-fuel
    vehicle standards  under this section  shall provide that  vehicle
    exhaust emissions  shall not  exceed the levels  specified in  the
    following table. 
Phase  II  Clean Fuel Vehicle Emission Standards for Light-Duty Trucks
of More Than   3,750 Lbs. LVW and up to 5,750 Lbs. LVW and up to 6,000
Lbs. GVWR 

 

                                                                 HCHO
       Pollutant                            NMOG  CO    NOx   P M     
                                 (formal-

                                            dehyde) 


50,000 mile standard...................  0.100   4.4   0.4   -   0.01
                                                                 8
100,000 mile standard..................  0.130   5.5   0.5  0.08*   0.
                                                                    02
                                                                    3

  
    Standards are expressed in grams per mile (gpm). 
    *   Standards  for   particulates  (PM)   shall   apply  only   to
diesel-fueled vehicles. 
    In  the case of  the 50,000  mile standards  and the  100,000 mile
standards, for  purposes of certification, the  applicable useful life
shall be 50,000 miles or 100,000 miles, respectively. 
    "(c) Exhaust  Standards for Light-Duty  Trucks Greater Than  6,000
Lbs. GVWR.-The standards set  forth in this subsection shall  apply in
the  case of clean-fuel vehicles  which are light-duty  trucks of more
than 6,000 lbs. gross weight  rating (GVWR) and less than or  equal to
8,500  lbs.  GVWR,  beginning  with  model  year  1998.  For  the  air
pollutants specified  in the  following table, the  clean-fuel vehicle
standards  under  this  section  shall provide  that  vehicle  exhaust
emissions of  vehicles within the test weight  categories specified in
the  following table  shall not  exceed the  levels specified  in such
table. 
Clean Fuel Vehicle  Emission Standards for  Light Duty Trucks  Greater
Than 6,000 lbs.   GVWR 

 
                                                             HCHO
       Pollutant                            NMOG     CO      NOx   PM*
                                         (formal-
                                                            dehyde) 


Test Weight Category: Up to 3,750 lbs. tw


50,000 mile standard...................  0.125   3.4      0.4*   ...  
0.015
120,000 mile standard..................  0.180   5.0      0.6   0.08  
0.022

  
Test Weight Category: Above 3,750 lbs. but not above 5,750 lbs. tw


50,000 mile standard...................  0.160   4.4      0.7*   ...  
0.018
120,000 mile standard..................  0.230   6.4      1.0   0.10  
0.027

 
Test Weight Category: Above 5,750 lbs. but not above 8,500 lbs. gvw

50,000 mile standard...................  0.195   5.0      1.1*   ...  
0.022
120,000 mile standard..................  0.280   7.3      1.5   0.12  
0.032

  
    Standards are expressed in grams per mile (gpm). 
    *   Standards  for   particulates  (PM)   shall   apply  only   to
diesel-fueled vehicles. 
    ** Standard not applicable to diesel-fueled vehicles. 
    For the 50,000 mile standards  and the 120,000 mile  standards set
forth  in  the  table, the  applicable  useful  life  for purposes  of
certification shall be 50,000 miles or 120,000 miles, respectively. 
    "(d) Flexible and Dual-Fuel Vehicles.- 
       "(1)  In general.-The  Administrator shall  establish standards
    and requirements  under this section for  the model  year 1996 and
    thereafter for  vehicles weighing  not more than  8,500 lbs.  gvwr
    which  are  capable of  operating  on  more  than  one fuel.  Such
    standards  shall  require  that such  vehicles  meet  the  exhaust
    standards
    applicable  under subsection  (a), (b), and  (c) for  CO, NOx, and
    HCHO, and if  appropriate, PM for single-fuel vehicles of the same
    vehicle category and model year. 
       "(2) Exhaust  nmog standard for operation  on clean alternative
    fuel.-In addition to  standards for the pollutants referred  to in
    paragraph  (1),  the  standards  established under  paragraph  (1)
    shall require that vehicle  exhaust emissions  of NMOG not  exceed
    the levels (expressed in grams  per mile) specified in  the tables
    below when the vehicle is  operated on the clean  alternative fuel
    for which such vehicle is certified: 
 
NMOG Standards  for Flexible- and Dual-Fueled  Vehicles When Operating
on Clean    Alternative Fuel Light-duty  Trucks up to 6,000  lbs. GVWR
a  n  d       L  i  g  h  t  -  d  u  t  y      v  e  h  i  c  l  e  s
 
                                       Column A     Column B
          Vehicle Type              (50,000 mile)   (100,000 mile)
                                       standard     standard
                                         gpm           gpm
  
Beginning MY 1996:
    LDT's (0-3,750 lbs LVW) 
    and light duty vehicles...............  0.125      0.156
    LDT's (3,751-5,750 lbs. LVW)..........  0.160      0.20
Beginning MY 2001:
    LDT's (0-3,750 lbs LVW) 
    and light duty vehicles...............  0.075      0.090
    LDT's (3,751-5,750 lbs. LVW)..........  0.100      0.130

    For standards under  column A, for purposes of certification under
section 206, the applicable useful life shall be 50,000 miles. 
    For standards under column B, for purposes  of certification under
section 206, the applicable useful life shall be 100,000 miles. 
 
             Light-duty Trucks More than 6,000 lbs. GVWR 
 
                                       Column A     Column B
          Vehicle Type              (50,000 mile)   (120,000 mile)
                                       standard     standard
                                         gpm           gpm
  
Beginning MY 1998:
    LDT's (0-3,750 lbs TW)................  0.125      0.180 
    LDT's (3,751-5,750 lbs. TW)...........  0.160      0.230
    LDT's (above 5,750 lbs. TW)..........      0.195     0.280 
  
    For  standards under column A, for purposes of certification under
section 206, the applicable useful life shall be 50,000 miles. 
    For standards under column B,  for purposes of certification under
section 206, the applicable useful life shall be 120,000 miles. 

       "(3) NMOG  standard  for  operation  on  conventional  fuel.-In
    addition  to  the standards  referred  to  in  paragraph (1),  the
    standards established  under  paragraph  (1)  shall  require  that
    vehicle  exhaust   emissions  of  NMOG   not  exceed  the   levels
    (expressed in grams per mile) specified in the tables below: 
 
NMOG Standards  for Flexible- and Dual-Fueled  Vehicles When Operating
on                        Conventional Fuel 
  Light-duty Trucks of up to 6,000 lbs. GVWR and Light-duty vehicles 
 
                                       Column A     Column B
          Vehicle Type              (50,000 mile)   (100,000 mile)
                                    standard gpm    standard gpm
  
Beginning MY 1996:
    LDT's (0-3,750 lbs LVW) 
    and light duty vehicles...............  0.25       0.31
    LDT's (3,751-5,750 lbs. LVW)..........  0.32       0.40
Beginning MY 2001:
    LDT's (0-3,750 lbs LVW) 
    and light duty vehicles...............  0.125        0.156
    LDT's (3,751-5,750 lbs. LVW)..........  0.160        0.200
 
    For standards under column A, for purposes  of certification under
section 206, the applicable useful life shall be 50,000 miles. 
    For  standards under column B, for purposes of certification under
section 206, the applicable useful life shall be 100,000 miles. 
              Light-duty Trucks of up to 6,000 lbs. GVWR 
 
                                       Column A     Column B
          Vehicle Type              (50,000 mile)   (120,000 mile)
                                    standard gpm    standard gpm
  
Beginning MY 1998:
    LDT's (0-3,750 lbs TW)................  0.25       0.36 
    LDT's (3,751-5,750 lbs. TW)...........  0.32       0.46
    LDT's (above 5,750 lbs. TW)..........      0.39      0.56 
  
For standards  under  column A,  for purposes  of certification  under
section 206, the applicable useful life shall be 50,000 miles. 
    For standards under column  B, for purposes of certification under
section 206, the applicable useful life shall be 120,000 miles. 
    "(e) Replacement by CARB Standards.- 
       "(1)  Single set of carb standards.-If  the State of California
    promulgates  regulations  establishing  and implementing  a single
    set of  standards applicable in  California pursuant  to a  waiver
    approved under  section 209 to  any category of vehicles  referred
    to in subsection  (a), (b), (c), or  (d) of this section  and such
    set of standards is,  in the aggregate, at least as  protective of
    public health  and welfare as  the otherwise applicable  standards
    set forth in section 242 and subsection  (a), (b), (c), or (d)  of
    this  section,  such set  of California  standards shall  apply to
    clean-fuel  vehicles in  such  category in  lieu of  the standards
    otherwise applicable  under section 242  and subsection (a),  (b),
    (c), or (d) of this section, as the case may be. 
       "(2)  Multiple   sets  of  carb  standards.-If   the  State  of
    California  promulgates regulations  establishing and implementing
    several  different  sets  of  standards  applicable  in California
    pursuant to  a waiver approved under  section 209  to any category
    of vehicles  referred to in  subsection (a), (b),  (c), or (d)  of
    this section and each of such sets of California standards  is, in
    the  aggregate,  at  least  as  protective  of public  health  and
    welfare  as  the  otherwise  applicable  standards  set  forth  in
    section 242 and subsection (a),  (b), (c), or (d) of this section,
    such  standards  shall  be   treated  as  `qualifying   California
    standards' for purposes of this 
    paragraph.   Where more than one  set of  qualifying standards are
    established  and administered  by  the  State of  California,  the
    least  stringent  set  of  qualifying  California  standards shall
    apply  to  the  clean-fuel  vehicles  concerned  in  lieu  of  the
    standards otherwise applicable to such vehicles  under section 242
    and this section. 
    "(f) Less  Stringent CARB  Standards.-If the Low-Emission  Vehicle
and Clean  Fuels Regulations  of the  California  Air Resources  Board
applicable  to any category of vehicles referred to in subsection (a),
(b),  (c), or (d) of this section  are modified after the enactment of
the Clean  Air Act of 1990  to provide an emissions  standard which is
less stringent  than the  otherwise applicable standard  set forth  in
subsection (a), (b), (c),  or (d), or if any  effective date contained
in  such regulations is delayed, such modified standards or such delay
(or both,  as the case may be) shall  apply, for an interim period, in
lieu of  the standard  or  effective date  otherwise applicable  under
subsection  (a), (b),  (c),  or (d)  to any  vehicles covered  by such
modified standard or delayed effective  date. The interim period shall
be  a period of  not more than  2 model years  from the effective date
otherwise applicable  under subsection (a),  (b), (c),  or (d).  After
such  interim period, the  otherwise applicable standard  set forth in
subsection  (a), (b), (c),  or (d) shall  take effect  with respect to
such vehicles (unless subsequently replaced under subsection (e)). 
    "(g) Not  Applicable to  Heavy-Duty Vehicles.-Notwithstanding  any
provision of  the Low-Emission Vehicle and Clean  Fuels Regulations of
the California Air Resources Board nothing in this section shall apply
to heavy-duty engines in vehicles of more than 8,500 lbs. GVWR. 
"SEC. 244. ADMINISTRATION AND ENFORCEMENT AS PER CALIFORNIA STANDARDS.

    "Where  the  numerical  clean-fuel  vehicle  standards  applicable
under this part to  vehicles of not more than 8,500  lbs. GVWR are the
same as  numerical emission  standards applicable in  California under
the Low-Emission Vehicle and Clean Fuels Regulations of the California
Air Resources Board (`CARB'), such standards shall be administered and
enforced by the Administrator- 
       "(1) in the  same manner and  with the same flexibility  as the
    State  of  California  administers   and  enforces   corresponding
    standards  applicable under  the  Low-Emission  Vehicle and  Clean
    Fuels Regulations of the California Air  Resources Board (`CARB');
    and 
       "(2) subject to  the same requirements, and  utilizing the same
    interpretations and  policy judgments,  as are  applicable in  the
    case of  such  CARB  standards,  including, but  not  limited  to,
    requirements  regarding  certification,  production-line  testing,
    and in-use compliance, 
unless  the  Administrator  determines  (in   promulgating  the  rules
establishing  the clean fuel vehicle program  under this section) that
any  such administration and  enforcement would not  meet the criteria
for a waiver under section 209. Nothing in this section shall apply in
the case of standards under section 245 for heavy-duty vehicles. 
 
"SEC. 245.  STANDARDS FOR  HEAVY-DUTY CLEAN-FUEL VEHICLES  (GVWR ABOVE
8,500 UP TO 26,000 LBS). 
    "(a) Model Years After  1997; Combined NOx and  NMHC Standard.-For
classes or  categories of heavy-duty vehicles  or engines manufactured
for the model  year 1998 or thereafter and having  a GVWR greater than
8,500 lbs. and up to  26,000 lbs. GVWR, the standards under  this part
for  clean-fuel  vehicles shall  require  that  combined emissions  of
oxides of  nitrogen (NOx) and nonmethane hydrocarbons (NMHC) shall not
exceed  3.15 grams per brake horsepower hour (equivalent to 50 percent
of the combined  emission standards applicable  under section 202  for
such  air pollutants in  the case  of a  conventional model  year 1994
heavy-duty  diesel-fueled vehicle  or  engine). No  standard shall  be
promulgated  as provided in this section for any heavy-duty vehicle of
more than 26,000 lbs. GVWR. 
    "(b)   Revised  Standards   That   Are  Less   Stringent.-(1)  The
Administrator may promulgate a revised less stringent standard for the
vehicles or engines referred to in subsection (a) if the Administrator
determines that the 50 percent reduction required under subsection (a)
is not  technologically feasible for clean  diesel-fueled vehicles and
engines, taking into account durability, costs, lead time, safety, and
other   relevant  factors.   To   provide  adequate   lead  time   the
Administrator  shall   make  a   determination  with  regard   to  the
technological feasibility of such 50 percent reduction before December
31, 1993. 
    "(2) Any  person may  at any  time petition  the Administrator  to
make a  determination under paragraph (1). The Administrator shall act
on such a petition within 6 months after the petition is filed. 
    "(3) Any revised less stringent standards  promulgated as provided
in this subsection shall  require at least  a 30 percent reduction  in
lieu of the 50 percent reduction referred to in paragraph (1). 
"SEC. 246. CENTRALLY FUELED FLEETS 
    "(a) Fleet Program Required for Certain Nonattainment Areas.- 
       "(1)  SIP revision.-Each State in which there is located all or
    part  of  a covered  area  (as  defined  in  paragraph (2))  shall
    submit, within 42  months after the enactment of the Clean Air Act
    Amendments of  1990, a  State implementation  plan revision  under
    section  110 and  part D  of  title I  to  establish a  clean-fuel
    vehicle program for fleets under this section. 
       "(2) Covered  areas.-For purposes  of this subsection,  each of
    the following shall be a `covered area': 
          "(A) Ozone nonattainment areas.-Any ozone nonattainment area
       with  a 1980  population of  250,000 or  more classified  under
       subpart  2 of part D of title I of this Act as Serious, Severe,
       or Extreme based on data for the calendar years 1987, 1988, and
       1989.  In  determining  the  ozone nonattainment  areas  to  be
       treated  as covered  areas pursuant  to this  subparagraph, the
       Administrator   shall  use   the  most   recent  interpretation
       methodology issued by the  Administrator prior to the enactment
       of the Clean Air Act Amendments of 1990. 
          "(B)  Carbon   monoxide  nonattainment   areas.-Any   carbon
       monoxide nonattainment  area with a 1980  population of 250,000
       or more  and a  carbon monoxide design  value at or  above 16.0
       parts per million  based on  data for calendar  years 1988  and
       1989 (as calculated according to the most recent interpretation
       methodology  issued prior  to enactment  of the  Clean Air  Act
       Amendments  of   1990  by   the  United   States  Environmental
       Protection   Agency),   excluding    those   carbon    monoxide
       nonattainment areas  in which mobile sources  do not contribute
       significantly to carbon monoxide exceedances. 
       "(3)  Plan revisions  for  reclassified areas.-In  the case  of
    ozone  nonattainment  areas reclassified  as  Serious,  Severe, or
    Extreme  under part D of title I with a 1980 population of 250,000
    or more,  the  State shall  submit  a  plan revision  meeting  the
    requirements    of   this   subsection   within   1   year   after
    reclassification.   Such  plan   revision   shall   implement  the
    requirements  applicable under  this  subsection  at the  time  of
    reclassification  and  thereafter,  except that  the Administrator
    may  adjust  for a  limited  period the  deadlines for  compliance
    where compliance with such deadlines would be infeasible. 
       "(4)   Consultation;   consideration  of   factors.-Each  State
    required  to submit  an implementation  plan  revision under  this
    subsection shall develop such revision in  consultation with fleet
    operators,    vehicle    manufacturers,   fuel    producers    and
    distributors,  motor vehicle  fuel, and  other interested parties,
    taking  into  consideration  operational  range,  specialty  uses,
    vehicle and  fuel availability,  costs, safety,  resale values  of
    vehicles and equipment and other relevant factors. 
    "(b) Phase-In of  Requirements.-The plan  revision required  under
this  section  shall contain  provisions  requiring  that  at least  a
specified percentage of all  new covered fleet vehicles in  model year
1998 and thereafter purchased  by each covered fleet operator  in each
covered  area  shall  be  clean-fuel  vehicles  and  shall  use  clean
alternative  fuels  when  operating  in  the  covered  area.  For  the
applicable  model years  (MY)  specified in  the  following table  and
thereafter, the specified percentage shall be as provided in the table
for the vehicle types set forth in the table: 
 
         Clean Fuel Vehicle Phase-in Requirements for Fleets 
                             [In percent]

 
       Vehicle Type                         MY1998  MY1999  MY2000


Light-duty trucks up to 6,000 lbs gvwr
and light-duty vehicles.....................   30        50         70
Heavy-duty trucks above 8,500 gvwr..........   50        50         50


    The term MY refers to model year. 

    "(c) Accelerated Standard for Light-Duty  Trucks up to 6,000  lbs.
GVWR  and  Light-Duty  Vehicles.-Notwithstanding the  model  years for
which  clean-fuel  vehicle standards  are  applicable  as provided  in
section 243, for purposes of this  section, light duty trucks of up to
6,000  lbs. GVWR and  light-duty vehicles manufactured  in model years
1998 through model year 2000 shall be treated as 
clean-fuel vehicles only  if such vehicles  comply with the  standards
applicable  under section 243 for  vehicles in the  same class for the
model  year 2001. The requirements of subsection (b) shall take effect
on the earlier of the following: 
       "(1) The first  model year after model  year 1997 in  which new
    light-duty trucks  up to  6,000 lbs. GVWR  and light-duty vehicles
    which comply with  the model year 2001 standards under section 243
    are offered for sale in California. 
       "(2) Model year 2001. 
Whenever the effective date  of subsection (b) is delayed  pursuant to
paragraph  (1)  of  this   subsection,  the  phase-in  schedule  under
subsection  (b)  shall be  modified to  commence  with the  model year
referred to in paragraph (1) in lieu of model year 1998. 
    "(d) Choice  of Vehicles  and Fuel.-The plan  revision under  this
subsection  shall provide that  the choice of  clean-fuel vehicles and
clean  alternative fuels shall be  made by the  covered fleet operator
subject to the requirements of this subsection. 
    "(e)  Availability  of Clean  Alternative Fuel.-The  plan revision
shall require fuel providers to make  clean alternative fuel available
to  covered  fleet  operators  at  locations  at  which covered  fleet
vehicles are centrally fueled. 
    "(f) Credits.- 
       "(1)  Issuance of  credits.-The  State  plan revision  required
    under this section  shall provide for the issuance by the State of
    appropriate credits to a fleet  operator for any of  the following
    (or any combination thereof): 
          "(A) The purchase  of more clean-fuel vehicles than required
       under this section. 
          "(B) The  purchase of clean  fuel vehicles  which meet  more
       stringent  standards established by  the Administrator pursuant
       to paragraph (4). 
          "(C) The  purchase of  vehicles in categories  which are not
       covered by  this section  but which meet  standards established
       for such vehicles under paragraph (4).
       "(2) Use of credits; limitations based on weight classes. 
          "(A) Use  of credits.-Credits  under this  subsection may be
       used  by  the  person   holding  such  credits  to  demonstrate
       compliance with this section  or may be traded or  sold for use
       by  any  other  person  to demonstrate  compliance  with  other
       requirements  applicable  under  this   section  in  the   same
       nonattainment area. Credits obtained at any time may be held or
       banked  for  use at  any  later time,  and when  so  used, such
       credits shall maintain the same value  as if used at an earlier
       date. 
          "(B)  Limitations based  on weight  classes.-Credits  issued
       with  respect to the  purchase of vehicles of  up to 8,500 lbs.
       GVWR  may not be used  to demonstrate compliance  by any person
       with  the  requirements  applicable  under  this subsection  to
       vehicles  of more  than 8,500  lbs.  GVWR. Credits  issued with
       respect to the  purchase of  vehicles of more  than 8,500  lbs.
       GVWR  may not be used  to demonstrate compliance  by any person
       with the  requirements  applicable  under  this  subsection  to
       vehicles weighing up to 8,500 lbs. GVWR. 
          "(C) Weighting.-Credits issued  for purchase of a clean fuel
       vehicle   under  this   subsection  shall   be   adjusted  with
       appropriate  weighting  to   reflect  the  level   of  emission
       reduction achieved by the vehicle. 
       "(3) Regulations and administration.-Within 12 months after the
    enactment  of   the  Clean   Air  Act  Amendments   of  1990,  the
    Administrator  shall  promulgate  regulations   for  such   credit
    program.  The   State   shall   administer  the   credit   program
    established under this subsection. 
       "(4) Standards for issuing credits for cleaner vehicles.-Solely
    for  purposes  of  issuing credits  under  paragraph  (1)(B),  the
    Administrator  shall establish under this  paragraph standards for
    Ultra-Low Emission Vehicles (`ULEV's) and Zero Emissions  Vehicles
    (`ZEV's)  which  shall  be more  stringent  than  those  otherwise
    applicable  to   clean-fuel   vehicles   under  this   part.   The
    Administrator shall certify clean fuel vehicles  as complying with
    such more  stringent standards,  and administer  and enforce  such
    more stringent  standards, in the  same manner  as in the  case of
    the otherwise applicable  clean-fuel vehicle standards established
    under   this   section.   The   standards   established   by   the
    Administrator under this  paragraph for vehicles under  8,500 lbs.
    GVWR or greater  shall conform as closely as possible to standards
    which  are established by the State of California for ULEV and ZEV
    vehicles in the  same class. For  vehicles of  8,500 lbs. GVWR  or
    more, the Administrator shall promulgate comparable  standards for
    purposes of this subsection. 
       "(5) Early fleet credits.-The State plan revision shall provide
    credits under  this subsection  to fleet  operators that  purchase
    vehicles certified  to  meet  clean-fuel vehicle  standards  under
    this part  during any period after  approval of  the plan revision
    and  prior to the effective  date of the fleet  program under this
    section. 
    "(g)  Availability  to  the  Public.-At  any   facility  owned  or
operated  by a  department, agency, or  instrumentality of  the United
States  where vehicles  subject to  this subsection are  supplied with
clean alternative  fuel, such  fuel shall be  offered for sale  to the
public  for use in other vehicles during reasonable business times and
subject   to  national   security  concerns,   unless  such   fuel  is
commercially  available for vehicles  in the vicinity  of such Federal
facilities. 
    "(h) Transportation  Control Measures.-The Administrator shall  by
rule,  within  1  year after  the  enactment  of  the  Clean  Air  Act
Amendments  of  1990,  ensure  that  certain  transportation   control
measures including time-of-day or  day-of-week restrictions, and other
similar  measures that  restrict vehicle  usage, do  not apply  to any
clean-fuel vehicle that meets  the requirements of this  section. This
subsection shall apply notwithstanding title I. 
"SEC. 247. VEHICLE CONVERSIONS. 
    "(a)  Conversion of  Existing  and  New Conventional  Vehicles  to
Clean-Fuel  Vehicles.-The  requirements  of  section 246  may  be  met
through the conversion of existing  or new gasoline or  diesel-powered
vehicles  to  clean-fuel vehicles  which  comply  with the  applicable
requirements of that section. For purposes of such provisions 
the conversion of a vehicle to clean fuel vehicle shall  be treated as
the   purchase of a clean fuel vehicle.  Nothing in this part shall be
construed  to provide that any covered fleet operator subject to fleet
vehicle  purchase requirements under section  246 shall be required to
convert  existing  or  new  gasoline  or  diesel-powered  vehicles  to
clean-fuel vehicles or to purchase converted vehicles. 
    "(b) Regulations.-The Administrator shall, within  24 months after
the enactment of the Clean Air Act Amendments of 1990, consistent with
the requirements of this title  applicable to new vehicles, promulgate
regulations   governing  conversions   of  conventional   vehicles  to
clean-fuel  vehicles.  Such regulations  shall establish  criteria for
such conversions  which  will ensure  that  a converted  vehicle  will
comply with  the standards  applicable under  this part to  clean-fuel
vehicles. Such regulations  shall provide for the  application to such
conversions of the same provisions of this title (including provisions
relating to administration enforcement) as are applicable to standards
under  section 242,  243, 244,  and 245,  except that  in the  case of
conversions the Administrator  may modify  the applicable  regulations
implementing such  provisions as the Administrator  deems necessary to
implement this part. 
    "(c) Enforcement.-Any  person who  converts conventional  vehicles
to clean fuel vehicles pursuant to subsection (b), shall be considered
a  manufacturer for  purposes  of sections  206  and 207  and  related
enforcement  provisions.  Nothing  in  the  preceding  sentence  shall
require a person  who performs such conversions to warrant any part or
operation of a vehicle other than as required under this part. Nothing
in  this paragraph shall limit the applicability of any other warranty
to unrelated parts or operations. 
    "(d)  Tampering.-The  conversion   from  a   vehicle  capable   of
operating  on gasoline  or diesel  fuel only  to a  clean-fuel vehicle
shall  not  be considered  a violation  of  section 203(a)(3)  if such
conversion complies with the regulations  promulgated under subsection
(b). 
    "(e) Safety.-The Secretary of Transportation shall, if  necessary,
promulgate  rules under  applicable motor  vehicle laws  regarding the
safety  of  vehicles  converted  from existing  and  new  vehicles  to
clean-fuel vehicles. 
"SEC. 248. FEDERAL AGENCY FLEETS. 
    "(a)  Additional  Provisions  Applicable.-The  provisions of  this
section shall apply, in addition to the other provisions of this part,
in the case of covered fleet  vehicles owned or operated by an agency,
department,  or  instrumentality  of  the  United  States,  except  as
otherwise provided in subsection (e). 
    "(b)  Cost  of Vehicles  to  Federal  Agency.-Notwithstanding  the
provisions of section  211 of the Federal  Property and Administrative
Services  Act of 1949, the Administrator of General Services shall not
include  the incremental costs of clean-fuel vehicles in the amount to
be  reimbursed by  Federal agencies  if  the Administrator  of General
Services  determines that  appropriations  provided  pursuant to  this
paragraph are sufficient to  provide for the incremental cost  of such
vehicles over the cost of comparable conventional vehicles. 
    "(c)  Limitations  on Appropriations.-Funds  appropriated pursuant
to the authorization under this paragraph shall be applicable only- 
       "(1) to the portion of the cost of acquisition, maintenance and
    operation  of  vehicles  acquired under  this  subparagraph  which
    exceeds  the cost  of acquisition,  maintenance  and operation  of
    comparable conventional vehicles; 
       "(2) to the portion of the costs of fuel storage and dispensing
    equipment attributable  to such vehicles  which exceeds the  costs
    for such purposes required for conventional vehicles; and 
       "(3) to the portion  of the costs of acquisition  of clean-fuel
    vehicles  which  represents  a  reduction  in   revenue  from  the
    disposal  of such vehicles as  compared to  revenue resulting from
    the disposal of comparable conventional vehicles. 
    "(d)  Vehicle Costs.-The  incremental  cost of  vehicles  acquired
under this  part  over the  cost of  comparable conventional  vehicles
shall not be applied  to any calculation with respect to  a limitation
under law  on the maximum  cost of  individual vehicles  which may  be
required by the United States. 
    "(e) Exemptions.-The requirements of this part shall not  apply to
vehicles  with respect to which the Secretary of Defense has certified
to the Administrator  that an  exemption is needed  based on  national
security consideration. 
    "(f)  Acquisition  Requirement.-Federal agencies,  to  the  extent
practicable,  shall obtain clean-fuel vehicles from original equipment
manufacturers. 
    "(g)  Authorization of Appropriations.-There are  authorized to be
appropriated such sums as may be required  to carry out the provisions
of this section: Provided, That such sums as are  appropriated for the
Administrator of General Services  pursuant to the authorization under
this section  shall be added to the General Supply Fund established in
section 109 of the Federal Property and Administrative Services Act of
1949. 
"SEC. 249. CALIFORNIA PILOT TEST PROGRAM. 
    "(a) Establishment.-The  Administrator  shall  establish  a  pilot
program in the State of California to demonstrate the effectiveness of
clean-fuel   vehicles   in   controlling   air   pollution   in  ozone
nonattainment areas. 
    "(b)  Applicability.-The provisions  of  this  section shall  only
apply  to    light-duty  trucks  and  light-duty  vehicles,  and  such
provisions  shall apply  only in  the State  of California,  except as
provided in subsection (f). 
    "(c)  Program Requirements.-Not  later than  24  months after  the
enactment of the Clean  Air Act Amendments of 1990,  the Administrator
shall  promulgate  regulations  establishing requirements  under  this
section applicable in  the State of California.  The regulations shall
provide the following: 
       "(1)   Clean-fuel   vehicles.-Clean-fuel   vehicles  shall   be
    produced,  sold,  and  distributed  (in  accordance  with   normal
    business  practices  and  applicable   franchise  agreements)   to
    ultimate  purchasers in  California  (including owners  of covered
    fleets referred  to in section 246) in numbers that meet or exceed
    the following schedule: 
    Model Years                  Number of Clean-Fuel Vehicles 

1996, 1997, 1998............................   150,000 vehicles 
1999 and thereafter.........................   300,000 vehicles 
 
       "(2)  Clean alternative  fuels.-(A)  Within 2  years after  the
    enactment  of the Clean Air  Act Amendments of  1990, the State of
    California   shall   submit   a   revision   of   the   applicable
    implementation plan  under  part D  of  title  I and  section  110
    containing a clean fuel plan that requires that  clean alternative
    fuels  on  which  the  clean-fuel  vehicles  required  under  this
    paragraph  can operate shall be  produced and  distributed by fuel
    suppliers  and  made  available  in  California.   At  a  minimum,
    sufficient clean alternative fuels shall  be produced, distributed
    and  made  available  to  assure  that   all  clean-fuel  vehicles
    required under  this section  can operate,  to the  maximum extent
    practicable, exclusively  on such fuels  in California. The  State
    shall require that  clean alternative fuels be made  available and
    offered  for  sale  at  an  adequate  number  of   locations  with
    sufficient geographic distribution to ensure  convenient refueling
    with clean alternative  fuels, considering the number of, and type
    of, such  vehicles sold and  the geographic  distribution of  such
    vehicles within  the State.  The  State shall  determine the clean
    alternative fuels to be produced, distributed,  and made available
    based on motor vehicle manufacturers' projections  of future sales
    of  such  vehicles  and  consultations  with  the  affected  local
    governments and fuel suppliers. 
       "(B) The State may  by regulation grant persons subject  to the
    requirements  prescribed  under  this  paragraph   an  appropriate
    amount of credits  for exceeding such requirements, and any person
    granted  credits may transfer some  or all of the  credits for use
    by  one or  more  persons in  demonstrating compliance  with  such
    requirements. The  State may  make the  credits available for  use
    after   consideration   of  enforceability,   environmental,   and
    economic factors and upon such  terms and conditions as  the State
    finds appropriate. 
       "(C) The State may  also by regulation establish specifications
    for any  clean alternative fuel produced  and made available under
    this  paragraph  as   the  State  finds  necessary  to  reduce  or
    eliminate  an unreasonable  risk  to  public health,  welfare,  or
    safety associated  with its  use or to  ensure acceptable  vehicle
    maintenance and performance characteristics. 
       "(D)  If a  retail gasoline dispensing  facility would  have to
    remove  or replace  one or  more  motor  vehicle fuel  underground
    storage tanks and  accompanying piping in order to comply with the
    provisions of this section, and  it had removed and  replaced such
    tank or  tanks and  accompanying piping  in order  to comply  with
    subtitle I of  the Solid Waste Disposal  Act prior to the  date of
    the  enactment of the  Clean Air Act Amendments  of 1990, it shall
    not be  required to comply with this  subsection until a period of
    7  years has passed from  the date of  the removal and replacement
    of such tank or tanks. 
       "(E) Nothing  in this section  authorizes any State  other than
    California to adopt  provisions regarding clean alternative fuels.
       "(F) If the  State of California  fails to adopt  a clean  fuel
    program  that  meets  the  requirements  of  this  paragraph,  the
    Administrator shall, within  4 years  after the  enactment of  the
    Clean Air Act Amendments of  1990, establish a clean  fuel program
    for  the State  of  California under  this paragraph  and  section
    110(c) that meets the requirements of this paragraph. 
    "(d)   Credits   for    Motor   Vehicle   Manufacturers.-(1)   The
Administrator may  (by regulation) grant a  motor vehicle manufacturer
an  appropriate   amount  of   credits  toward  fulfillment   of  such
manufacturer's share of the requirements of  subsection (c)(1) of this
section for any of the following (or any combination thereof): 
       "(A) The sale  of more clean-fuel vehicles than  required under
    subsection (c)(1) of this section. 
       "(B)  The sale  of  clean fuel  vehicles  which meet  standards
    established  by the  Administrator as  provided  in paragraph  (3)
    which are  more stringent  than the  clean-fuel vehicle  standards
    otherwise  applicable to such  clean-fuel vehicle.  A manufacturer
    granted credits under this paragraph  may transfer some or  all of
    the  credits  for  use  by  one  or  more  other  manufacturers in
    demonstrating compliance  with the  requirements prescribed  under
    this paragraph. The  Administrator may make the  credits available
    for  use after consideration of enforceability, environmental, and
    economic factors  and upon such terms  and conditions  as he finds
    appropriate. The Administrator shall  grant credits in  accordance
    with  this  paragraph, notwithstanding  any requirements  of State
    law  or any  credits  granted with  respect  to the  same vehicles
    under any State law, rule, or regulation. 
    "(2)  Regulations  and  administration.-The  Administrator   shall
administer  the  credit  program  established  under  this subsection.
Within 12 months after the  enactment of the Clean Air  Act Amendments
of  1990,  the Administrator  shall  promulgate  regulations for  such
credit program. 
    "(3) Standards for issuing credits for  cleaner vehicles.-The more
stringent  standards  and other  requirements  (including requirements
relating to the weighting of credits) established by the Administrator
for purposes of the  credit program under 245(e) (relating  to credits
for clean  fuel vehicles in the  fleets program) shall also  apply for
purposes of the credit program under this paragraph. 
    "(e)  Program Evaluation.-(1)  Not later  than  June 30,  1994 and
again  in  connection   with  the  report  under  paragraph  (2),  the
Administrator shall  provide a report to the Congress on the status of
the California  Air Resources  Board Low-Emissions Vehicles  and Clean
Fuels  Program. Such  report  shall  examine  the capability,  from  a
technological  standpoint, of  motor vehicle  manufacturers and  motor
vehicle fuel suppliers to comply with the requirements of such program
and with the requirements  of the California Pilot Program  under this
section. 
    "(2)  Not  later  than  June  30,  1998,  the  Administrator shall
complete and submit a  report to Congress on the effectiveness  of the
California pilot program under this section. The report shall evaluate
the level of emission reductions achieved under the program, the costs
of the  program, the  advantages  and disadvantages  of extending  the
program to  other nonattainment areas, and  desirability of continuing
or expanding the program in California. 
    "(3)  The  program  under  this  section  cannot  be  extended  or
terminated  by the  Administrator  except by  Act of  Congress enacted
after the date of the Clean Air Act Amendments of 1990. Section 177 of
this Act does not apply to the program under this section. 
    "(f) Voluntary Opt-In for Other States.- 
       "(1)  EPA  regulations.-Not  later   than  2  years  after  the
    enactment  of  the  Clean   Air  Act   Amendments  of  1990,   the
    Administrator   shall   promulgate  regulations   establishing   a
    voluntary opt-in program under this subsection  pursuant to which-
          "(A) clean-fuel vehicles  which are required to be produced,
       sold, and  distributed in the  State of  California under  this
       section, and 
          "(B)  clean alternative  fuels required  to be  produced and
       distributed  under  this section  by  fuel  suppliers and  made
       available in California 
       may also be  sold and used  in other  States which submit  plan
       revisions under paragraph (2). 
       "(2) Plan revisions.-Any State in which there is located all or
    part of an  ozone nonattainment area classified under subpart D of
    title  I as Serious, Severe,  or Extreme may submit  a revision of
    the  applicable implementation  plan under part  D of  title I and
    section 110 to  provide incentives for the sale  or use in such an
    area  or State of   clean-fuel  vehicles which are  required to be
    produced, sold,  and distributed  in the State  of California, and
    for the use  in such an area  or State of clean  alternative fuels
    required to  be produced  and distributed  by  fuel suppliers  and
    made available in California. Such plan provisions  shall not take
    effect until 1  year after the  State has provided notice  of such
    provisions to motor vehicle manufacturers and to fuel suppliers. 
       "(3) Incentives.-The  incentives referred  to in  paragraph (2)
    may include any or all of the following: 
          "(A)  A  State   registration  fee  on  new  motor  vehicles
       registered  in the State  which are not  clean-fuel vehicles in
       the amount  of at least 1  percent of the cost  of the vehicle.
       The proceeds of  such fee  shall be used  to provide  financial
       incentives to purchasers of  clean-fuel vehicles and to vehicle
       dealers who sell high volumes or high percentages of clean-fuel
       vehicles  and  to  defray   the  administrative  costs  of  the
       incentive program. 
          "(B) Provisions  to  exempt  clean-fuel vehicles  from  high
       occupancy vehicle or trip reduction requirements. 
          "(C) Provisions to provide preference in the use of existing
       parking spaces for clean-fuel vehicles. 
    The incentives  under this paragraph shall  not apply  in the case
    of covered fleet vehicles. 
       "(4) No  sales or production mandate.-The  regulations and plan
    revisions under  paragraphs  (1)  and (2)  shall  not include  any
    production  or sales  mandate  for  clean-fuel vehicles  or  clean
    alternative fuels. Such regulations and plan  revisions shall also
    provide that vehicle  manufacturers and fuel suppliers may  not be
    subject to penalties or sanctions  for failing to produce  or sell
    clean-fuel vehicles or clean alternative fuels. 
 
"SEC. 250. GENERAL PROVISIONS. 
    "(a) State Refueling  Facilities.-If any State adopts  enforceable
provisions  in an  implementation plan  applicable to  a nonattainment
area  which provides that existing  State refueling facilities will be
made available to  the public  for the purchase  of clean  alternative
fuels or that State-operated refueling facilities for  such fuels will
be  constructed and operated  by the State  and made available  to the
public at  reasonable times, taking into  consideration safety, costs,
and other relevant factors,  in approving such plan under  section 110
and part  D, the Administrator  may credit  a State with  the emission
reductions for purposes of part D attributable to such actions. 
    "(b)  No  Production  Mandate.-The  Administrator  shall  have  no
authority  under this  part to  mandate the  production  of clean-fuel
vehicles except as provided in the California pilot test program or to
specify as applicable the models, lines,  or types of, or marketing or
price practices, policies, or strategies for, vehicles subject to this
part.   Nothing  in  this  part   shall  be  construed   to  give  the
Administrator  authority  to mandate  marketing or  pricing practices,
policies, or strategies for fuels. 
    "(c) Tank and Fuel System Safety.-The  Secretary of Transportation
shall,  in accordance with  the National Motor  Vehicle Traffic Safety
Act of  1966, promulgate  applicable regulations regarding  the safety
and  use  of  fuel  storage  cylinders  and  fuel  systems,  including
appropriate testing and retesting, in conversions of motor vehicles. 
    "(d)  Consultation With  Department of  Energy  and Department  of
Transportation.-The   Administrator   shall   coordinate    with   the
Secretaries  of  the  Department  of  Energy  and  the  Department  of
Transportation in  carrying out the Administrator's  duties under this
part.". 
SEC. 230. TECHNICAL AMENDMENTS. 
    The Clean Air Act is amended as follows: 
       (1) In section 202(b)(3), strike out subparagraph (B). 
       (2) Strike out section 202(b)(4) (42 U.S.C. 7521(b)(4)). 
       (3) Strike out section 202(b)(5) (42 U.S.C. 7521(b)(5)). 
       (4) In section 202(b)(6) (42 U.S.C. 7521(b)(6))- 
          (A) strike out "(A)" after "(6)", 
          (B) strike out subparagraph (B), and  
          (C)   redesignate  paragraph   (6)  as  paragraph   (3)  and
       redesignate  clauses  (i) through  (iii)  as  subparagraphs (A)
       through (C). 
       (5) Strike out section 202(b)(7) (42 U.S.C. 7521(b)(7)). 
       (6) Strike out section 203(c) (42 U.S.C. 7522(c)). 
          (7)  Strike out  "announce in the  Federal Register  and" in
       section 206(e) (42 U.S.C. 7525(e)). 
       (8) In section 206(f) (42 U.S.C. 7525(f))- 
          (A) strike out "(1)" after "(f)",   
          (B) strike out paragraph (2), and 
          (C) insert "and all light-duty trucks manufactured during or
       after model year "1995" immediately after "1984". 
       (9)  In  section  207(g)  strike out  "(but  not  designed  for
       emission control under the terms of the last three sentences of
       section 
       207(a)(1)" and  insert "(but not designed  for emission control
       under the terms of the last sentence of section 207(a)(3))". 
       (10) Strike out section 212. 

                       PART B-OTHER PROVISIONS 

SEC. 231. ETHANOL SUBSTITUTE FOR DIESEL. 
    Within  one  year  after  the  enactment  of  the  Clean  Air  Act
Amendments of 1990, the Administrator shall contract with a laboratory
which has done research on alcohol  esters of rapeseed oil to evaluate
the  feasibility,   engine  performance,  emissions,   and  production
capability associated with  an alternative to diesel fuel  composed of
ethanol and high erucic rapeseed oil. The Administrator shall submit a
report on the  results of this research to Congress  within 3 years of
the issuance of such contract. 
SEC. 232. ADOPTION BY OTHER STATES OF CALIFORNIA STANDARDS. 
    Section 177 of  the Clean Air Act  (42 U.S.C. 7507) is  amended by
adding the following at the end thereof: 
    "Nothing in  this section  or in  title II  of this  Act shall  be
construed as authorizing any such State to prohibit or limit, directly
or indirectly, the manufacture or sale of a new motor vehicle or motor
vehicle  engine that is certified  in California as meeting California
standards, or to  take any action of  any kind to create,  or have the
effect  of creating, a motor vehicle or motor vehicle engine different
than  a  motor  vehicle  or  engine  certified  in  California   under
California standards  (a `third vehicle')  or otherwise create  such a
`third vehicle'." 
SEC. 233. STATES AUTHORITY TO REGULATE. 
    (a)  Study.-The  Administrator  of  the  Environmental  Protection
Agency and the  Secretary of Transportation, in consultation  with the
Secretary  of Defense, shall commence a study and investigation of the
testing of  uninstalled aircraft engines  in enclosed test  cells that
shall address at a minimum the following issues  and such other issues
as they shall deem appropriate- 
       (1) whether technologies exist to control some or all emissions
    of oxides of nitrogen from test cells; 
       (2) the effectiveness of such technologies; 
       (3) the cost of implementing such technologies; 
       (4)  whether  such  technologies  affect  the  safety,  design,
    structure, operation, or performance of aircraft engines; 
       (5) whether  such  technologies impair  the  effectiveness  and
    accuracy of aircraft  engine safety design, and  performance tests
    conducted in test cells; and 
       (6)  the impact of not  controlling such oxides  of nitrogen in
    the   applicable  nonattainment  areas   and  on   other  sources,
    stationary and mobile, on oxides of nitrogen in such areas. 
    (b)  Report, Authority To Regulate.-Not later than 24 months after
enactment of the Clean  Air Act Amendments of 1990,  the Administrator
of  the   Environmental  Protection   Agency  and  the   Secretary  of
Transportation  shall  submit  to  Congress  a  report  of  the  study
conducted under this section. Following the completion  of such study,
any  of the States may adopt or  enforce any standard for emissions of
oxides of nitrogen from test cells only after issuing a 
public notice stating  whether such standards  are in accordance  with
the findings of the study. 
SEC. 234. FUGITIVE DUST. 
    (a) Prior to any use of the Industrial  Source Complex (ISC) Model
using  AP0942  Compilation  of   Air  Pollutant  Emission  Factors  to
determine the effect on air quality of  fugitive particulate emissions
from surface  coal mines,  for purposes of  new source  review or  for
purposes of demonstrating compliance with national ambient air quality
standards  for particulate matter applicable to periods of 24 hours or
less, under section 110  or parts C or D  of title I of the  Clean Air
Act,  the Administrator shall analyze  the accuracy of  such model and
emission factors and make  revisions as may be necessary  to eliminate
any  significant over-prediction  of  air quality  effect of  fugitive
particulate  emissions  from such  sources.  Such  revisions shall  be
completed not  later than 3 years  after the date of  enactment of the
Clean Air Act Amendments of 1990. Until such time as the Administrator
develops a  revised model  for surface  mine  fugitive emissions,  the
State may use alternative empirical based modeling approaches pursuant
to guidelines issued by the Administrator.". 
SEC. 235. FEDERAL COMPLIANCE. 
    Section 118 of the Clean Air Act is  amended by inserting "General
    Compliance.-"  after "Sec.  118.  (a)" and  by  adding at  the end
    thereof the following: 
    "(c)    Government   Vehicles.-Each    department,   agency,   and
instrumentality of executive,  legislative, and  judicial branches  of
the Federal  Government shall comply with all applicable provisions of
a  valid  inspection and  maintenance  program  established under  the
provisions of subpart 2  of part D or subpart  3 of part D  except for
such vehicles that are considered military tactical vehicles. 
    "(d)  Vehicles Operated on Federal Installations.-Each department,
agency,  and instrumentality  of executive, legislative,  and judicial
branches  of  the  Federal  Government having  jurisdiction  over  any
property or facility shall require  all employees which operate  motor
vehicles  on the property or  facility to furnish  proof of compliance
with  the  applicable  requirements  of  any  vehicle  inspection  and
maintenance program established  under the provisions of  subpart 2 of
part D or subpart 3 of part D for  the State in which such property or
facility  is located  (without  regard to  whether  such vehicles  are
registered  in the  State).  The installation  shall  use one  of  the
following methods to establish proof of compliance- 
       "(1) presentation by  the vehicle owner of  a valid certificate
    of  compliance  from   the  vehicle  inspection  and   maintenance
    program; 
       "(2) presentation  by the  vehicle  owner of  proof of  vehicle
    registration within  the geographic  area covered  by the  vehicle
    inspection and maintenance  program (except for any  program whose
    enforcement  mechanism  is  not  through  the  denial  of  vehicle
    registration); 
       "(3)  another method  approved  by the  vehicle inspection  and
    maintenance program administrator.". 
 
                  TITLE III-HAZARDOUS AIR POLLUTANTS 
 
Sec. 301.   Hazardous Air Pollutants. 
Sec. 302.   Conforming Amendment. 
Sec. 303.   Risk Assessment and Management Commission. 
Sec. 304.   Chemical Process Safety Management. 
Sec. 305.   Solid Waste Combustion. 
Sec. 306.   Ash Management and Disposal. 
SEC. 301.   HAZARDOUS AIR POLLUTANTS. 
    Section 112 of the Clean Air Act is amended to read as follows: 
"SEC. 112. HAZARDOUS AIR POLLUTANTS. 
    "(a) Definitions.-For purposes  of this section, except subsection
(r)-   
       "(1) Major source.-The term `major source' means any stationary
    source or group of stationary sources located within a  contiguous
    area and under common control  that emits or has the potential  to
    emit considering controls, in the  aggregate, 10 tons per  year or
    more of any  hazardous air pollutant or  25 tons per year  or more
    of   any  combination   of   hazardous   air  pollutants.      The
    Administrator may establish a lesser  quantity, or in the  case of
    radionuclides different  criteria, for  a major  source than  that
    specified in  the previous sentence, on  the basis  of the potency
    of the air pollutant, persistence,  potential for bioaccumulation,
    other  characteristics of  the air  pollutant,  or other  relevant
    factors.   
       "(2) Area  source.-The term `area source'  means any stationary
    source  of hazardous  air pollutants that  is not  a major source.
    For  purposes of  this section, the  term `area  source' shall not
    include motor vehicles  or nonroad vehicles subject  to regulation
    under title II.   
       "(3) Stationary source.-The term `stationary source' shall have
    the same meaning as such term has under section 111(a).   
       "(4)  New  source.-The term  `new  source'  means a  stationary
    source the  construction or reconstruction  of which is  commenced
    after  the Administrator  first  proposes regulations  under  this
    section  establishing  an  emission  standard  applicable to  such
    source.   
       "(5) Modification.-The  term `modification' means  any physical
    change  in, or  change  in the  method of  operation  of, a  major
    source  which increases the actual emissions  of any hazardous air
    pollutant emitted by such  source by more than a de minimis amount
    or which  results in the emission  of any  hazardous air pollutant
    not previously emitted by more than a de minimis amount.   
       "(6)   Hazardous  air   pollutant.-The   term  `hazardous   air
    pollutant' means any  air pollutant listed pursuant  to subsection
    (b).   
       "(7)   Adverse   environmental   effect.-The    term   `adverse
    environmental  effect'   means  any   significant  and  widespread
    adverse effect, which may reasonably be  anticipated, to wildlife,
    aquatic  life,  or  other  natural  resources,  including  adverse
    impacts  on populations  of endangered  or  threatened species  or
    significant  degradation  of   environmental  quality  over  broad
    areas.   
       "(8) Electric utility steam generating unit.-The term `electric
    utility  steam  generating  unit'  means  any  fossil  fuel  fired
    combustion unit of  more than 25 megawatts that serves a generator
    that  produces  electricity for  sale.   A  unit  that cogenerates
    steam  and electricity  and supplies  more than  one-third of  its
    potential  electric output  capacity and  more  than 25  megawatts
    electrical output  to any  utility power  distribution system  for
    sale  shall be  considered an  electric  utility steam  generating
    unit.   
       "(9) Owner or operator.-The term `owner  or operator' means any
    person  who owns,  leases,  operates,  controls, or  supervises  a
    stationary source.   
       "(10)  Existing source.-The  term `existing  source' means  any
    stationary source other than a new source.   
       "(11)   Carcinogenic   effect.-Unless    revised,   the    term
    `carcinogenic  effect' shall  have  the  meaning provided  by  the
    Administrator under  Guidelines for  Carcinogenic Risk  Assessment
    as of  the  date of  enactment.   Any  revisions in  the  existing
    Guidelines  shall  be  subject  to  notice   and  opportunity  for
    comment. 
    "(b) List of Pollutants.- 
       "(1)  Initial  list.-The Congress  establishes for  purposes of
    this section a list of hazardous air pollutants as follows: 

CAS number                    Chemical name
            75070             Acetaldehyde 
            60355             Acetamide 
            75058             Acetonitrile 
            98862             Acetophenone 
            53963             2-Acetylaminofluorene 
            107028            Acrolein 
            79061             Acrylamide 
            79107             Acrylic acid 
            107131            Acrylonitrile 
            107051            Allyl chloride 
            92671             4-Aminobiphenyl 
            62533             Aniline 
            90040             o-Anisidine 
            1332214           Asbestos 
            71432             Benzene (including benzene from gasoline) 
            92875             Benzidine 
            98077             Benzotrichloride 
            100447            Benzyl chloride 
            92524             Biphenyl 
            117817            Bis(2-ethylhexyl)phthalate (DEHP) 
            542881            Bis(chloromethyl)ether 
            75252             Bromoform 
            106990            1,3-Butadiene 
            156627            Calcium cyanamide 
            105602            Caprolactam 
            133062            Captan 
            63252             Carbaryl 
            75150             Carbon disulfide 
            56235             Carbon tetrachloride 
            463581            Carbonyl sulfide 
            120809            Catechol 
            133904            Chloramben 
            57749             Chlordane 
            7782505           Chlorine 
            79118             Chloroacetic acid 
            532274            2-Chloroacetophenone 
            108907            Chlorobenzene 
            510156            Chlorobenzilate 
            67663             Chloroform 
            107302            Chloromethyl methyl ether 
            126998            Chloroprene 
            1319773           Cresols/Cresylic acid (isomers and mixture) 
            95487             o-Cresol 
            108394            m-Cresol 
            106445            p-Cresol 
            98828             Cumene 
            94757             2,4-D, salts and esters 
            3547044           DDE 
            334883            Diazomethane 
            132649            Dibenzofurans 
            96128             1,2-Dibromo-3-chloropropane 
            84742             Dibutylphthalate 
            106467            1,4-Dichlorobenzene(p) 
            91941             3,3-Dichlorobenzidene 
            111444            Dichloroethyl ether (Bis(2-chloroethyl)ether) 
            542756            1,3-Dichloropropene 
            62737             Dichlorvos 
            111422            Diethanolamine 
            121697            N,N-Diethyl aniline (N,N-Dimethylaniline) 
            64675             Diethyl sulfate 
            119904            3,3-Dimethoxybenzidine 
            60117             Dimethyl aminoazobenzene 
            119937            3,3-Dimethyl benzidine 
            79447             Dimethyl carbamoyl chloride 
            68122             Dimethyl formamide 
            57147             1,1-Dimethyl hydrazine 
            131113            Dimethyl phthalate 
            77781             Dimethyl sulfate 
            534521            4,6-Dinitro-o-cresol, and salts 
            51285             2,4-Dinitrophenol 
            121142            2,4-Dinitrotoluene 
            123911            1,4-Dioxane (1,4-Diethyleneoxide) 
            122667            1,2-Diphenylhydrazine 
            106898            Epichlorohydrin (l-Chloro-2,3-epoxypropane) 
            106887            1,2-Epoxybutane 
            140885            Ethyl acrylate 
            100414            Ethyl benzene 
            51796             Ethyl carbamate (Urethane) 
            75003             Ethyl chloride (Chloroethane) 
            106934            Ethylene dibromide (Dibromoethane) 
            107062            Ethylene dichloride (1,2-Dichloroethane) 
            107211            Ethylene glycol 
            151564            Ethylene imine (Aziridine) 
            75218             Ethylene oxide  
            96457             Ethylene thiourea 
            75343             Ethylidene dichloride (1,1-Dichloroethane) 
            50000             Formaldehyde 
            76448             Heptachlor 
            118741            Hexachlorobenzene 
            87683             Hexachlorobutadiene 
            77474             Hexachlorocyclopentadiene 
            67721             Hexachloroethane 
            822060            Hexamethylene-1,6-diisocyanate 
            680319            Hexamethylphosphoramide 
            110543            Hexane 
            302012            Hydrazine 
            7647010           Hydrochloric acid 
            7664393           Hydrogen fluoride (Hydrofluoric acid) 
            7783064           Hydrogen sulfide 
            123319            Hydroquinone 
            78591             Isophorone 
            58899             Lindane (all isomers) 
            108316            Maleic anhydride 
            67561             Methanol 
            72435             Methoxychlor 
            74839             Methyl bromide (Bromomethane) 
            74873             Methyl chloride (Chloromethane) 
            71556             Methyl chloroform (1,1,1-Trichloroethane) 
            78933             Methyl ethyl ketone (2-Butanone) 
            60344             Methyl hydrazine 
            74884             Methyl iodide (Iodomethane) 
            108101            Methyl isobutyl ketone (Hexone) 
            624839            Methyl isocyanate 
            80626             Methyl methacrylate 
            1634044           Methyl tert butyl ether 
            101144            4,4-Methylene bis(2-chloroaniline) 
            75092             Methylene chloride (Dichloromethane) 
            101688            Methylene diphenyl diisocyanate (MDI) 
            101779            4,4-Methylenedianiline 
            91203             Naphthalene 
            98953             Nitrobenzene 
            92933             4-Nitrobiphenyl 
            100027            4-Nitrophenol 
            79469             2-Nitropropane 
            684935            N-Nitroso-N-methylurea 
            62759             N-Nitrosodimethylamine 
            59892             N-Nitrosomorpholine 
            56382             Parathion 
            82688             Pentachloronitrobenzene (Quintobenzene) 
            87865             Pentachlorophenol 
            108952            Phenol 
            106503            p-Phenylenediamine 
            75445             Phosgene 
            7803512           Phosphine 
            7723140           Phosphorus 
            85449             Phthalic anhydride  
            1336363           Polychlorinated biphenyls (Aroclors)  
            1120714           1,3-Propane sultone  
            57578             beta-Propiolactone  
            123386            Propionaldehyde  
            114261            Propoxur (Baygon)  
            78875             Propylene dichloride (1,2-Dichloropropane)  
            75569             Propylene oxide  
            75558             1,2-Propylenimine (2-Methyl aziridine)  
            91225             Quinoline  
            106514            Quinone  
            100425            Styrene  
            96093             Styrene oxide  
            1746016           2,3,7,8-Tetrachlorodibenzo-p-dioxin  
            79345             1,1,2,2-Tetrachloroethane  
            127184            Tetrachloroethylene (Perchloroethylene)  
            7550450           Titanium tetrachloride  
            108883            Toluene  
            95807             2,4-Toluene diamine  
            584849            2,4-Toluene diisocyanate  
            95534             o-Toluidine  
            8001352           Toxaphene (chlorinated camphene)  
            120821            1,2,4-Trichlorobenzene  
            79005             1,1,2-Trichloroethane  
            79016             Trichloroethylene  
            95954             2,4,5-Trichlorophenol  
            88062             2,4,6-Trichlorophenol  
            121448            Triethylamine  
            1582098           Trifluralin  
            540841            2,2,4-Trimethylpentane  
            108054            Vinyl acetate  
            593602            Vinyl bromide  
            75014             Vinyl chloride  
            75354             Vinylidene chloride (1,1-Dichloroethylene)  
            1330207           Xylenes (isomers and mixture)  
            95476             o-Xylenes  
            108383            m-Xylenes  
            106423            p-Xylenes  
            0                 Antimony Compounds  
            0                 Arsenic Compounds (inorganic including arsine)  
            0                 Beryllium Compounds  
            0                 Cadmium Compounds  
            0                 Chromium Compounds  
            0                 Cobalt Compounds  
            0                 Coke Oven Emissions  
            0                 Cyanide Compounds *1  
            0                 Glycol ethers *2  
            0                 Lead Compounds  
            0                 Manganese Compounds  
            0                 Mercury Compounds  
            0                 Fine mineral fibers *3  
            0                 Nickel Compounds  
            0                 Polycylic Organic Matter *4  
            0                 Radionuclides (including radon) *5  
            0                 Selenium Compounds 
 
    NOTE: For  all listings  above which contain  the word "compounds"
and  for  glycol  ethers,  the  following  applies:  Unless  otherwise
specified, these listings are defined as including any unique chemical
substance that  contains the named chemical  (i.e., antimony, arsenic,
etc.) as part of that chemical's infrastructure.  
    *1    X'CN  where  X  = H'  or  any  other  group  where a  formal
dissociation may occur. For example KCN or Ca(CN)2 
    *2  Includes mono- and  di- ethers of ethylene  glycol, diethylene
glycol, and triethylene glycol R-(OCH2CH2)n-OR' where  
          n = 1, 2, or 3  
          R = alkyl or aryl groups  
          R' =  R,  H, or  groups which,  when removed,  yield  glycol
          ethers  with the  structure:  R-(OCH2CH)n-OH.  Polymers  are
          excluded from the glycol category. 
    *3      Includes   mineral   fiber   emissions   from   facilities
manufacturing  or processing  glass, rock,  or  slag fibers  (or other
mineral derived fibers) of average diameter 1 micrometer or less. 
    *4   Includes organic compounds with  more than  one benzene ring,
and which have a boiling point greater than or equal to 100-C.  
    *5   A  type  of  atom which  spontaneously  undergoes radioactive
decay.  
       "(2) Revision of the list.-The Administrator shall periodically
    review  the list  established by  this subsection and  publish the
    results  thereof and, where appropriate, revise such list by rule,
    adding  pollutants   which  present,   or  may   present,  through
    inhalation or other  routes of exposure, a threat of adverse human
    health effects  (including, but not  limited to, substances  which
    are  known  to  be,  or  may  reasonably  be  anticipated  to  be,
    carcinogenic,  mutagenic,  teratogenic,  neurotoxic,  which  cause
    reproductive  dysfunction,  or which  are  acutely or  chronically
    toxic) or  adverse environmental effects  whether through  ambient
    concentrations,  bioaccumulation,  deposition, or  otherwise,  but
    not including releases subject to regulation  under subsection (r)
    as a result  of emissions to the air.   No air pollutant  which is
    listed under section 108(a)  may be added to  the list under  this
    section, except  that the prohibition  of this sentence shall  not
    apply  to any  pollutant  which  independently meets  the  listing
    criteria  of this  paragraph  and is  a  precursor to  a pollutant
    which is  listed under section 108(a) or to any pollutant which is
    in  a  class   of  pollutants  listed  under  such  section.    No
    substance, practice, process or activity regulated  under title VI
    of this  Act shall  be subject  to regulation  under this  section
    solely due to its adverse effects on the environment. 
       "(3) Petitions to modify the list.-
          "(A) Beginning at any time after 6 months  after the date of
       enactment of the Clean  Air Act Amendments of 1990,  any person
       may  petition the Administrator to modify the list of hazardous
       air pollutants under  this subsection by  adding or deleting  a
       substance or, in case of  listed pollutants without CAS numbers
       (other than coke oven  emissions, mineral fibers, or polycyclic
       organic matter) removing certain  unique substances.  Within 18
       months  after receipt  of a  petition, the  Administrator shall
       either  grant or  deny  the petition  by  publishing a  written
       explanation  of the  reasons for the  Administrator's decision.
       Any such  petition shall include  a showing  by the  petitioner
       that  there is  adequate  data on  the health  or environmental
       defects of the  pollutant or other evidence adequate to support
       the petition.  The Administrator may not deny a petition solely
       on the basis of inadequate resources or time for review.   
          "(B)  The Administrator  shall add a  substance to  the list
       upon  a showing by the petitioner or on the Administrator's own
       determination that the  substance is an air  pollutant and that
       emissions,    ambient   concentrations,    bioaccumulation   or
       deposition  of  the  substance  are  known  to  cause   or  may
       reasonably  be anticipated  to cause  adverse effects  to human
       health or adverse environmental effects.   
          "(C)  The Administrator  shall delete  a substance  from the
       list upon a showing by the petitioner or on the Administrator's
       own determination that there is adequate data on the health and
       environmental  effects  of  the  substance  to  determine  that
       emissions,    ambient   concentrations,    bioaccumulation   or
       deposition of  the substance may not  reasonably be anticipated
       to cause any  adverse effects  to the human  health or  adverse
       environmental effects.   
          "(D)  The  Administrator shall  delete  one  or  more unique
       chemical  substances  that  contain  a   listed  hazardous  air
       pollutant  not  having  a  CAS  number  (other than  coke  oven
       emissions, mineral fibers, or polycyclic organic matter) upon a
       showing  by  the  petitioner  or  on  the  Administrator's  own
       determination that such unique chemical substances that contain
       the named chemical of such listed  hazardous air pollutant meet
       the   deletion   requirements  of   subparagraph   (C).     The
       Administrator must grant  or deny a deletion petition  prior to
       promulgating any  emission standards pursuant to subsection (d)
       applicable to  any source category  or subcategory of  a listed
       hazardous  air  pollutant without  a  CAS  number listed  under
       subsection  (b) for  which a deletion  petition has  been filed
       within 12 months of the date  of enactment of the Clean Air Act
       Amendments of 1990.   
       "(4)  Further information.-If the Administrator determines that
    information  on the health or environmental effects of a substance
    is  not  sufficient  to  make  a  determination  required  by this
    subsection, the Administrator  may use any authority  available to
    the Administrator to acquire such information.   
       "(5) Test  methods.-The Administrator  may establish,  by rule,
    test measures and other analytic procedures for monitoring 
    and measuring emissions, ambient  concentrations, deposition,  and
    bioaccumulation of hazardous air pollutants.   
       "(6) Prevention of significant deterioration.-The provisions of
    part C (prevention  of significant deterioration) shall  not apply
    to pollutants listed under this section.   
       "(7) Lead.-The Administrator may not  list elemental lead as  a
    hazardous air pollutant under this subsection. 
    "(c) List of Source Categories.- 
       "(1) In general.-Not  later than  12 months after  the date  of
    enactment   of  the   Clean  Air  Act   Amendments  of  1990,  the
    Administrator shall publish, and shall  from time to time,  but no
    less  often  than  every  8  years,  revise,  if  appropriate,  in
    response  to public  comment  or new  information,  a list  of all
    categories and  subcategories of  major sources  and area  sources
    (listed  under  paragraph  (3))  of  the   air  pollutants  listed
    pursuant to  subsection  (b).    To the  extent  practicable,  the
    categories  and subcategories listed  under this  subsection shall
    be  consistent with  the  list  of source  categories  established
    pursuant to  section 111 and  part C.   Nothing  in the  preceding
    sentence  limits   the  Administrator's  authority  to   establish
    subcategories under this section, as appropriate.   
       "(2)  Requirement for  emissions standards.-For  the categories
    and  subcategories  the  Administrator  lists,  the  Administrator
    shall  establish   emissions  standards   under  subsection   (d),
    according to the  schedule in this subsection and subsection (e). 

       "(3) Area  sources.-The  Administrator shall  list  under  this
    subsection each category or subcategory of area sources  which the
    Administrator  finds presents a threat of adverse effects to human
    health or the  environment (by such sources individually or in the
    aggregate)  warranting  regulation  under   this  section.     The
    Administrator shall,  not later  than 5  years after  the date  of
    enactment of the Clean Air Act Amendments of 1990 and  pursuant to
    subsection  (k)(3)(B),   list,  based   on  actual   or  estimated
    aggregate  emissions   of  a   listed  pollutant  or   pollutants,
    sufficient categories or  subcategories of area sources  to ensure
    that  area  sources representing  90  percent of  the area  source
    emissions  of the  30  hazardous air  pollutants that  present the
    greatest threat  to public health in  the largest  number of urban
    areas  are  subject   to  regulation  under  this   section.  Such
    regulations shall  be promulgated  not later than  10 years  after
    such date of enactment.   
       "(4) Previously regulated categories.-The Administrator may, in
    the Administrator's discretion,  list any category or  subcategory
    of sources  previously regulated under  this section as in  effect
    before the  date of enactment of  the Clean Air  Act Amendments of
    1990.   
       "(5) Additional categories.-In addition to those categories and
    subcategories  of  sources  listed  for   regulation  pursuant  to
    paragraphs  (1) and  (3), the Administrator  may at  any time list
    additional categories  and subcategories  of sources of  hazardous
    air  pollutants  according  to  the  same   criteria  for  listing
    applicable  under  such  paragraphs.     In  the  case  of  source
    categories and  subcategories  listed  after  publication  of  the
    initial  list  required  under  paragraph  (1)  or  (3),  emission
    standards under subsection 
    (d)  for the  category or subcategory  shall be promulgated within
    10  years  after the  date  of  enactment  of  the Clean  Air  Act
    Amendments  of 1990,  or within 2  years after  the date  on which
    such category or subcategory is listed, whichever is later.   
       "(6)  Specific  pollutants.-With   respect  to  alkylated  lead
    compounds, polycyclic organic matter, hexachlorobenzene,  mercury,
    polychlorinated  biphenyls,  2,3,7,8-tetrachlorodibenzofurans  and
    2,3,7,8-tetrachlorodibenzo-p-dioxin, the Administrator  shall, not
    later than 5  years after the date  of enactment of the  Clean Air
    Act  Amendments of  1990,  list  categories and  subcategories  of
    sources assuring that  sources accounting for not less than 90 per
    centum of  the aggregate  emissions  of  each such  pollutant  are
    subject  to standards  under subsection  (d)(2) or  (d)(4).   Such
    standards shall be  promulgated not later than 10 years after such
    date  of enactment.    This paragraph  shall  not be  construed to
    require  the  Administrator  to  promulgate   standards  for  such
    pollutants emitted by electric utility  steam generating units.   

       "(7) Research facilities.-The  Administrator shall establish  a
    separate category  covering research or  laboratory facilities, as
    necessary to  assure the equitable  treatment of such  facilities.
    For purposes  of this section,  `research or laboratory  facility'
    means any  stationary source whose  primary purpose is to  conduct
    research and  development into new  processes and products,  where
    such  source   is  operated   under  the   close  supervision   of
    technically  trained   personnel  and  is   not  engaged  in   the
    manufacture of  products for commercial  sale in commerce,  except
    in a de minimis manner.   
       "(8) Boat manufacturing.-When establishing  emissions standards
    for styrene, the  Administrator shall list boat manufacturing as a
    separate  subcategory unless  the  Administrator  finds that  such
    listing would be  inconsistent with the goals and  requirements of
    this Act.   
       "(9) Deletions from the list.- 
          "(A) Where  the sole  reason for the inclusion  of a  source
       category  on the  list required  under this  subsection  is the
       emission  of a  unique  chemical  substance, the  Administrator
       shall  delete  the  source category  from  the  list  if it  is
       appropriate because of action taken  under either subparagraphs
       (C) or (D) of subsection (b)(3).
            "(B)  The  Administrator  may delete  any  source category
       from  the list under this subsection, on petition of any person
       or   on   the   Administrator's   own   motion,   whenever  the
       Administrator    makes    the   following    determination   or
       determinations, as applicable:  
            "(i)  In the  case of hazardous  air pollutants emitted by
          sources in the category that may result in cancer in humans,
          a determination that no source in the category (or group  of
          sources in  the case of  area sources) emits such  hazardous
          air pollutants in quantities which may cause a lifetime risk
          of cancer greater than one in one million to the  individual
          in the population  who is most exposed to emissions  of such
          pollutants from the source (or group of sources in the  case
          of area sources).  
            "(ii)  In the  case of  hazardous air  pollutants that may
          result in adverse health effects in humans other than cancer
          or  adverse  environmental  effects,  a  determination  that
          emissions  from no  source  in the  category  or subcategory
          concerned (or group of sources in the case of area  sources)
          exceed a level which  is adequate  to protect public  health
          with an ample margin of safety and no  adverse environmental
          effect will result from emissions from any source (or from a
          group of sources in the case of area sources). 
       The Administrator shall  grant or  deny a  petition under  this
       paragraph within 1 year after the petition is filed.   
    "(d) Emission standards.- 
       "(1) In general.-The Administrator shall promulgate regulations
    establishing emission standards  for each category or  subcategory
    of major  sources  and area  sources of  hazardous air  pollutants
    listed for  regulation pursuant  to subsection  (c) in  accordance
    with  the schedules  provided  in subsections  (c)  and (e).   The
    Administrator may distinguish  among classes, types, and  sizes of
    sources  within a  category or  subcategory  in establishing  such
    standards except that, there shall  be no delay in  the compliance
    date  for any standard applicable  to any  source under subsection
    (i) as the result of the authority provided by this sentence.   
       "(2)  Standards  and  methods.-Emissions standards  promulgated
    under this  subsection and  applicable to new  or existing sources
    of hazardous air pollutants  shall require  the maximum degree  of
    reduction in emissions of  the hazardous air pollutants subject to
    this section  (including a  prohibition on  such emissions,  where
    achievable) that the Administrator, taking  into consideration the
    cost  of  achieving  such  emission  reduction,  and  any  non-air
    quality health and environmental impacts  and energy requirements,
    determines  is  achievable  for new  or  existing  sources  in the
    category or subcategory  to which such emission  standard applies,
    through application  of measures, processes,  methods, systems  or
    techniques including, but not limited to, measures which- 
          "(A) reduce the  volume of, or eliminate emissions  of, such
       pollutants  through process changes,  substitution of materials
       or other modifications,   "(B)  enclose systems or processes to
       eliminate emissions,   
          "(C) collect, capture or treat such pollutants when released
       from a process, stack, storage or fugitive emissions point,   
          "(D)  are design, equipment,  work practice,  or operational
       standards  (including  requirements  for  operator  training or
       certification) as provided in subsection (h), or   
          "(E) are a combination of the above. 
None of the measures described in subparagraphs (A) through (D) shall,
consistent  with  the  provisions  of  section   114(c),  in  any  way
compromise any United States patent or United States  trademark right,
or any confidential business  information, or any trade secret  or any
other intellectual property right.   
       "(3) New and existing  sources.-The maximum degree of reduction
    in emissions  that  is deemed  achievable  for  new sources  in  a
    category or  subcategory shall  not  be  less stringent  than  the
    emission  control  that  is  achieved  in  practice  by  the  best
    controlled  similar source,  as determined  by  the Administrator.
    Emission standards promulgated under this subsection for  existing
    sources in  a category or subcategory  may be  less stringent than
    standards for new  sources in the same category or subcategory but
    shall not be less stringent, and may be more stringent than-   
          "(A) the  average emission  limitation achieved  by the best
       performing 12  percent of the  existing sources (for  which the
       Administrator  has  emissions  information),   excluding  those
       sources  that  have,  within  18  months  before  the  emission
       standard is proposed  or within 30 months  before such standard
       is promulgated, whichever is later,  first achieved a level  of
       emission rate  or emission  reduction which complies,  or would
       comply if the source is not subject to such  standard, with the
       lowest  achievable emission  rate (as  defined by  section 171)
       applicable to the source  category and prevailing at  the time,
       in the category or subcategory for categories and subcategories
       with 30 or more sources, or   
          "(B) the  average emission  limitation achieved  by the best
       performing 5 sources (for which  the Administrator has or could
       reasonably obtain  emissions  information) in  the category  or
       subcategory for categories or  subcategories with fewer than 30
       sources.   
       "(4) Health  threshold.-With respect to pollutants  for which a
    health  threshold  has been  established,  the  Administrator  may
    consider  such threshold  level, with  an ample  margin of safety,
    when establishing emission standards under this subsection.    
       "(5) Alternative standard  for area sources.-With  respect only
    to categories  and subcategories of  area sources listed  pursuant
    to  subsection  (c),  the  Administrator  may,  in  lieu  of   the
    authorities provided  in paragraph (2)  and subsection (f),  elect
    to promulgate standards  or requirements applicable to  sources in
    such  categories or  subcategories which  provide for  the use  of
    generally available control technologies  or management  practices
    by such sources  to reduce emissions of hazardous air pollutants. 

       "(6) Review and revision.-The  Administrator shall review,  and
    revise  as   necessary  (taking   into  account   developments  in
    practices,   processes,   and  control   technologies),   emission
    standards promulgated  under this section no less often than every
    8 years. 
       "(7)  Other  requirements  preserved.-No  emission  standard or
    other   requirement  promulgated  under   this  section  shall  be
    interpreted,  construed or  applied  to  diminish or  replace  the
    requirements  of a  more stringent  emission  limitation or  other
    applicable requirement established  pursuant to section 111,  part
    C or D, or other authority of this Act or a standard issued  under
    State authority. 
       "(8) Coke Ovens.-   
          "(A)  Not later  than December  31, 1992,  the Administrator
       shall  promulgate  regulations establishing  emission standards
       under paragraphs (2) and  (3) of this subsection for  coke oven
       batteries.  In establishing  such standards,  the Administrator
       shall evaluate- 
            "(i) the  use of  sodium silicate  (or equivalent)  luting
          compounds  to  prevent   door  leaks,  and  other  operating
          practices  and  technologies   for  their  effectiveness  in
          reducing coke oven  emissions, and their suitability for use
          on new and existing coke oven batteries, taking into account
          costs and reasonable commercial door warranties; and  
            "(ii)  as  a  basis  for  emission  standards  under  this
          subsection   for  new   coke  oven   batteries   that  begin
          construction after  the date of  proposal of such standards,
          the Jewell design Thompson non-recovery coke  oven batteries
          and  other non-recovery  coke  oven technologies,  and other
          appropriate   emission   control    and   coke    production
          technologies, as  to their  effectiveness  in reducing  coke
          oven emissions and  their capability for production of steel
          quality coke.  
    Such  regulations  shall  require  at  a  minimum  that  coke oven
    batteries will  not  exceed 8  per  centum  leaking doors,  1  per
    centum  leaking  lids,  5 per  centum  leaking  offtakes,  and  16
    seconds  visible  emissions  per charge,  with  no  exclusion  for
    emissions  during the  period after  the  closing of  self-sealing
    oven doors.   Notwithstanding subsection (i), the  compliance date
    for  such emission  standards  for  existing coke  oven  batteries
    shall be December 31, 1995.
          "(B)  The  Administrator   shall  promulgate  work  practice
       regulations  under  this  subsection for  coke  oven  batteries
       requiring, as appropriate-
            "(i) the  use of  sodium silicate  (or equivalent)  luting
          compounds,  if  the  Administrator  determines that  use  of
          sodium silicate  is an effective  means of emissions control
          and is achievable,  taking into account costs and reasonable
          commercial warranties for doors and related equipment; and 
            "(ii) door and jam cleaning practices.     Notwithstanding
          subsection (i),  the compliance date  for such work practice
          regulations for coke oven batteries shall be not later  than
          the date 3  years after the date  of enactment of  the Clean
          Air Act Amendments of 1990. 
          "(C)  For coke  oven batteries  electing to  qualify  for an
       extension  of the  compliance  date for  standards  promulgated
       under subsection (f) in  accordance with subsection (i)(8), the
       emission  standards  under   this  subsection  for   coke  oven
       batteries shall require that  coke oven batteries not  exceed 8
       per  centum leaking  doors, 1  per centum  leaking lids,  5 per
       centum leaking  offtakes, and 16 seconds  visible emissions per
       charge, with no exclusion for emissions during the period after
       the closing  of self-sealing doors.  Notwithstanding subsection
       (i),  the  compliance  date  for such  emission  standards  for
       existing coke oven batteries seeking an exten-
       sion shall be not later than the date 3 years after the date of
       enactment of the Clean Air Act Amendments of 1990.
       "(9)  Sources licensed by the nuclear regulatory commission.-No
    standard   for  radionuclide   emissions  from   any  category  or
    subcategory of  facilities  licensed  by  the  Nuclear  Regulatory
    Commission  (or an Agreement State)  is required to be promulgated
    under this section  if the Administrator determines,  by rule, and
    after consultation with  the Nuclear  Regulatory Commission,  that
    the  regulatory  program established  by  the  Nuclear  Regulatory
    Commission pursuant to  the Atomic Energy Act for such category or
    subcategory  provides an  ample  margin of  safety to  protect the
    public health.   Nothing in this subsection shall preclude or deny
    the right of any State  or political subdivision thereof  to adopt
    or  enforce any  standard or  limitation  respecting emissions  of
    radionuclides  which  is  more  stringent  than  the  standard  or
    limitation in effect under section 111 or this section.
       "(10) Effective  date.-Emission standards or  other regulations
    promulgated   under  this  subsection   shall  be  effective  upon
    promulgation.
    "(e) Schedule for standards and review.-
       "(1) In general.-The Administrator shall promulgate regulations
    establishing emission standards for  categories and  subcategories
    of sources initially listed for regulation  pursuant to subsection
    (c)(1) as expeditiously as practicable, assuring that-
          "(A) emission standards for not less than 40  categories and
       subcategories  (not counting  coke  oven  batteries)  shall  be
       promulgated  not later than 2 years after the date of enactment
       of the Clean Air Act Amendments of 1990;
          "(B)  emission standards  for coke  oven batteries  shall be
       promulgated not later than December 31, 1992;
          "(C)  emission standards  for  25 per  centum of  the listed
       categories and  subcategories shall  be promulgated  not  later
       than 4 years after the  date of enactment of the Clean  Air Act
       Amendments of 1990;
          "(D) emission standards  for an additional 25 per  centum of
       the listed  categories and subcategories  shall be  promulgated
       not later than 7 years after the date of enactment of the Clean
       Air Act Amendments of 1990; and
          "(E) emission standards for all categories and subcategories
       shall be promulgated not later than 10 years after the date  of
       enactment of the Clean Air Act Amendments of 1990.
       "(2) In determining priorities for promulgating standards under
    subsection (d), the Administrator shall consider-
          "(A)  the  known  or  anticipated  adverse  effects  of such
       pollutants on public health and the environment;
          "(B) the  quantity and  location of  emissions or reasonably
       anticipated  emissions of  hazardous  air pollutants  that each
       category or subcategory will emit; and
          "(C) the efficiency  of grouping categories or subcategories
       according  to  the  pollutants  emitted, or  the  processes  or
       technologies used.
       "(3)  Published schedule.-Not  later than  24 months  after the
    date  of enactment of  the Clean  Air Act  Amendments of  1990 and
    after opportunity for  comment, the Administrator shall  publish a
    schedule  establishing a  date for  the  promulgation of  emission
    standards  for each  category and  subcategory  of sources  listed
    pursuant to  subsection (c)(1)  and (3) which  shall be consistent
    with  the   requirements  of   paragraphs  (1)   and  (2).     The
    determination of  priorities  for  the promulgation  of  standards
    pursuant  to this paragraph is  not a rulemaking and  shall not be
    subject to  judicial review,  except that,  failure to  promulgate
    any  standard  pursuant  to  the  schedule   established  by  this
    paragraph  shall be  subject to review  under section  304 of this
    Act.
       "(4) Judicial review.-Notwithstanding section  307 of this Act,
    no action  of the  Administrator adding  a pollutant  to the  list
    under subsection (b)  or listing a source  category or subcategory
    under  subsection (c)  shall be a  final agency  action subject to
    judicial  review, except  that  any such  action may  be  reviewed
    under  such section  307 when  the  Administrator issues  emission
    standards for such pollutant or category.
       "(5)  Publicly owned  treatment works.-The  Administrator shall
    promulgate standards  pursuant  to  subsection (d)  applicable  to
    publicly owned  treatment works  (as defined  in title  II of  the
    Federal Water Pollution  Control Act) not later than 5 years after
    the date of enactment of the Clean Air Act Amendments of 1990.
    "(f) Standard To Protect Health and the Environment.-
       "(1) Report.-Not later than 6 years after the date of enactment
    of the  Clean Air Act Amendments  of 1990  the Administrator shall
    investigate  and  report,  after  consultation  with  the  Surgeon
    General and after opportunity for public comment, to Congress on-
          "(A)  methods  of  calculating  the  risk  to  public health
       remaining,  or  likely  to  remain,  from  sources  subject  to
       regulation  under  this  section   after  the  application   of
       standards under subsection (d);
          "(B)  the  public  health  significance  of  such  estimated
       remaining   risk  and  the   technologically  and  commercially
       available methods and costs of reducing such risks;
          "(C)  the  actual health  effects  with  respect  to persons
       living   in   the   vicinity   of    sources,   any   available
       epidemiological  or other  health  studies, risks  presented by
       background  concentrations  of  hazardous air  pollutants,  any
       uncertainties in  risk assessment  methodology or  other health
       assessment technique, and any negative health or  environmental
       consequences to  the community of efforts to reduce such risks;
       and
          "(D)   recommendations  as  to  legislation  regarding  such
       remaining risk.
       "(2) Emission standards.-
          "(A)  If  Congress   does  not  act  on  any  recommendation
       submitted under paragraph (1), the Administrator shall,  within
       8  years after promulgation  of standards for  each category or
       subcategory of sources  pursuant to subsection  (d), promulgate
       standards for such category or subcategory 
       if  promulgation  of such  standards  is required  in  order to
       provide an ample margin  of safety to protect public  health in
       accordance with this section  (as in effect before the  date of
       enactment  of the  Clean  Air Act  Amendments  of 1990)  or  to
       prevent, taking into consideration  costs, energy, safety,  and
       other  relevant  factors,  an  adverse   environmental  effect.
       Emission  standards promulgated  under  this  subsection  shall
       provide an ample margin  of safety to protect public  health in
       accordance with this section  (as in effect before the  date of
       enactment  of the Clean Air Act Amendments of 1990), unless the
       Administrator  determines  that a  more  stringent  standard is
       necessary to  prevent, taking into consideration costs, energy,
       safety,  and other relevant  factors, an  adverse environmental
       effect.   If standards  promulgated pursuant to  subsection (d)
       and applicable to a category or subcategory of sources emitting
       a pollutant (or pollutants) classified as a known, probable  or
       possible human carcinogen do  not reduce lifetime excess cancer
       risks to the individual most exposed to emissions from a source
       in the category or subcategory to less than one in one million,
       the  Administrator   shall  promulgate  standards   under  this
       subsection for such source category.
          "(B) Nothing in subparagraph  (A) or in any other  provision
       of this section shall be construed as affecting, or applying to
       the Administrator's  interpretation  of  this  section,  as  in
       effect  before the  date  of enactment  of  the Clean  Air  Act
       Amendments of 1990  and set  forth in the  Federal Register  of
       September 14, 1989 (54 Federal Register 38044).
          "(C)  The Administrator  shall determine  whether or  not to
       promulgate such standards and,  if the Administrator decides to
       promulgate  such standards,  shall promulgate  the  standards 8
       years after promulgation of  the standards under subsection (d)
       for each source category or subcategory concerned.  In the case
       of  categories  or  subcategories  for  which  standards  under
       subsection (d) are  required to be  promulgated within 2  years
       after  the date of enactment of the Clean Air Act Amendments of
       1990, the  Administrator shall have 9  years after promulgation
       of the standards under subsection (d) to make the determination
       under the  preceding sentence  and, if required,  to promulgate
       the standards under this paragraph. 
       "(3) Effective date.-Any emission standard established pursuant
    to this subsection shall become effective upon promulgation.
       "(4) Prohibition.-No  air pollutant  to which a  standard under
    this subsection  applies may be emitted from any stationary source
    in violation  of  such standard,  except that  in the  case of  an
    existing source-
          "(A) such standard  shall not apply until 90 days  after its
       effective date, and
          "(B) the  Administrator may  grant a  waiver permitting such
       source a period of up to  2 years after the effective date of a
       standard to comply with the standard if the Administrator finds
       that such period is necessary for the installa-
       tion of controls and that steps will be taken during the period
       of  the waiver  to assure  that the health  of persons  will be
       protected from imminent endangerment.
       "(5) Area  sources.-The Administrator shall not  be required to
    conduct any  review under this  subsection or promulgate  emission
    limitations under this subsection for any  category or subcategory
    of area sources that is  listed pursuant to subsection  (c)(3) and
    for  which  an  emission  standard  is   promulgated  pursuant  to
    subsection (d)(5).
       "(6)  Unique chemical substances.-In establishing standards for
    the control  of unique  chemical substances  of listed  pollutants
    without CAS  numbers  under  this  subsection,  the  Administrator
    shall  establish such  standards with  respect to  the  health and
    environmental  effects  of  the  substances  actually  emitted  by
    sources and direct transformation byproducts of  such emissions in
    the categories and subcategories.
    "(g) Modifications.-
       "(1) Offsets.-
          "(A)  A physical  change  in,  or change  in the  method  of
       operation of, a major source which results in a greater than de
       minimis  increase  in  actual  emissions  of  a  hazardous  air
       pollutant  shall  not be  considered  a  modification, if  such
       increase in the  quantity of actual emissions  of any hazardous
       air  pollutant from such  source will be offset  by an equal or
       greater  decrease  in  the  quantity of  emissions  of  another
       hazardous air pollutant (or  pollutants) from such source which
       is deemed  more hazardous, pursuant  to guidance issued  by the
       Administrator under subparagraph (B).  The owner or operator of
       such source shall submit a showing to the Administrator (or the
       State) that such  increase has been offset under  the preceding
       sentence.
          "(B) The Administrator  shall, after notice  and opportunity
       for  comment and not  later than  18 months  after the  date of
       enactment of  the  Clean Air  Act Amendments  of 1990,  publish
       guidance  with respect  to implementation  of  this subsection.
       Such guidance  shall include  an identification, to  the extent
       practicable, of  the relative hazard to  human health resulting
       from emissions to  the ambient  air of each  of the  pollutants
       listed under subsection (b) sufficient to facilitate the offset
       showing authorized  by subparagraph  (A).  Such  guidance shall
       not  authorize offsets between  pollutants where  the increased
       pollutant  (or  more  than  one   pollutant  in  a  stream   of
       pollutants) causes adverse effects to human health for which no
       safety threshold  for exposure  can be determined  unless there
       are corresponding decreases in such types of pollutant(s).
       "(2) Construction, reconstruction and modifications.-
          "(A) After  the effective  date of  a permit  program  under
       title V  in any State, no  person may modify a  major source of
       hazardous   air   pollutants   in  such   State,   unless   the
       Administrator  (or  the  State)  determines  that  the  maximum
       achievable  control technology  emission limitation  under this
       section for  existing sources will be met.   Such determination
       shall be made on a case-by-case basis where no ap-
       plicable  emissions  limitations have  been established  by the
       Administrator.
          "(B)  After  the effective  date of  a permit  program under
       title  V in any State,  no person may  construct or reconstruct
       any  major  source  of  hazardous air  pollutants,  unless  the
       Administrator  (or  the  State)  determines  that  the  maximum
       achievable  control technology  emission limitation  under this
       section  for new sources will be met.  Such determination shall
       be made  on a case-by-case  basis where no  applicable emission
       limitations have been established by the Administrator.
       "(3)  Procedures for  modifications.-The Administrator  (or the
    State)  shall establish  reasonable procedures  for  assuring that
    the requirements applying to modifications under  this section are
    reflected in the permit.
    "(h) Work Practice Standards and Other Requirements.-
       "(1) In general.-For  purposes of  this section, if  it is  not
    feasible in  the judgment  of the  Administrator  to prescribe  or
    enforce  an emission  standard  for  control of  a  hazardous  air
    pollutant or pollutants,  the Administrator may, in  lieu thereof,
    promulgate  a  design,  equipment, work  practice,  or operational
    standard,  or combination  thereof, which  in the  Administrator's
    judgment is consistent  with the provisions of  subsection (d)  or
    (f).   In  the  event the  Administrator  promulgates a  design or
    equipment standard  under this subsection, the Administrator 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.
       "(2) Definition.-For the purpose of this subsection, the phrase
    `not  feasible to prescribe or enforce an emission standard' means
    any situation in which the Administrator determines that-
          "(A)  a  hazardous air  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 and economic limitations.
       "(3) Alternative standard.-If after notice  and opportunity for
    comment, the  owner or operator of  any source  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  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.
       "(4)  Numerical  standard  required.-Any  standard  promulgated
    under paragraph (1) shall be  promulgated in terms of  an emission
    standard  whenever it  is  feasible to  promulgate and  enforce  a
    standard in such terms.
    "(i) Schedule for Compliance.- 
       "(1)  Preconstruction  and  operating  requirements.-After  the
    effective   date  of   any  emission   standard,  limitation,   or
    regulation  under  subsection  (d),  (f)  or  (h),  no  person may
    construct  any new major source or  reconstruct any existing major
    source   subject  to   such  emission   standard,   regulation  or
    limitation unless  the  Administrator (or  a State  with a  permit
    program approved under title  V) determines  that such source,  if
    properly  constructed,  reconstructed and  operated,  will  comply
    with the standard, regulation or limitation.
       "(2)   Special   rule.-Notwithstanding   the  requirements   of
    paragraph  (1),  a  new source  which  commences  construction  or
    reconstruction  after   a  standard,   limitation  or   regulation
    applicable to such  source is proposed and  before such  standard,
    limitation or regulation  is promulgated shall not be  required to
    comply  with  such  promulgated standard  until  the date  3 years
    after the date of promulgation if-
          "(A) the  promulgated standard, limitation or  regulation is
       more  stringent  than the  standard,  limitation  or regulation
       proposed; and
          "(B) the  source complies with  the standard, limitation, or
       regulation  as proposed  during the  3-year  period immediately
       after promulgation.
       "(3) Compliance schedule for existing sources.-
          "(A)  After the  effective date  of any  emissions standard,
       limitation or  regulation promulgated  under this  section  and
       applicable  to a source, no  person may operate  such source in
       violation of such standard, limitation or regulation except, in
       the  case  of  an  existing  source,  the  Administrator  shall
       establish  a compliance  date  or dates  for  each category  or
       subcategory  of  existing  sources,  which  shall  provide  for
       compliance  as expeditiously  as practicable,  but in  no event
       later than 3 years  after the effective date of  such standard,
       except  as  provided in  subparagraph  (B)  and paragraphs  (4)
       through (8).
          "(B) The Administrator  (or a State with a  program approved
       under  title V)  may issue  a permit  that grants  an extension
       permitting an existing source up to 1 additional year to comply
       with standards  under subsection (d) if  such additional period
       is necessary for  the installation of controls.   An additional
       extension  of up  to 3  years  may be  added  for mining  waste
       operations, if  the 4-year  compliance time is  insufficient to
       dry and cover mining  waste in order to reduce emissions of any
       pollutant listed under subsection (b).
       "(4)  Presidential  exemption.-The  President  may  exempt  any
    stationary source from compliance with any  standard or limitation
    under this section for a  period of not more  than 2 years if  the
    President  determines  that   the  technology  to  implement  such
    standard is not available and that it is  in the national security
    interests  of the United States to do so.  An exemption under this
    paragraph may be extended for  1 or more additional  periods, each
    period  not to  exceed 2  years.   The  President shall  report to
    Congress with  respect to  each exemption  (or extension  thereof)
    made under this paragraph.
    "(5) Early reduction.-
          "(A) The  Administrator (or  a State  acting pursuant  to  a
       permit program  approved under  title V) shall  issue a  permit
       allowing an existing  source, for which  the owner or  operator
       demonstrates that the source has achieved a reduction of 90 per
       centum or more in emissions of hazardous air pollutants (95 per
       centum  in  the case  of  hazardous  air pollutants  which  are
       particulates) from the source,  to meet an alternative emission
       limitation  reflecting such  reduction in  lieu of  an emission
       limitation promulgated under subsection  (d) for a period  of 6
       years  from the  compliance date  for the  otherwise applicable
       standard, provided  that such reduction is  achieved before the
       otherwise  applicable standard  under subsection  (d) is  first
       proposed.   Nothing in  this paragraph  shall preclude  a State
       from requiring reductions in excess of those  specified in this
       subparagraph  as   a  condition   of  granting   the  extension
       authorized by the previous sentence.
          "(B)  An  existing  source   which  achieves  the  reduction
       referred  to  in  subparagraph (A)  after  the  proposal  of an
       applicable  standard but  before January  1, 1994,  may qualify
       under  subparagraph (A),  if  the source  makes an  enforceable
       commitment to achieve such reduction before the proposal of the
       standard.   Such commitment  shall be  enforceable to  the same
       extent as a regulation under this section.
          "(C)  The  reduction shall  be  determined  with  respect to
       verifiable and actual emissions in a base year not earlier than
       calendar year  1987, provided that,  there is no  evidence that
       emissions in  the base  year are artificially  or substantially
       greater than  emissions in other years  prior to implementation
       of emissions reduction measures.  The Administrator may allow a
       source to use a baseline year of 1985 or 1986 provided that the
       source can demonstrate to the satisfaction of the Administrator
       that  emissions data  for the  source reflects  verifiable data
       based  on   information  for  such  source,   received  by  the
       Administrator  prior to  the  enactment of  the  Clean Air  Act
       Amendments of  1990, pursuant to an  information request issued
       under section 114.
          "(D)  For  each  source  granted  an  alternative   emission
       limitation under this paragraph there shall be established by a
       permit  issued  pursuant to  title  V  an enforceable  emission
       limitation   for  hazardous   air  pollutants   reflecting  the
       reduction  which  qualifies  the   source  for  an  alternative
       emission  limitation  under  this  paragraph.    An alternative
       emission limitation under this paragraph shall not be available
       with  respect to standards or requirements promulgated pursuant
       to subsection (f) and the Administrator  shall, for the purpose
       of  determining  whether a  standard  under  subsection (f)  is
       necessary, review emissions from sources granted an alternative
       emission limitation under  this paragraph at the same time that
       other sources in the category or subcategory are reviewed.
          "(E)  With respect  to pollutants  for which  high  risks of
       adverse public health effects may be associated with expo-
       sure  to  small  quantities  including,  but  not  limited  to,
       chlorinated  dioxins and  furans,  the  Administrator shall  by
       regulation limit the use  of offsetting reductions in emissions
       of  other hazardous air pollutants  from the source as counting
       toward the 90 per centum reduction in such high-risk pollutants
       qualifying  for an alternative  emissions limitation under this
       paragraph.
       "(6) Other reductions.-Notwithstanding the requirements of this
    section, no existing source that has installed-
          "(A)  best  available  control  technology  (as  defined  in
       section 169(3)), or
          "(B)   technology  required  to  meet  a  lowest  achievable
       emission  rate (as  defined  in section  171),   prior  to  the
       promulgation  of a  standard under  this section  applicable to
       such  source and the  same pollutant (or  stream of pollutants)
       controlled pursuant to an  action described in subparagraph (A)
       or (B) shall  be required  to comply with  such standard  under
       this  section until the  date 5 years  after the date  on which
       such installation or reduction has been achieved, as determined
       by  the Administrator.  The Administrator  may issue such rules
       and guidance as are necessary to implement this paragraph.
       "(7) Extension for new sources.-A source for which construction
    or  reconstruction  is  commenced  after  the   date  an  emission
    standard  applicable  to  such  source  is  proposed  pursuant  to
    subsection  (d)   but  before  the   date  an  emission   standard
    applicable to such source is  proposed pursuant to subsection  (f)
    shall not be required to  comply with the emission  standard under
    subsection   (f)  until   the  date   10  years  after   the  date
    construction or reconstruction is commenced.
       "(8) Coke ovens.
          "(A) Any coke oven  battery that complies with the  emission
       limitations    established    under    subsection    (d)(8)(C),
       subparagraph (B),  and subparagraph (C), and  complies with the
       provisions  of  subparagraph  (E),  shall not  be  required  to
       achieve emission  limitations promulgated under  subsection (f)
       until January 1, 2020. 
          "(B)(i) Not later  than December 31, 1992, the Administrator
       shall promulgate emission  limitations for coke  oven emissions
       from coke oven batteries. Notwithstanding paragraph (3) of this
       subsection, the compliance date  for such emission  limitations
       for existing coke oven batteries shall be January 1, 1998. Such
       emission  limitations  shall  reflect  the   lowest  achievable
       emission rate as defined in section 171 for a coke oven battery
       that is  rebuilt or a replacement  at a coke oven  plant for an
       existing battery.  Such emission  limitations shall be  no less
       stringent than-
            "(I)  3 per  centum  leaking doors  (5 per  centum leaking
          doors for six meter batteries); 
            "(II) 1 per centum leaking lids;
            "(III) 4 per centum leaking offtakes; and
            "(IV) 16  seconds visible  emissions per charge,   with an
          exclusion for emissions  during the period after the closing
          of self-sealing oven doors (or the total mass emis-
          sions equivalent).  The rulemaking  in which  such  emission
          limitations   are  promulgated   shall  also   establish  an
          appropriate   measurement    methodology   for   determining
          compliance  with   such  emission  limitations,  and   shall
          establish  such   emission  limitations   in  terms  of   an
          equivalent  level of  mass emissions  reduction from  a coke
          oven  battery, unless  the Administrator  finds that  such a
          mass   emissions  standard  would  not   be  practicable  or
          enforceable. Such measurement  methodology, to the extent it
          measures   leaking  doors,  shall  take  into  consideration
          alternative test methods  that reflect  the best  technology
          and practices actually  applied in the affected  industries,
          and shall  assure that the final test methods are consistent
          with the performance of such best technology and practices.
            "(ii)  If  the  Administrator  fails  to  promulgate  such
          emission limitations  under this  subparagraph prior  to the
          effective  date of  such emission limitations,  the emission
          limitations applicable  to coke  oven  batteries under  this
          subparagraph shall be-
               "(I)  3 per centum leaking doors  (5 per centum leaking
            doors for six meter batteries);
               "(II) 1 per centum leaking lids;
               "(III) 4 per centum leaking offtakes; and 
               "(IV) 16 seconds visible emissions per  charge,  or the
            total  mass  emissions  equivalent  (if  the   total  mass
            emissions equivalent is determined  to be practicable  and
            enforceable),  with no exclusion  for emissions during the
            period after the closing of self-sealing oven doors.
          "(C) Not later than January 1, 2007, the Administrator shall
       review the emission limitations promulgated  under subparagraph
       (B)  and revise,  as  necessary, such  emission limitations  to
       reflect  the  lowest achievable  emission  rate  as defined  in
       section 171 at the time for a coke oven battery that is rebuilt
       or a replacement at a coke oven plant for an  existing battery.
       Such emission limitations shall  be no less stringent than  the
       emission   limitation   promulgated  under   subparagraph  (B).
       Notwithstanding   paragraph   (2)  of   this   subsection,  the
       compliance date for such emission limitations for existing coke
       oven batteries shall be January 1, 2010.
          "(D) At  any time  prior to January  1, 1998,  the owner  or
       operator  of any  coke oven  battery may  elect to  comply with
       emission limitations  promulgated under  subsection (f)  by the
       date such  emission limitations  would otherwise apply  to such
       coke  oven battery, in lieu of the emission limitations and the
       compliance dates  provided under  subparagraphs (B) and  (C) of
       this  paragraph.  Any such  owner or operator  shall be legally
       bound  to  comply  with such  emission  limitations promulgated
       under  subsection (f) with respect to such coke oven battery as
       of January 1, 2003.  If no  such emission limitations have been
       promulgated for such coke oven battery, the Administrator shall
       promulgate such 
       emission limitations in accordance with subsection (f) for such
       coke oven battery.
          "(E) Coke  oven batteries qualifying  for an extension under
       subparagraph (A) shall make available not later than January 1,
       2000, to  the surrounding communities  the results of  any risk
       assessment performed  by  the Administrator  to  determine  the
       appropriate level  of any emission standard  established by the
       Administrator pursuant to subsection (f).
          "(F)  Notwithstanding  the  provisions   of  this   section,
       reconstruction of any source  of coke oven emissions qualifying
       for an  extension under this  paragraph shall not  subject such
       source  to  emission  limitations  under  subsection  (f)  more
       stringent  than those established  under subparagraphs  (B) and
       (C)   until  January  1,  2020.    For  the  purposes  of  this
       subparagraph,   the   term   "reconstruction"    includes   the
       replacement  of existing  coke oven  battery capacity  with new
       coke oven batteries of  comparable or lower capacity and  lower
       potential emissions.
    "(j) Equivalent Emission Limitation by Permit.-
       "(1) Effective date.-The requirements of this  subsection shall
    apply in each  State beginning on the  effective date of a  permit
    program  established pursuant  to title V  in such  State, but not
    prior to  the date 42  months after the date  of enactment of  the
    Clean Air Act Amendments of 1990.
       "(2) Failure to  promulgate a standard.-In  the event that  the
    Administrator  fails to promulgate  a standard  for a  category or
    subcategory of major  sources by the date established  pursuant to
    subsection  (e)(1)  and (3),  and beginning  18 months  after such
    date (but not  prior to  the effective  date of  a permit  program
    under title V), the owner  or operator of any major source in such
    category or  subcategory shall submit  a permit application  under
    paragraph (3)  and such owner or  operator shall  also comply with
    paragraphs (5) and (6).
       "(3)  Applications.-By the date  established by  paragraph (2),
    the  owner  or   operator  of  a  major  source  subject  to  this
    subsection  shall file an application for a  permit.  If the owner
    or operator  of  a source  has  submitted  a timely  and  complete
    application  for a permit required by this subsection, any failure
    to  have a  permit  shall not  be a  violation  of paragraph  (2),
    unless  the delay in  final action  is due  to the failure  of the
    applicant to  timely submit information  required or requested  to
    process  the application.  The  Administrator shall not later than
    18  months after  the  date  of enactment  of  the Clean  Air  Act
    Amendments of 1990, and  after notice and opportunity for comment,
    establish  requirements  for  applications  under this  subsection
    including   a   standard  application   form   and  criteria   for
    determining in a timely manner the completeness of applications.
       "(4)  Review and approval.-Permit  applications submitted under
    this  subsection shall  be reviewed  and  approved or  disapproved
    according to the  provisions of  section 505.   In the event  that
    the Administrator (or the State) disapproves  a permit application
    submitted   under  this   subsection   or   determines  that   the
    application is incomplete, the applicant shall have up to 6 
    months  to revise  the application to  meet the  objections of the
    Administrator (or the State).
       "(5) Emission limitation.-The  permit shall be  issued pursuant
    to  title  V  and  shall  contain  emission  limitations  for  the
    hazardous air pollutants subject to regulation  under this section
    and emitted  by the source that  the Administrator  (or the State)
    determines,  on a  case-by-case  basis,  to be  equivalent  to the
    limitation  that  would  apply  to  such  source  if  an  emission
    standard had been promulgated in a timely  manner under subsection
    (d).  In the alternative, if the applicable  criteria are met, the
    permit  may contain an  emissions limitation established according
    to  the provisions  of  subsection  (i)(5).  For purposes  of  the
    preceding   sentence,  the   reduction   required   by  subsection
    (i)(5)(A) shall  be achieved  by the  date on  which the  relevant
    standard should  have been  promulgated under  subsection (d).  No
    such pollutant  may be  emitted in  amounts exceeding  an emission
    limitation contained in a  permit immediately for new sources and,
    as  expeditiously as  practicable, but not  later than  the date 3
    years after  the permit  is issued  for existing  sources or  such
    other compliance date as would apply under subsection (i).
       "(6)    Applicability    of   subsequent    standards.-If   the
    Administrator  promulgates an emission standard that is applicable
    to  the  major  source  prior  to  the  date  on  which  a  permit
    application is  approved, the  emission limitation  in the  permit
    shall reflect  the promulgated standard  rather than the  emission
    limitation  determined pursuant  to paragraph  (5),  provided that
    the  source  shall  have  the  compliance  period  provided  under
    subsection  (i).   If  the  Administrator promulgates  a  standard
    under  subsection (d)  that would be  applicable to  the source in
    lieu of the emission  limitation established by permit  under this
    subsection  after the  date on which  the permit  has been issued,
    the Administrator  (or the  State) shall revise  such permit  upon
    the  next  renewal  to reflect  the  standard  promulgated by  the
    Administrator providing such  source a reasonable time  to comply,
    but no longer than 8  years after such standard is  promulgated or
    8 years after  the date on which  the source is first  required to
    comply  with the  emissions  limitation established  by  paragraph
    (5), whichever is earlier.  
    "(k) Area Source Program.-
       "(1) Findings and purpose.-The Congress finds that emissions of
    hazardous air  pollutants from area  sources may individually,  or
    in the  aggregate, present  significant risks to  public health in
    urban areas.   Considering the large number of persons exposed and
    the risks  of carcinogenic and other  adverse health  effects from
    hazardous  air  pollutants, ambient  concentrations characteristic
    of  large urban  areas should  be reduced to  levels substantially
    below those  currently experienced.   It  is the  purpose of  this
    subsection  to achieve  a substantial  reduction  in emissions  of
    hazardous  air pollutants  from  area  sources and  an  equivalent
    reduction in the public health risks associated  with such sources
    including a  reduction  of not  less  than 75  per centum  in  the
    incidence of cancer attributable to emissions from such sources.
       "(2)   Research   program.-The   Administrator   shall,   after
    consultation   with  State   and  local   air  pollution   control
    officials, conduct a program  of research with respect  to sources
    of  hazardous  air pollutants  in urban  areas  and  shall include
    within such program-
          "(A) ambient monitoring for  a broad range of  hazardous air
       pollutants  (including, but  not limited  to,  volatile organic
       compounds,  metals,  pesticides   and  products  of  incomplete
       combustion) in a representative number of urban locations;
          "(B) analysis to  characterize the sources of such pollution
       with a focus  on area  sources and the  contribution that  such
       sources  make  to  public   health  risks  from  hazardous  air
       pollutants; and
          "(C) consideration  of atmospheric  transformation and other
       factors  which  can  elevate  public  health  risks  from  such
       pollutants.  Health effects considered under this program shall
       include,  but not be limited to, carcinogenicity, mutagenicity,
       teratogenicity,  neurotoxicity,  reproductive  dysfunction  and
       other acute  and chronic  effects including  the role  of  such
       pollutants as  precursors of  ozone or acid  aerosol formation.
       The Administrator shall report  the preliminary results of such
       research not later than 3 years after the  date of enactment of
       the Clean Air Act Amendments of 1990.
       "(3) National strategy.- 
          "(A)  Considering  information  collected  pursuant  to  the
       monitoring   program   authorized   by   paragraph   (2),   the
       Administrator shall, not later  than 5 years after the  date of
       enactment of the  Clean Air  Act Amendments of  1990 and  after
       notice and opportunity for public comment, prepare and transmit
       to the  Congress a comprehensive strategy  to control emissions
       of hazardous air pollutants from area sources in urban areas.
          "(B) The strategy shall-
            "(i) identify  not less than  30 hazardous air  pollutants
          which, as the result of emissions from area sources, present
          the greatest threat  to public health in the  largest number
          of urban  areas and that are  or will be listed  pursuant to
          subsection (b), and 
            "(ii)  identify  the source  categories  or  subcategories
          emitting such pollutants that are or will be listed pursuant
          to  subsection  (c).     When  identifying  categories   and
          subcategories  of  sources   under  this  subparagraph,  the
          Administrator shall  assure that  sources accounting  for 90
          per centum or more of the aggregate emissions of each of the
          30  identified  hazardous  air  pollutants  are  subject  to
          standards pursuant to subsection (d).
          "(C)  The  strategy shall  include  a  schedule  of specific
       actions to  substantially reduce the public  health risks posed
       by  the release of  hazardous air pollutants  from area sources
       that  will  be  implemented  by  the  Administrator  under  the
       authority of this or other laws (including, but not limited to,
       the  Toxic Substances  Control  Act,  the Federal  Insecticide,
       Fungicide and Rodenticide Act and the Resource Con-
       servation and Recovery  Act) or  by the States.   The  strategy
       shall  achieve   a  reduction   in  the  incidence   of  cancer
       attributable to exposure to hazardous air pollutants emitted by
       stationary sources of  not less than 75 per centum, considering
       control  of  emissions of  hazardous  air  pollutants from  all
       stationary  sources and resulting  from measures implemented by
       the Administrator or by the States under this or other laws.  
          "(D)  The  strategy  may  also  identify  research  needs in
       monitoring,  analytical  methodology,  modeling   or  pollution
       control techniques and recommendations  for changes in law that
       would further the goals and objectives of this subsection.
          "(E)  Nothing in  this  subsection shall  be  interpreted to
       preclude  or delay  implementation of  actions with  respect to
       area sources  of hazardous  air pollutants  under consideration
       pursuant to this  or any other law and  that may be promulgated
       before the strategy is prepared.
          "(F)  The  Administrator  shall implement  the  strategy  as
       expeditiously as  practicable assuring that all  sources are in
       compliance with all requirements  not later than 9  years after
       the date of enactment of the Clean Air Act Amendments of 1990.
          "(G)  As  part  of  such  strategy  the  Administrator shall
       provide for ambient monitoring  and emissions modeling in urban
       areas  as  appropriate  to   demonstrate  that  the  goals  and
       objectives of the strategy are being met.
       "(4) Areawide activities.-In addition to the national urban air
    toxics  strategy authorized  by paragraph  (3),  the Administrator
    shall also encourage and support areawide  strategies developed by
    State  or local  air pollution control  agencies that are intended
    to  reduce   risks  from  emissions  by   area  sources  within  a
    particular urban area.   From the funds available for grants under
    this section, the Administrator shall  set aside not less  than 10
    per  centum  to support  areawide strategies  addressing hazardous
    air pollutants emitted  by area sources and shall award such funds
    on  a demonstration  basis  to  those States  with  innovative and
    effective strategies.    At the  request  of  State or  local  air
    pollution  control  officials,  the  Administrator  shall  prepare
    guidelines for control technologies or  management practices which
    may be  applicable to various categories  or subcategories of area
    sources.
       "(5) Report.-The Administrator shall  report to the Congress at
    intervals  not  later  than 8  and  12  years  after  the date  of
    enactment  of the  Clean  Air Act  Amendments  of 1990  on actions
    taken under this subsection and other parts of  this Act to reduce
    the risk  to public health  posed by the release  of hazardous air
    pollutants from  area sources.   The reports  shall also  identify
    specific  metropolitan  areas  that continue  to  experience  high
    risks to  public  health as  the  result  of emissions  from  area
    sources.
    "(l) State Programs.-
       "(1)  In general.-Each  State  may develop  and  submit to  the
    Administrator for approval a program for the implementation 
    and  enforcement (including  a  review of  enforcement delegations
    previously granted) of  emission standards and other  requirements
    for air pollutants  subject to  this section  or requirements  for
    the prevention and  mitigation of accidental releases  pursuant to
    subsection  (r).   A  program  submitted  by  a  State under  this
    subsection  may provide for partial  or complete delegation of the
    Administrator's authorities and  responsibilities to implement and
    enforce  emissions standards and prevention requirements but shall
    not include authority  to set standards less stringent  than those
    promulgated by the Administrator under this Act.
       "(2)  Guidance.-Not later  than  12 months  after  the date  of
    enactment   of  the  Clean  Air   Act  Amendments   of  1990,  the
    Administrator  shall publish guidance that would  be useful to the
    States   in  developing   programs   for  submittal   under   this
    subsection.  The guidance shall also provide for the  registration
    of all facilities  producing, processing, handling or  storing any
    substance listed  pursuant to  subsection (r)  in amounts  greater
    than the threshold  quantity.  The Administrator shall  include as
    an element in such  guidance an optional program begun in 1986 for
    the  review   of  high-risk  point   sources  of  air   pollutants
    including, but  not limited  to, hazardous  air pollutants  listed
    pursuant to subsection (b).
       "(3)  Technical  assistance.-The Administrator  shall establish
    and maintain  an air  toxics clearinghouse  and center to  provide
    technical information and  assistance to State and  local agencies
    and, on  a cost recovery basis,  to others  on control technology,
    health  and  ecological  risk assessment,  risk  analysis, ambient
    monitoring   and   modeling,   and   emissions   measurement   and
    monitoring.   The Administrator shall use the authority of section
    103 to examine methods for preventing,  measuring, and controlling
    emissions and evaluating associated  health and ecological  risks.
    Where   appropriate,  such   activity  shall   be  conducted  with
    not-for-profit  organizations.    The  Administrator  may  conduct
    research  on  methods  for preventing,  measuring  and controlling
    emissions and evaluating associated health  and environment risks.
    All information collected under this paragraph  shall be available
    to the public.
       "(4) Grants.-Upon application of a State, the Administrator may
    make  grants,  subject   to  such  terms  and  conditions  as  the
    Administrator deems appropriate, to such  State for the purpose of
    assisting the State  in developing and implementing a  program for
    submittal and approval  under this subsection.   Programs assisted
    under this paragraph  may include program elements  addressing air
    pollutants  or extremely  hazardous  substances other  than  those
    specifically  subject  to   this  section.    Grants   under  this
    paragraph may  include support for  high-risk point source  review
    as provided in paragraph (2)  and support for the  development and
    implementation  of  areawide  area  source  programs  pursuant  to
    subsection (k).
       "(5)  Approval or  disapproval.-Not later  than 180  days after
    receiving  a program  submitted by a  State, and  after notice and
    opportunity for  public comment,  the  Administrator shall  either
    approve or disapprove such program.  The Administrator 
    shall  disapprove  any  program  submitted  by  a  State,  if  the
    Administrator determines that-
          "(A)  the  authorities  contained  in  the  program  are not
       adequate  to assure compliance by  all sources within the State
       with  each  applicable   standard,  regulation  or  requirement
       established by the Administrator under this section;
          "(B)  adequate   authority  does  not   exist,  or  adequate
       resources are not available, to implement the program;
          "(C) the schedule  for implementing the program and assuring
       compliance by affected sources is not sufficiently expeditious;
       or
          "(D) the  program is  otherwise not in  compliance with  the
       guidance issued by  the Administrator under paragraph (2) or is
       not likely to satisfy, in  whole or in part, the objectives  of
       this Act.
       If  the   Administrator  disapproves   a  State   program,  the
       Administrator  shall  notify  the  State of  any  revisions  or
       modifications  necessary to  obtain  approval.   The State  may
       revise  and  resubmit  the  proposed  program  for  review  and
       approval pursuant to the provisions of this subsection.
       "(6) Withdrawal.-Whenever the  Administrator determines,  after
    public hearing, that  a State is not administering and enforcing a
    program approved  pursuant to this  subsection in accordance  with
    the  guidance   published  pursuant  to   paragraph  (2)  or   the
    requirements of paragraph  (5), the Administrator shall  so notify
    the State  and, if action which  will assure  prompt compliance is
    not  taken  within  90  days,  the  Administrator  shall  withdraw
    approval  of the  program.   The Administrator shall  not withdraw
    approval of any  program unless the State shall have been notified
    and the reasons for withdrawal  shall have been stated  in writing
    and made public.
       "(7) Authority  to enforce.-Nothing  in this  subsection  shall
    prohibit the Administrator  from enforcing any applicable emission
    standard or requirement under this section.
       "(8)  Local program.-The  Administrator may,  after  notice and
    opportunity for  public comment, approve  a program developed  and
    submitted  by  a   local  air  pollution  control   agency  (after
    consultation with  the State) pursuant to  this subsection and any
    such agency implementing an  approved program may take  any action
    authorized to be taken by a State under this section.
       "(9) Permit authority.-Nothing in this subsection  shall affect
    the authorities and obligations of the Administrator or the  State
    under title V.
    "(m) Atmospheric Deposition to Great Lakes and Coastal Waters.-  
       "(1) Deposition assessment.-The  Administrator, in  cooperation
    with  the Under  Secretary of Commerce  for Oceans and Atmosphere,
    shall  conduct a  program  to identify  and  assess the  extent of
    atmospheric deposition  of hazardous  air pollutants  (and in  the
    discretion  of the  Administrator, other  air  pollutants) to  the
    Great  Lakes,  the  Chesapeake Bay,  Lake  Champlain  and  coastal
    waters.  As part of such program, the Administrator shall-
          "(A)  monitor  the Great  Lakes,  the  Chesapeake  Bay, Lake
       Champlain and coastal waters, including monitoring of the Great
       Lakes  through the  monitoring network established  pursuant to
       paragraph (2) of this subsection and designing and deploying an
       atmospheric monitoring network for  coastal waters pursuant  to
       paragraph (4);
          "(B)  investigate  the   sources  and  deposition  rates  of
       atmospheric deposition of air pollutants (and their atmospheric
       transformation precursors);
          "(C)  conduct  research  to develop  and  improve monitoring
       methods  and  to   determine  the   relative  contribution   of
       atmospheric pollutants to total pollution loadings to the Great
       Lakes, the Chesapeake Bay, Lake Champlain, and coastal waters;
          "(D) evaluate  any adverse  effects to public  health or the
       environment  caused  by  such  deposition   (including  effects
       resulting  from  indirect  exposure pathways)  and  assess  the
       contribution of such deposition  to violations of water quality
       standards established pursuant  to the Federal Water  Pollution
       Control Act and drinking  water standards established  pursuant
       to the Safe Drinking Water Act; and 
          "(E) sample for such pollutants in biota, fish, and wildlife
       of  the Great  Lakes, the  Chesapeake  Bay, Lake  Champlain and
       coastal waters and characterize the sources of such pollutants.

       "(2)  Great lakes  monitoring network.-The  Administrator shall
    oversee, in  accordance with  Annex 15  of the  Great Lakes  Water
    Quality  Agreement, the  establishment and  operation  of a  Great
    Lakes  atmospheric  deposition   network  to  monitor  atmospheric
    deposition   of   hazardous    air   pollutants   (and    in   the
    Administrator's  discretion, other  air pollutants)  to the  Great
    Lakes. 
          "(A) As part of the network provided for in  this paragraph,
       and not later than December  31, 1991, the Administrator  shall
       establish  in each  of the 5  Great Lakes  at least  1 facility
       capable of  monitoring the atmospheric deposition  of hazardous
       air pollutants in both dry and wet conditions. 
          "(B) The Administrator  shall use  the data provided  by the
       network to  identify and track  the movement  of hazardous  air
       pollutants through the Great Lakes, to determine the portion of
       water pollution loadings attributable to atmospheric deposition
       of  such pollutants,  and  to support  development of  remedial
       action  plans and  other management  plans as  required by  the
       Great Lakes Water Quality Agreement.
          "(C) The Administrator  shall assure that the data collected
       by the Great Lakes atmospheric deposition monitoring network is
       in  a  format  compatible   with  databases  sponsored  by  the
       International Joint  Commission, Canada, and the several States
       of the Great Lakes region. 
       "(3) Monitoring for the  chesapeake bay and lake champlain.-The
    Administrator  shall establish  at  the  Chesapeake Bay  and  Lake
    Champlain atmospheric  deposition stations  to monitor  deposition
    of hazardous air pollutants (and in the Ad-
    ministrator's  discretion,  other  air   pollutants)  within   the
    Chesapeake Bay and  Lake Champlain watersheds.   The Administrator
    shall  determine the  role  of  air  deposition in  the  pollutant
    loadings of  the Chesapeake  Bay and  Lake Champlain,  investigate
    the  sources  of  air  pollutants  deposited  in  the  watersheds,
    evaluate the  health and environmental  effects of such  pollutant
    loadings, and  shall sample  such  pollutants in  biota, fish  and
    wildlife within the watersheds, as necessary  to characterize such
    effects.
       "(4)  Monitoring  for coastal  waters.-The  Administrator shall
    design  and deploy atmospheric  deposition monitoring networks for
    coastal  waters   and  their   watersheds  and   shall  make   any
    information  collected  through  such  networks available  to  the
    public.  As part of  this effort, the Administrator  shall conduct
    research  to develop  and  improve deposition  monitoring methods,
    and  to  determine   the  relative  contribution  of   atmospheric
    pollutants  to   pollutant  loadings.     For  purposes  of   this
    subsection,  `coastal   waters'  shall   mean  estuaries  selected
    pursuant to  section 320(a)(2)(A) of  the Federal Water  Pollution
    Control  Act or  listed pursuant  to section  320(a)(2)(B) of such
    Act or estuarine research reserves designated  pursuant to section
    315 of the Coastal Zone Management Act (16 U.S.C. 1461).
       "(5) Report.-Within 3  years of  the date of  enactment of  the
    Clean Air  Act Amendments  of 1990 and  biennially thereafter, the
    Administrator,   in  cooperation  with   the  Under  Secretary  of
    Commerce for Oceans and Atmosphere,  shall submit to the  Congress
    a  report  on   the  results  of  any  monitoring,   studies,  and
    investigations  conducted  pursuant  to  this  subsection.    Such
    report shall include, at a minimum, an assessment of- 
          "(A) the contribution of atmospheric deposition to pollution
       loadings in the Great Lakes, the Chesapeake Bay, Lake Champlain
       and coastal waters;
          "(B)  the environmental  and  public health  effects  of any
       pollution  which is attributable  to atmospheric  deposition to
       the Great Lakes, the Chesapeake Bay, Lake Champlain and coastal
       waters; 
          "(C) the  source or  sources of any pollution  to the  Great
       Lakes, the  Chesapeake Bay,  Lake Champlain and  coastal waters
       which is attributable to atmospheric deposition;
          "(D)  whether pollution  loadings  in the  Great  Lakes, the
       Chesapeake  Bay,  Lake Champlain  or  coastal  waters cause  or
       contribute to exceedances of  drinking water standards pursuant
       to  the  Safe Drinking  Water  Act or  water  quality standards
       pursuant to  the Federal Water  Pollution Control Act  or, with
       respect  to  the  Great  Lakes,  exceedances  of  the  specific
       objectives of the Great Lakes Water Quality Agreement; and
          "(E)  a description  of any  revisions of  the requirements,
       standards,  and  limitations pursuant  to  this  Act and  other
       applicable Federal  laws as are necessary  to assure protection
       of human health and the environment. 
       "(6) Additional regulation.-As part  of the report to Congress,
    the Administrator shall determine whether the  other provisions of
    this section are adequate to prevent serious adverse 
    effects to public  health and serious or  widespread environmental
    effects, including such  effects resulting from indirect  exposure
    pathways,  associated with  atmospheric  deposition  to the  Great
    Lakes, the Chesapeake  Bay, Lake Champlain and  coastal waters  of
    hazardous  air pollutants  (and their  atmospheric  transformation
    products).   The Administrator shall  take into consideration  the
    tendency of  such pollutants  to  bioaccumulate.   Within 5  years
    after  the date of  enactment of the  Clean Air  Act Amendments of
    1990,  the   Administrator  shall,  based   on  such  report   and
    determination, promulgate, in accordance  with this section,  such
    further  emission  standards   or  control  measures  as   may  be
    necessary and  appropriate  to  prevent  such  effects,  including
    effects due  to  bioaccumulation and  indirect exposure  pathways.
    Any  requirements  promulgated pursuant  to  this  paragraph  with
    respect to coastal waters shall  only apply to the  coastal waters
    of the States which are subject to section 328(a). 
    "(n) Other provisions.-
       "(1) Electric utility steam generating units.-
          "(A) The Administrator shall perform  a study of the hazards
       to public health reasonably anticipated to occur as a result of
       emissions  by  electric  utility   steam  generating  units  of
       pollutants listed under subsection  (b) after imposition of the
       requirements of this  Act.  The Administrator  shall report the
       results  of this study to the Congress within 3 years after the
       date of the  enactment of the Clean Air Act Amendments of 1990.
       The   Administrator   shall   develop  and   describe   in  the
       Administrator's   report   to   Congress  alternative   control
       strategies  for emissions  which may  warrant  regulation under
       this  section.    The  Administrator  shall  regulate  electric
       utility  steam  generating units  under  this  section, if  the
       Administrator   finds  such   regulation  is   appropriate  and
       necessary after  considering the results of  the study required
       by this subparagraph.
          "(B) The  Administrator shall  conduct, and  transmit to the
       Congress  not later than 4 years after the date of enactment of
       the  Clean Air  Act  Amendments of  1990,  a study  of  mercury
       emissions  from  electric   utility  steam  generating   units,
       municipal  waste combustion units, and other sources, including
       area sources.  Such study shall  consider the rate and mass  of
       such emissions,  the health  and environmental effects  of such
       emissions,  technologies which  are available  to control  such
       emissions, and the costs of such technologies.
          "(C) The National Institute of Environmental Health Sciences
       shall  conduct, and transmit to  the Congress not  later than 3
       years  after the  date  of  enactment  of  the  Clean  Air  Act
       Amendments of 1990, a study to determine the threshold level of
       mercury exposure  below which adverse human  health effects are
       not  expected to occur.   Such study shall  include a threshold
       for mercury concentrations in  the tissue of fish which  may be
       consumed  (including  consumption  by   sensitive  populations)
       without adverse effects to public health.
       "(2) Coke oven production technology study.-
          "(A) The  Secretary of  the  Department  of Energy  and  the
       Administrator shall jointly undertake  a 6-year study to assess
       coke oven  production  emission  control  technologies  and  to
       assist in the development and  commercialization of technically
       practicable and economically  viable control technologies which
       have  the  potential  to  significantly  reduce   emissions  of
       hazardous air pollutants from  coke oven production facilities.
       In  identifying control  technologies,  the Secretary  and  the
       Administrator shall  consider the  range of existing  coke oven
       operations and  battery design and the  availability of sources
       of materials for  such coke  ovens as well  as alternatives  to
       existing coke oven production design.
          "(B) The  Secretary and the  Administrator are authorized to
       enter  into agreements  with  persons who  propose to  develop,
       install   and   operate   coke   production   emission  control
       technologies which have the potential for significant emissions
       reductions  of hazardous  air pollutants provided  that Federal
       funds shall not exceed 50 per centum of the cost of any project
       assisted pursuant to this paragraph.
          "(C) The Secretary  shall prepare annual reports to Congress
       on the status of the research  program and at the completion of
       the  study  shall  make  recommendations  to  the Administrator
       identifying   practicable   and  economically   viable  control
       technologies  for  coke oven  production  facilities to  reduce
       residual risks remaining  after implementation of the  standard
       under subsection (d).
          "(D) There are  authorized to be appropriated $5,000,000 for
       each of  the fiscal years  1992 through 1997  to carry  out the
       program authorized by this paragraph.
       "(3)  Publicly  owned  treatment  works.-The  Administrator may
    conduct, in cooperation with the  owners and operators of publicly
    owned  treatment  works,  studies  to  characterize  emissions  of
    hazardous air pollutants  emitted by such facilities,  to identify
    industrial, commercial and  residential discharges that contribute
    to  such emissions and  to demonstrate  control measures  for such
    emissions.   When  promulgating any  standard  under this  section
    applicable to  publicly owned  treatment works, the  Administrator
    may  provide for  control measures  that  include pretreatment  of
    discharges  causing  emissions  of hazardous  air  pollutants  and
    process  or  product  substitutions or  limitations  that  may  be
    effective  in reducing  such  emissions.   The  Administrator  may
    prescribe uniform sampling,  modeling and risk assessment  methods
    for use in implementing this subsection.
       "(4) Oil and gas wells; pipeline facilities.-
          "(A)  Notwithstanding  the  provisions  of  subsection  (a),
       emissions from any  oil or gas  exploration or production  well
       (with its associated equipment) and emissions from any pipeline
       compressor  or  pump  station  shall  not  be  aggregated  with
       emissions  from other similar units,  whether or not such units
       are  in a contiguous area or under common control, to determine
       whether  such units or stations  are major sources,  and in the
       case of any oil or gas exploration 
       or  production  well  (with  its  associated  equipment),  such
       emissions shall  not be aggregated  for any purpose  under this
       section.
          "(B) The Administrator shall not list oil and gas production
       wells  (with  its  associated  equipment)  as  an  area  source
       category  under subsection (c),  except that  the Administrator
       may  establish  an  area  source  category  for  oil  and   gas
       production wells  located in any  metropolitan statistical area
       or consolidated metropolitan statistical area with a population
       in excess of  1 million, if  the Administrator determines  that
       emissions of  hazardous air pollutants from  such wells present
       more  than  a  negligible risk  of  adverse  effects to  public
       health.
       "(5) Hydrogen sulfide.-The Administrator  is directed to assess
    the hazards  to public  health and the  environment resulting from
    the emission  of hydrogen sulfide  associated with the  extraction
    of oil and natural gas resources.  To the extent practicable,  the
    assessment shall build  upon and not duplicate work  conducted for
    an  assessment  pursuant to  section  8002(m) of  the Solid  Waste
    Disposal Act and  shall reflect consultation with the States.  The
    assessment shall include a  review of existing State  and industry
    control  standards, techniques and enforcement.  The Administrator
    shall report to the  Congress within 24  months after the date  of
    enactment  of  the Clean  Air  Act  Amendments  of  1990 with  the
    findings  of such  assessment, together  with any recommendations,
    and  shall,  as  appropriate,  develop  and  implement  a  control
    strategy  for  emissions  of hydrogen  sulfide  to  protect  human
    health  and  the  environment,  based  on  the  findings  of  such
    assessment, using authorities  under this  Act including  sections
    111 and this section.
       "(6)  Hydrofluoric acid.-Not later than  2 years after the date
    of  enactment  of  the  Clean  Air  Act  Amendments  of  1990, the
    Administrator shall,  for those  regions of  the country which  do
    not have comprehensive health and safety  regulations with respect
    to hydrofluoric  acid, complete a study  of the  potential hazards
    of  hydrofluoric  acid  and  the  uses  of  hydrofluoric  acid  in
    industrial and  commercial applications to  public health and  the
    environment considering  a range  of  events including  worst-case
    accidental   releases  and  shall   make  recommendations  to  the
    Congress for the reduction of such hazards, if appropriate.
       "(7)  RCRA   facilities.-In  the   case  of  any   category  or
    subcategory of  sources the  air emissions of  which are regulated
    under  subtitle   C  of   the  Solid   Waste  Disposal   Act,  the
    Administrator  shall take  into account  any  regulations of  such
    emissions which are promulgated under such subtitle  and shall, to
    the maximum extent practicable and consistent  with the provisions
    of  this section,  ensure that  the requirements  of such subtitle
    and this section are consistent.
    "(o) National Academy of Sciences Study.-
       "(1) Request of  the academy.-Within  3 months of  the date  of
    enactment  of   the  Clean   Air  Act  Amendments   of  1990,  the
    Administrator shall enter into  appropriate arrangements with  the
    National Academy of Sciences to conduct a review of-
          "(A)  risk assessment methodology used  by the Environmental
       Protection Agency to determine the carcinogenic risk associated
       with   exposure  to   hazardous  air  pollutants   from  source
       categories and  subcategories subject  to the  requirements  of
       this section; and
          "(B) improvements in such methodology. 
       "(2)  Elements to  be studied.-In  conducting such  review, the
    National Academy of Sciences should  consider, but not be  limited
    to, the following-
          "(A) the  techniques used for  estimating and describing the
       carcinogenic potency to humans of hazardous air pollutants; and
          "(B)  the  techniques   used  for  estimating  exposure   to
       hazardous air pollutants (for hypothetical and actual maximally
       exposed individuals as well as other exposed individuals).
       "(3)   Other  health   effects   of  concern.-To   the   extent
    practicable,  the  Academy  shall  evaluate  and   report  on  the
    methodology  for  assessing  the  risk  of  adverse  human  health
    effects other  than cancer for  which safe thresholds of  exposure
    may not exist, including, but not limited to,  inheritable genetic
    mutations, birth defects, and reproductive dysfunctions.
       "(4)  Report.-A report on the  results of such  review shall be
    submitted  to  the  Senate Committee  on  Environment  and  Public
    Works,  the House  Committee  on  Energy and  Commerce,  the  Risk
    Assessment  and Management Commission  established by  section 303
    of the Clean Air Act  Amendments of 1990 and the Administrator not
    later than 30 months after the date of enactment  of the Clean Air
    Act Amendments of 1990.
       "(5) Assistance.-The Administrator shall  assist the Academy in
    gathering any  information the  Academy deems  necessary to  carry
    out  this subsection.   The  Administrator  may use  any authority
    under  this Act  to  obtain information  from  any person,  and to
    require any  person to  conduct tests, keep  and produce  records,
    and  make   reports  respecting  research   or  other   activities
    conducted  by  such   person  as  necessary  to   carry  out  this
    subsection.
       "(6) Authorization.-Of the funds authorized to be  appropriated
    to  the Administrator  by this Act,  such amounts  as are required
    shall be available to carry out this subsection.
       "(7)   Guidelines   for   carcinogenic   risk   assessment.-The
    Administrator  shall   consider,   but   need   not   adopt,   the
    recommendations contained  in the report  of the National  Academy
    of Sciences prepared  pursuant to this subsection and the views of
    the Science  Advisory Board, with respect  to such  report.  Prior
    to the  promulgation of  any standard  under  subsection (f),  and
    after notice and opportunity for comment,  the Administrator shall
    publish revised Guidelines  for Carcinogenic Risk Assessment  or a
    detailed explanation  of  the  reasons  that  any  recommendations
    contained in the report of  the National Academy of  Sciences will
    not be implemented.   The publication of  such revised  Guidelines
    shall be a final Agency action for purposes of section 307. 
    "(p) Mickey Leland Urban Air Toxics Research Center.-
       "(1)   Establishment.-The   Administrator  shall   oversee  the
    establishment of  a National Urban Air  Toxics Research Center, to
    be located at  a university, a hospital, or other facility capable
    of  undertaking and  maintaining similar  research capabilities in
    the  areas   of  epidemiology,  oncology,  toxicology,   pulmonary
    medicine, pathology, and biostatistics. The center  shall be known
    as the Mickey Leland  National Urban  Air Toxics Research  Center.
    The geographic  site of  the National  Urban  Air Toxics  Research
    Center  should be  further directed  to Harris  County, Texas,  in
    order  to  take full  advantage of  the well  developed scientific
    community presence on-site  at the Texas Medical Center as well as
    the extensive  data  previously  compiled  for  the  comprehensive
    monitoring system currently in place.
       "(2) Board of directors.-The National Urban Air Toxics Research
    Center shall be governed  by a Board of Directors to  be comprised
    of 9  members, the  appointment of  which shall  be allocated  pro
    rata among the  Speaker of the  House, the Majority Leader  of the
    Senate and  the President. The members  of the  Board of Directors
    shall  be  selected   based  on  their  respective   academic  and
    professional  backgrounds  and  expertise in  matters  relating to
    public  health,  environmental  pollution and  industrial hygiene.
    The duties of the Board of Directors shall be to  determine policy
    and research  guidelines, submit  views from  center sponsors  and
    the  public  and  issue periodic  reports  of center  findings and
    activities.
       "(3) Scientific advisory panel.-The Board of Directors shall be
    advised by  a Scientific Advisory Panel,  the 13  members of which
    shall be  appointed by the Board,  and to  include eminent members
    of the  scientific and medical  communities. The Panel  membership
    may include scientists with relevant experience  from the National
    Institute  of   Environmental  Health  Sciences,  the  Center  for
    Disease  Control,   the  Environmental   Protection  Agency,   the
    National  Cancer  Institute,  and  others,  and  the  Panel  shall
    conduct  peer review  and  evaluate  research results.  The  Panel
    shall  assist  the  Board  in  developing   the  research  agenda,
    reviewing proposals and  applications, and advise on  the awarding
    of research grants.
       "(4) Funding.-The  center shall be established  and funded with
    both Federal and private source funds.
    (q) Savings Provision.-
       "(1) Standards previously  promulgated.-Any standard under this
    section  in effect before the  date of enactment of  the Clean Air
    Act Amendments  of 1990  shall remain  in force  and effect  after
    such date unless modified as  provided in this section  before the
    date of  enactment of  such Amendments or  under such  Amendments.
    Except  as  provided in  paragraph  (4), any  standard under  this
    section  which has  been  promulgated, but  has not  taken effect,
    before such date shall not  be affected by such  Amendments unless
    modified  as provided  in this section  before such  date or under
    such  Amendments. Each  such standard  shall be  reviewed and,  if
    appropriate,  revised,   to  comply   with  the  requirements   of
    subsection (d) within 10  years after the date of enactment of the
    Clean Air Act Amendments of 1990.  If a timely petition for review
    of any such standard under section 
    307 is pending on  such date of  enactment, the standard shall  be
    upheld if it complies with  this section as in effect  before that
    date. If any such standard  is remanded to the  Administrator, the
    Administrator  may in the  Administrator's discretion apply either
    the requirements of this section,  or those of this section as  in
    effect  before  the  date  of  enactment  of  the  Clean  Air  Act
    Amendments of 1990.
       "(2) Special  rule.-Notwithstanding paragraph (1),  no standard
    shall be established under this  section, as amended by  the Clean
    Air  Act Amendments  of 1990, for  radionuclide emissions from (A)
    elemental  phosphorous  plants, (B)  grate  calcination  elemental
    phosphorous  plants,   (C)  phosphogypsum  stacks,   or  (D)   any
    subcategory of  the foregoing.  This  section, as  in effect prior
    to the date of enactment of the Clean Air  Act Amendments of 1990,
    shall  remain  in  effect for  radionuclide  emissions  from  such
    plants and stacks.
       "(3)  Other  categories.-Notwithstanding  paragraph  (1),  this
    section, as in effect prior  to the date of enactment of the Clean
    Air   Act  Amendments   of  1990,  shall   remain  in  effect  for
    radionuclide  emissions  from  non-Department  of  Energy  Federal
    facilities  that  are  not  licensed  by  the  Nuclear  Regulatory
    Commission,    coal-fired   utility    and   industrial   boilers,
    underground uranium mines, surface uranium mines,  and disposal of
    uranium  mill tailings  piles, unless  the  Administrator, in  the
    Administrator's  discretion,  applies  the  requirements  of  this
    section as  modified by the  Clean Air Act  Amendments of 1990  to
    such sources of radionuclides.
       "(4)  Medical  facilities.-Notwithstanding  paragraph  (1),  no
    standard promulgated  under  this  section prior  to  the date  of
    enactment of the Clean  Air Act Amendments of 1990 with respect to
    medical research  or treatment  facilities shall  take effect  for
    two years  following the date  of enactment of  the Clean Air  Act
    Amendments   of   1990,   unless   the   Administrator   makes   a
    determination pursuant  to a  rulemaking under  section 112(d)(9).
    If  the  Administrator  determines  that  the  regulatory  program
    established  by  the   Nuclear  Regulatory  Commission   for  such
    facilities does not provide an  ample margin of safety  to protect
    public health,  the requirements of section  112 shall fully apply
    to such facilities.   If  the Administrator  determines that  such
    regulatory  program  does provide  an ample  margin  of  safety to
    protect the  public health, the  Administrator is not required  to
    promulgate  a standard under this  section for such facilities, as
    provided in section 112(d)(9).
    "(r) Prevention of Accidental Releases.-
       "(1) Purpose and general duty.-It shall be the objective of the
    regulations  and  programs  authorized under  this  subsection  to
    prevent the  accidental release and  to minimize the  consequences
    of any such  release of any substance listed pursuant to paragraph
    (3) or  any other extremely hazardous  substance.   The owners and
    operators of  stationary sources  producing, processing,  handling
    or storing  such substances have a general duty in the same manner
    and  to the same  extent as  section 654,  title 29 of  the United
    States  Code,  to identify  hazards  which  may  result from  such
    releases using appropriate hazard assessment tech-
    niques, to design and maintain  a safe facility taking  such steps
    as  are  necessary  to  prevent  releases,  and  to  minimize  the
    consequences of accidental  releases which do occur.  For purposes
    of this  paragraph, the  provisions of  section 304  shall not  be
    available  to  any   person  or  otherwise  be  construed   to  be
    applicable to  this paragraph.  Nothing  in this  section shall be
    interpreted,  construed,   implied  or   applied  to  create   any
    liability or basis  for suit for compensation for bodily injury or
    any  other injury  or  property damages  to  any person  which may
    result from accidental releases of such substances.
       "(2) Definitions.-
          "(A) The  term `accidental  release' means an  unanticipated
       emission of a regulated  substance or other extremely hazardous
       substance into the ambient air from a stationary source.
          "(B) The term `regulated substance' means a substance listed
       under paragraph (3).
          "(C)  The  term  `stationary source'  means  any  buildings,
       structures,  equipment,  installations  or  substance  emitting
       stationary activities  (i) which belong to  the same industrial
       group,  (ii)  which  are  located  on  one  or more  contiguous
       properties, (iii)  which  are under  the  control of  the  same
       person  (or persons under common  control), and (iv) from which
       an accidental release may occur.
       "(3) List of substances.-The Administrator shall promulgate not
    later  than  24  months  after  enactment  of  the  Clean  Air Act
    Amendments  of 1990  an initial list  of 100  substances which, in
    the  case  of an  accidental release,  are known  to cause  or may
    reasonably  be anticipated  to  cause  death, injury,  or  serious
    adverse effects to  human health or the environment.  For purposes
    of promulgating such  list, the  Administrator shall  use, but  is
    not  limited  to,  the  list  of  extremely  hazardous  substances
    published   under    the   Emergency   Planning   and    Community
    Right-to-Know  Act  of  1986,  with  such   modifications  as  the
    Administrator deems appropriate.   The initial list  shall include
    chlorine,  anhydrous  ammonia, methyl  chloride,  ethylene  oxide,
    vinyl  chloride,  methyl  isocyanate,  hydrogen cyanide,  ammonia,
    hydrogen   sulfide,   toluene  diisocyanate,   phosgene,  bromine,
    anhydrous hydrogen  chloride, hydrogen fluoride, anhydrous  sulfur
    dioxide, and sulfur trioxide.   The initial list shall  include at
    least  100  substances which  pose the  greatest  risk  of causing
    death, injury, or serious adverse  effects to human health  or the
    environment from  accidental releases.   Regulations  establishing
    the  list  shall  include   an  explanation   of  the  basis   for
    establishing the list.  The list may be revised  from time to time
    by  the Administrator  on  the Administrator's  own motion  or  by
    petition  and shall be  reviewed at  least every 5  years.  No air
    pollutant  for  which  a  national  primary  ambient  air  quality
    standard has been  established shall be included on any such list.
    No  substance,  practice, process,  or  activity  regulated  under
    title VI  shall be subject  to regulations under this  subsection.
    The Administrator shall establish procedures for  the addition and
    deletion of substances from the list established under this para-
    graph consistent with those  applicable to the list in  subsection
    (b).
       "(4)  Factors  to be  considered.-In  listing substances  under
    paragraph  (3),  the  Administrator shall  consider  each  of  the
    following criteria-
          "(A)  the  severity  of  any  acute  adverse  health effects
       associated with accidental releases of the substance;
          "(B) the likelihood of accidental releases of the substance;
       and
          "(C) the potential magnitude of human exposure to accidental
       releases of the substance.
       "(5) Threshold  quantity.-At the  time any substance  is listed
    pursuant to  paragraph (3), the  Administrator shall establish  by
    rule, a threshold quantity for the substance,  taking into account
    the    toxicity,    reactivity,     volatility,    dispersibility,
    combustibility, or  flammability of the  substance and the  amount
    of the  substance which, as a result  of an accidental release, is
    known to  cause or may reasonably  be anticipated  to cause death,
    injury or  serious adverse effects to  human health  for which the
    substance  was  listed.    The  Administrator   is  authorized  to
    establish  a  greater   threshold  quantity  for,  or   to  exempt
    entirely, any  substance that is  a nutrient  used in  agriculture
    when held by a farmer.
       "(6) Chemical safety board.-
          "(A) There is hereby established an independent safety board
       to  be known  as the  Chemical Safety and  Hazard Investigation
       Board.
          "(B) The  Board shall  consist  of  5 members,  including  a
       Chairperson, who  shall be appointed  by the President,  by and
       with the  advice and  consent of  the Senate.   Members of  the
       Board   shall  be   appointed   on  the   basis  of   technical
       qualification,   professional    standing,   and   demonstrated
       knowledge  in  the  fields of  accident  reconstruction, safety
       engineering,   human  factors,  toxicology,  or  air  pollution
       regulation.   The terms of office of members of the Board shall
       be  5  years.     Any  member  of  the  Board,   including  the
       Chairperson, may be removed  for inefficiency, neglect of duty,
       or malfeasance in office.   The Chairperson shall be  the Chief
       Executive Officer of the Board and shall exercise the executive
       and administrative functions of the Board.
          "(C) The Board shall-
            "(i) investigate (or cause to  be investigated), determine
          and  report to the public in  writing the facts, conditions,
          and  circumstances and  the cause  or probable cause  of any
          accidental release  resulting in a fatality,  serious injury
          or substantial property damages;
            "(ii)  issue periodic  reports to  the  Congress, Federal,
          State  and  local  agencies,  including   the  Environmental
          Protection  Agency and  the  Occupational Safety  and Health
          Administration,  concerned  with   the  safety  of  chemical
          production,  processing, handling  and  storage,  and  other
          interested  persons  recommending  measures  to  reduce  the
          likelihood or the  consequences of  accidental releases  and
          proposing corrective steps to make chemi-
          cal production, processing, handling and storage as safe and
          free from  risk of injury as is possible and  may include in
          such reports proposed rules or orders which should be issued
          by the  Administrator under the authority of this section or
          the  Secretary of  Labor under  the Occupational  Safety and
          Health Act to prevent  or minimize  the consequences of  any
          release of substances that may cause death, injury  or other
          serious  adverse  effects on  human  health  or  substantial
          property damage as the result of an accidental release; and
            "(iii)  establish  by regulation  requirements  binding on
          persons for reporting  accidental releases into  the ambient
          air  subject  to  the  Board's  investigatory  jurisdiction.
          Reporting releases to  the National Response Center, in lieu
          of the Board directly,  shall satisfy such regulations.  The
          National Response Center  shall promptly notify the Board of
          any releases which are within the Board's jurisdiction.
          "(D) The Board  may utilize the expertise and  experience of
       other agencies.
          "(E)  The  Board   shall  coordinate  its  activities   with
       investigations and  studies conducted by other  agencies of the
       United States having a  responsibility to protect public health
       and  safety.    The Board  shall  enter  into  a memorandum  of
       understanding with the National  Transportation Safety Board to
       assure coordination  of functions  and to limit  duplication of
       activities  which shall  designate the  National Transportation
       Safety  Board  as  the  lead agency  for  the  investigation of
       releases which are transportation related.  The Board shall not
       be  authorized  to investigate  marine  oil  spills, which  the
       National   Transportation  Safety   Board   is  authorized   to
       investigate.    The  Board shall  enter  into  a memorandum  of
       understanding   with   the  Occupational   Safety   and  Health
       Administration so as to limit duplication of activities.  In no
       event  shall  the  Board   forego  an  investigation  where  an
       accidental release  causes a  fatality or serious  injury among
       the general public, or  had the potential to cause  substantial
       property damage or  a number  of deaths or  injuries among  the
       general public.
          "(F) The Board is authorized to conduct research and studies
       with respect to the  potential for accidental releases, whether
       or  not  an accidental  release  has occurred,  where  there is
       evidence which indicates the presence  of a potential hazard or
       hazards.  To the  extent practicable,  the Board  shall conduct
       such studies in cooperation  with other Federal agencies having
       emergency  response authorities,  State and  local governmental
       agencies   and   associations   and   organizations   from  the
       industrial, commercial, and nonprofit sectors.
          "(G)    No   part   of   the   conclusions,   findings,   or
       recommendations of the Board relating to any accidental release
       or  the investigation thereof shall  be admitted as evidence or
       used  in  any action  or suit  for damages  arising out  of any
       matter mentioned in such report.
          "(H) Not later than 18 months after the date of enactment of
       the Clean Air Act Amendments of 1990, the Board shall publish a
       report accompanied by  recommendations to the  Administrator on
       the use of  hazard assessments in preventing the occurrence and
       minimizing the consequences of accidental releases of extremely
       hazardous substances. The recommendations shall include  a list
       of  extremely  hazardous  substances which  are  not  regulated
       substances (including threshold quantities for such substances)
       and  categories   of  stationary   sources  for   which  hazard
       assessments  would  be an  appropriate  measure to  aid  in the
       prevention  of  accidental   releases  and   to  minimize   the
       consequences   of   those   releases   that   do   occur.   The
       recommendations  shall  also  include  a  description   of  the
       information and analysis which  would be appropriate to include
       in  any  hazard  assessment.     The  Board  shall  also   make
       recommendations  with respect  to the  role of  risk management
       plans as required by  paragraph (8)(B) in preventing accidental
       releases. The Board may from time to time review and revise its
       recommendations under this subparagraph.
          "(I)  Whenever  the  Board  submits  a  recommendation  with
       respect  to  accidental  releases  to  the  Administrator,  the
       Administrator shall respond to such recommendation formally and
       in writing not later  than 180 days after receipt  thereof. The
       response to  the  Board's recommendation  by the  Administrator
       shall indicate whether the Administrator will-
            "(i)  initiate a  rulemaking or issue  such orders  as are
          necessary  to implement  the  recommendation in  full  or in
          part,   pursuant   to  any   timetable   contained   in  the
          recommendation;
            "(ii) decline  to initiate a rulemaking or issue orders as
          recommended.
       Any  determination  by the  Administrator  not  to implement  a
       recommendation of  the Board  or to implement  a recommendation
       only  in  part,  including  any  variation  from  the  schedule
       contained  in the  recommendation,  shall be  accompanied by  a
       statement from the Administrator  setting forth the reasons for
       such determination.
          "(J)  The Board  may  make recommendations  with  respect to
       accidental  releases to the  Secretary of Labor.   Whenever the
       Board submits  such recommendation, the Secretary shall respond
       to such recommendation  formally and in writing  not later than
       180  days after receipt thereof.   The response  to the Board's
       recommendation by the Administrator shall indicate whether  the
       Secretary will-
            "(i) initiate  a rulemaking  or issue  such orders as  are
          necessary  to implement  the  recommendation in  full  or in
          part,  pursuant   to   any   timetable  contained   in   the
          recommendation;
            "(ii) decline to initiate  a rulemaking or issue orders as
          recommended.
          Any  determination  by  the  Secretary  not  to  implement a
          recommendation  or  to  implement a  recommendation  only in
          part, including any variation from the schedule contained 
          in the  recommendation, shall be  accompanied by a statement
          from  the  Secretary  setting  forth  the  reasons  for such
          determination.
          "(K) Within  2 years  after enactment of the  Clean Air  Act
       Amendments  of  1990, the  Board shall  issue  a report  to the
       Administrator of the Environmental Protection Agency and to the
       Administrator   of   the   Occupational   Safety   and   Health
       Administration recommending the adoption of regulations for the
       preparation of  risk management plans and  general requirements
       for  the  prevention   of  accidental  releases   of  regulated
       substances into the ambient air  (including recommendations for
       listing substances under paragraph  (3)) and for the mitigation
       of  the  potential  adverse  effect  on  human  health  or  the
       environment as a result of  accidental releases which should be
       applicable  to any  stationary  source handling  any  regulated
       substance  in  more than  threshold  amounts.   The  Board  may
       include  proposed rules or orders which should be issued by the
       Administrator  under authority  of  this subsection  or by  the
       Secretary  of Labor  under the  Occupational Safety  and Health
       Act.    Any such  recommendations shall  be specific  and shall
       identify  the   regulated  substance  or  class   of  regulated
       substances (or  other substances) to  which the recommendations
       apply.   The Administrator shall consider  such recommendations
       before promulgating regulations required by paragraph (7)(B).
          "(L) The Board,  or upon authority of the Board,  any member
       thereof, any  administrative law judge employed  by or assigned
       to the Board, or any officer or employee duly designated by the
       Board, may for the purpose of carrying out duties authorized by
       subparagraph (C)-
            "(i) hold such  hearings, sit and  act at  such times  and
          places, administer  such oaths,  and require  by subpoena or
          otherwise attendance and testimony of such witnesses and the
          production  of evidence and  may require  by order  that any
          person engaged in the  production, processing, handling,  or
          storage  of extremely  hazardous  substances  submit written
          reports and responses  to requests and questions within such
          time and in such form as the Board may require; and
            "(ii)  upon  presenting  appropriate   credentials  and  a
          written notice of  inspection authority, enter  any property
          where an  accidental  release  causing a  fatality,  serious
          injury or  substantial property  damage has  occurred and do
          all  things  therein necessary  for  a  proper investigation
          pursuant to subparagraph (C) and inspect at reasonable times
          records, files, papers,  processes, controls, and facilities
          and take such samples as are relevant to such investigation.
Whenever  the Administrator or the  Board conducts an  inspection of a
facility   pursuant  to   this   subsection,   employees   and   their
representatives  shall have  the same  rights  to participate  in such
inspections as provided in the Occupational Safety and Health Act.
          "(M) In addition to that  described in subparagraph (L), the
       Board  may  use  any  information gathering  authority  of  the
       Administrator  under  this Act,  including  the subpoena  power
       provided in section 307(a)(1) of this Act.
          "(N) The  Board is  authorized to  establish such procedural
       and  administrative rules as  are necessary to  the exercise of
       its functions  and  duties.   The Board  is authorized  without
       regard to  section 5 of title  41 of the United  States Code to
       enter into  contracts, leases, cooperative agreements  or other
       transactions as may be  necessary in the conduct of  the duties
       and functions of the Board with any other  agency, institution,
       or person.
          "(O) After  the effective date  of any reporting requirement
       promulgated  pursuant  to  subparagraph (C)(iii)  it  shall  be
       unlawful for  any person to fail  to report any  release of any
       extremely hazardous substance as required by such subparagraph.
       The Administrator  is authorized  to enforce any  regulation or
       requirements established by the Board  pursuant to subparagraph
       (C)(iii)  using the authorities of  sections 113 and  114.  Any
       request  for  information  from  the  owner  or  operator of  a
       stationary source  made by  the Board or  by the  Administrator
       under  this section shall be  treated, for purposes of sections
       113, 114, 116, 120, 303, 304 and 307 and any  other enforcement
       provisions  of this Act, as a request made by the Administrator
       under section 114 and may be enforced by the Chairperson of the
       Board or by the Administrator as provided in such section.
          "(P)  The  Administrator shall  provide  to  the  Board such
       support and facilities as may be necessary for operation of the
       Board.
          "(Q) Consistent  with subsection (G)  and section 114(c) any
       records, reports or  information obtained by the Board shall be
       available  to the  Administrator, the  Secretary of  Labor, the
       Congress   and  the   public,  except   that  upon   a  showing
       satisfactory to the Board by any person that records,  reports,
       or information, or particular  part thereof (other than release
       or  emissions  data) to  which the  Board  has access,  if made
       public, is likely  to cause  substantial harm  to the  person's
       competitive position,  the  Board shall  consider such  record,
       report,   or   information   or   particular   portion  thereof
       confidential in accordance with section 1905 of title 18 of the
       United  States  Code,  except  that  such  record,  report,  or
       information may be disclosed  to other officers, employees, and
       authorized representatives of the United States concerned  with
       carrying  out this  Act or  when relevant under  any proceeding
       under  this  Act.     This  subparagraph  does  not  constitute
       authority to withhold records, reports, or information from the
       Congress.
          "(R)  Whenever the  Board  submits or  transmits  any budget
       estimate, budget request, supplemental budget request, or other
       budget   information,   legislative  recommendation,   prepared
       testimony  for congressional hearings,  recommendation or study
       to the President, the Secretary of Labor, the Administrator, or
       the Director of the Office of Manage-
       ment and Budget, it shall concurrently  transmit a copy thereof
       to the  Congress.  No report  of the Board shall  be subject to
       review by  the  Administrator  or  any  Federal  agency  or  to
       judicial review  in any  court.   No officer  or agency  of the
       United  States shall  have authority  to require  the  Board to
       submit   its   budget   requests   or   estimates,  legislative
       recommendations, prepared  testimony, comments, recommendations
       or reports  to any officer  or agency of the  United States for
       approval   or  review   prior   to  the   submission  of   such
       recommendations,   testimony,  comments   or  reports   to  the
       Congress.  In the performance of their functions as established
       by this Act, the  members, officers and employees of  the Board
       shall not  be  responsible  to  or subject  to  supervision  or
       direction, in carrying out any duties under this subsection, of
       any  officer   or  employee  or  agent   of  the  Environmental
       Protection Agency, the Department of Labor or any other  agency
       of the United States  except that the President may  remove any
       member,  officer or  employee  of the  Board for  inefficiency,
       neglect  of duty  or malfeasance  in office.   Nothing  in this
       section shall affect the application of title 5,  United States
       Code to officers or employees of the Board.
          "(S)  The  Board  shall  submit  an  annual  report  to  the
       President and to the  Congress which shall include, but  not be
       limited to, information on  accidental releases which have been
       investigated by or  reported to the  Board during the  previous
       year, recommendations for  legislative or administrative action
       which the Board has made, the actions  which have been taken by
       the Administrator or  the Secretary  of Labor or  the heads  of
       other   agencies   to   implement  such   recommendations,   an
       identification of priorities for study and investigation in the
       succeeding  year, progress in the development of risk-reduction
       technologies  and  the   response  to  and  implementation   of
       significant research findings on  chemical safety in the public
       and private sector.
       "(7) Accident prevention.-
          "(A) In  order to  prevent accidental  releases of regulated
       substances,  the  Administrator  is  authorized  to  promulgate
       release  prevention,  detection,  and  correction  requirements
       which  may  include   monitoring,  record-keeping,   reporting,
       training,  vapor recovery,  secondary  containment,  and  other
       design, equipment, work practice, and operational requirements.
       Regulations  promulgated   under   this  paragraph   may   make
       distinctions  between  various  types,  classes,  and  kinds of
       facilities,  devices  and  systems  taking  into  consideration
       factors  including, but  not  limited to,  the size,  location,
       process,  process controls,  quantity  of  substances  handled,
       potency of substances, and response capabilities present at any
       stationary  source.  Regulations  promulgated pursuant  to this
       subparagraph shall have an effective date, as determined by the
       Administrator,   assuring   compliance   as  expeditiously   as
       practicable.
          "(B)(i)  Within 3 years  after the date of  enactment of the
       Clean Air Act Amendments of 1990, the Administrator 
       shall   promulgate   reasonable  regulations   and  appropriate
       guidance to  provide, to  the greatest extent  practicable, for
       the  prevention  and   detection  of  accidental   releases  of
       regulated  substances and for response  to such releases by the
       owners  or  operators of  the sources  of  such releases.   The
       Administrator shall utilize the expertise of the Secretaries of
       Transportation and Labor in  promulgating such regulations.  As
       appropriate, such  regulations shall cover  the use, operation,
       repair, replacement,  and maintenance of equipment  to monitor,
       detect,  inspect, and control such releases, including training
       of persons in the use and maintenance of  such equipment and in
       the  conduct of  periodic inspections.   The  regulations shall
       include procedures and measures for emergency response after an
       accidental release of a regulated substance in order to protect
       human health and the environment.  The  regulations shall cover
       storage, as  well  as operations.   The  regulations shall,  as
       appropriate,   recognize   differences  in   size,  operations,
       processes, class  and categories  of sources and  the voluntary
       actions of such sources to prevent such releases and respond to
       such  releases.   The  regulations  shall be  applicable  to  a
       stationary  source 3 years after the date of promulgation, or 3
       years  after the date on which a regulated substance present at
       the source in more than threshold amounts is first listed under
       paragraph (3), whichever is later.
          "(ii) The regulations under  this subparagraph shall require
       the  owner  or  operator  of  stationary  sources  at  which  a
       regulated  substance  is  present  in  more  than  a  threshold
       quantity to prepare  and implement  a risk  management plan  to
       detect  and prevent  or  minimize accidental  releases of  such
       substances  from the stationary source, and to provide a prompt
       emergency response  to any  such releases  in order to  protect
       human  health and the environment.  Such plan shall provide for
       compliance with  the requirements of this  subsection and shall
       also include each of the following: 
            "(I) a hazard  assessment to assess the  potential effects
          of an  accidental release of any  regulated substance.  This
          assessment shall  include an  estimate of  potential release
          quantities   and  a   determination  of   downwind  effects,
          including potential exposures to affected populations.  Such
          assessment shall  include a previous  release history of the
          past  5  years,  including  the   size,  concentration,  and
          duration  of releases,  and shall  include an  evaluation of
          worst case accidental releases;` 
            "(II)  a program  for  preventing accidental  releases  of
          regulated  substances,  including   safety  precautions  and
          maintenance, monitoring and employee training measures to be
          used at the source; and` 
            "(III)  a response program  providing for specific actions
          to  be taken  in  response  to an  accidental release  of  a
          regulated substance  so as  to protect human  health and the
          environment, including procedures for inform-
          ing the public and local agencies responsible for responding
          to accidental releases,  emergency health care, and employee
          training measures.
       At   the   time   regulations   are  promulgated   under   this
       subparagraph, the Administrator  shall promulgate guidelines to
       assist stationary sources in the preparation of risk management
       plans.    The  guidelines  shall, to  the  extent  practicable,
       include model risk management plans.
          "(iii)  The  owner or  operator  of  each  stationary source
       covered by clause  (ii) shall register  a risk management  plan
       prepared under this subparagraph with  the Administrator before
       the effective date of regulations under clause (i) in such form
       and manner as the Administrator shall, by rule, require.  Plans
       prepared pursuant to this  subparagraph shall also be submitted
       to the Chemical Safety and  Hazard Investigation Board, to  the
       State in which  the stationary  source is located,  and to  any
       local agency  or entity having responsibility  for planning for
       or responding  to accidental releases  which may occur  at such
       source, and  shall be  available to  the public  under  section
       114(c).    The  Administrator  shall  establish,  by  rule,  an
       auditing system to regularly  review and, if necessary, require
       revision  in risk  management plans  to  assure that  the plans
       comply with this subparagraph.  Each such plan shall be updated
       periodically as required by the Administrator, by rule.
          "(C) Any regulations promulgated pursuant to this subsection
       shall to  the maximum extent practicable,  consistent with this
       subsection,   be  consistent   with  the   recommendations  and
       standards  established by  the American  Society  of Mechanical
       Engineers  (ASME), the  American  National Standards  Institute
       (ANSI)  or the  American Society  of Testing  Materials (ASTM).
       The Administrator shall take into consideration the concerns of
       small   business  in   promulgating   regulations  under   this
       subsection.
          "(D) In  carrying out the authority  of this  paragraph, the
       Administrator shall consult with the Secretary of Labor and the
       Secretary   of   Transportation   and   shall   coordinate  any
       requirements  under  this   paragraph  with  any   requirements
       established  for comparable purposes by the Occupational Safety
       and Health Administration or the  Department of Transportation.
       Nothing in  this subsection shall be  interpreted, construed or
       applied  to  impose requirements  affecting,  or  to grant  the
       Administrator, the  Chemical  Safety and  Hazard  Investigation
       Board, or any other agency any authority to regulate (including
       requirements for hazard assessment),  the accidental release of
       radionuclides  arising from  the construction and  operation of
       facilities licensed by the Nuclear Regulatory Commission.
          "(E)  After   the  effective  date   of  any  regulation  or
       requirement imposed under this subsection, it shall be unlawful
       for any person to operate any stationary source subject to such
       regulation or  requirement in  violation of such  regulation or
       requirement.  Each regulation or requirement under 
       this subsection shall for  purposes of sections 113,  114, 116,
       120, 304, and 307 and other enforcement provisions of this Act,
       be treated as a standard in effect under subsection (d).
          "(F)  Notwithstanding  the provisions  of  title  V  or this
       section, no stationary  source shall be required  to apply for,
       or operate pursuant to, a permit issued under such title solely
       because such  source is subject to  regulations or requirements
       under this subsection.
          "(G) In exercising  any authority under this subsection, the
       Administrator shall  not, for purposes of  section 653(b)(1) of
       title 29 of the United States Code, be  deemed to be exercising
       statutory  authority  to  prescribe  or  enforce  standards  or
       regulations affecting occupational safety and health.
       "(8)  Research  on  hazard assessments.-The  Administrator  may
    collect  and  publish   information  on  accident   scenarios  and
    consequences covering  a range of  possible events for  substances
    listed under paragraph (3).   The Administrator shall establish  a
    program   of  long-term   research  to   develop  and  disseminate
    information on methods and techniques for  hazard assessment which
    may  be useful in improving and validating the procedures employed
    in the preparation of hazard assessments under this subsection.
       "(9) Order authority.-
          "(A)  In  addition  to  any  other  action  taken, when  the
       Administrator  determines that  there  may be  an imminent  and
       substantial endangerment to the human health or welfare or  the
       environment  because of  an  actual  or  threatened  accidental
       release of a regulated  substance, the Administrator may secure
       such relief as may be necessary to abate such danger or threat,
       and the district court of the United States in the district  in
       which the threat  occurs shall have jurisdiction to  grant such
       relief as the public  interest and the equities of the case may
       require.  The Administrator may also, after notice to the State
       in  which the stationary  source is located,  take other action
       under  this paragraph  including, but  not limited  to, issuing
       such orders as  may be necessary to protect human  health.  The
       Administrator shall  take action under section  303 rather than
       this  paragraph  whenever  the  authority of  such  section  is
       adequate to protect human health and the environment.
          "(B)  Orders  issued  pursuant  to  this  paragraph  may  be
       enforced in an  action brought in the appropriate United States
       district court as if the order were issued under section 303.
          "(C)  Within 180 days  after enactment of the  Clean Air Act
       Amendments of  1990, the Administrator  shall publish  guidance
       for using the order  authorities established by this paragraph.
       Such  guidance shall  provide for  the coordinated  use  of the
       authorities  of  this  paragraph  with other  emergency  powers
       authorized by  section 106  of the Comprehensive  Environmental
       Response, Compensation and Liability Act, sections 311(c), 308,
       309  and 504(a)  of the  Federal  Water Pollution  Control Act,
       sections 3007, 3008, 3013, and 
       7003 of the Solid Waste Disposal Act, sections 1445 and 1431 of
       the  Safe Drinking  Water Act,  sections 5 and  7 of  the Toxic
       Substances  Control Act, and sections 113, 114, and 303 of this
       Act.
       "(10) Presidential review.-The President shall conduct a review
    of release prevention, mitigation and response  authorities of the
    various Federal agencies  and shall clarify and  coordinate agency
    responsibilities  to  assure  the  most  effective  and  efficient
    implementation   of  such   authorities   and  to   identify   any
    deficiencies  in  authority or  resources  which may  exist.   The
    President   may   utilize   the   resources   and    solicit   the
    recommendations of  the Chemical Safety  and Hazard  Investigation
    Board in  conducting  such review.    At  the conclusion  of  such
    review,  but not later than 24 months  after the date of enactment
    of  the Clean  Air  Act Amendments  of  1990, the  President shall
    transmit a  message to  the  Congress on  the release  prevention,
    mitigation  and  response  activities  of  the  Federal Government
    making such  recommendations for  change in law  as the  President
    may  deem  appropriate.    Nothing  in  this  paragraph  shall  be
    interpreted, construed  or applied to  authorize the President  to
    modify  or reassign  release  prevention, mitigation  or  response
    authorities otherwise established by law.
       "(11)  State   authority.-Nothing  in  this   subsection  shall
    preclude,  deny  or  limit  any  right  of  a  State  or political
    subdivision   thereof   to  adopt   or  enforce   any  regulation,
    requirement,  limitation  or standard  (including  any  procedural
    requirement)   that   is   more  stringent   than   a  regulation,
    requirement,  limitation   or  standard   in  effect  under   this
    subsection or  that applies  to a  substance not  subject to  this
    subsection.
    "(s) Periodic Report.-Not  later than January 15, 1993 and every 3
years thereafter, the Administrator shall  prepare and transmit to the
Congress  a comprehensive report on  the measures taken  by the Agency
and by  the States to implement  the provisions of this  section.  The
Administrator  shall maintain  a  database on  pollutants and  sources
subject  to the provisions of this section and shall include aggregate
information from the database in each annual report.  The report shall
include, but not be limited to-
       "(1) a status report  on standard-setting under subsections (d)
    and (f);
       "(2) information with respect to compliance with such standards
    including  the  costs  of compliance  experienced  by  sources  in
    various categories and subcategories;
       "(3) development  and implementation of the  national urban air
    toxics program; and
       "(4)  recommendations  of   the  Chemical  Safety  and   Hazard
    Investigation Board with respect to the  prevention and mitigation
    of accidental releases.".    
SEC. 302. CONFORMING AMENDMENTS.
    (a) Section 111(d)(1) of the Clean Air Act is amended by  striking
"112(b)(1)(A)" and inserting in lieu thereof "112(b)".
    (b)  Section  111 of  the  Clean Air  Act  is amended  by striking
paragraphs  (g)(5)  and   (g)(6)  and  redesignating  the   succeeding
paragraphs 
accordingly.  Such section is further amended by striking  "or section
112" in paragraph (g)(5) as redesignated in the preceding sentence.
    (c) Section  114(a) of the  Clean Air Act  is amended  by striking
"or" after  "section 111," and  by inserting  ", or any  regulation of
solid waste combustion under section 129," after "section 112".
    (d) Section 118(b)  of the  Clean Air Act  is amended by  striking
"112(c)" and inserting in lieu thereof "112(i)(4)".
    (e)  Section 302(k)  of the  Clean Air  Act  is amended  by adding
before the period  at the  end thereof ",  and any design,  equipment,
work practice or operational standard promulgated under this Act.".
    (f) Section  304(b) of  the Clean Air  Act is amended  by striking
"112(c)(1)(B)" and inserting in lieu thereof "112(i)(3)(A) or (f)(4)".
    (g)  Section  307(b)(1)  is  amended  by   striking  "112(c)"  and
inserting in lieu thereof "112".
    (h) Section 307(d)(1) is amended by inserting-
       "(D)  the  promulgation  of  any requirement  for  solid  waste
    combustion  under  section  129,"    after  subparagraph  (C)  and
    redesignating the succeeding subparagraphs accordingly.  
SEC. 303. RISK ASSESSMENT AND MANAGEMENT COMMISSION.
    (a) Establishment.-There  is hereby established  a Risk Assessment
and  Management Commission (hereafter  referred to in  this section as
the "Commission"), which  shall commence proceedings not later than 18
months after the date of enactment  of the Clean Air Act Amendments of
1990  and  which  shall  make  a  full  investigation  of  the  policy
implications  and  appropriate  uses   of  risk  assessment  and  risk
management  in  regulatory  programs  under various  Federal  laws  to
prevent cancer and other chronic human health effects which may result
from exposure to hazardous substances.
    (b) Charge.-The Commission shall consider-
          (1)  the   report  of  the   National  Academy  of  Sciences
       authorized by section 112(o)  of the Clean Air Act, the use and
       limitations  of  risk assessment  in  establishing  emission or
       effluent  standards,  ambient  standards,  exposure  standards,
       acceptable   concentration   levels,   tolerances    or   other
       environmental criteria for hazardous  substances that present a
       risk of  carcinogenic effects  or other chronic  health effects
       and the suitability of risk assessment for such purposes;
          (2)   the  most   appropriate  methods  for   measuring  and
       describing  cancer  risks  or  risks of  other  chronic  health
       effects from  exposure to hazardous substances considering such
       alternative approaches as the lifetime  risk of cancer or other
       effects  to  the  individual  or individuals  most  exposed  to
       emissions from a source or sources  on both an actual and worst
       case basis, the range of such risks, the total number of health
       effects avoided  by  exposure reductions,  effluent  standards,
       ambient    standards,     exposures    standards,    acceptable
       concentration  levels,  tolerances   and  other   environmental
       criteria,  reductions  in  the  number of  persons  exposed  at
       various  levels of  risk, the  incidence  of cancer,  and other
       public health factors;
          (3)  methods  to reflect  uncertainties  in  measurement and
       estimation   techniques,  the   existence  of   synergistic  or
       antagonistic effects  among hazardous substances,  the accuracy
       of extrapolat-
       ing  human  health risks  from  animal exposure  data,  and the
       existence of  unquantified direct or indirect  effects on human
       health in risk assessment studies;
          (4)  risk  management policy  issues  including  the  use of
       lifetime cancer risks to individuals most exposed, incidence of
       cancer,   the  cost  and   technical  feasibility  of  exposure
       reduction measures and the use of site-specific actual exposure
       information   in   setting   emissions  standards   and   other
       limitations  applicable to  sources  of  exposure to  hazardous
       substances; and
          (5) and comment on  the degree  to which it  is possible  or
       desirable to  develop a consistent risk assessment methodology,
       or  a consistent  standard  of acceptable  risk, among  various
       Federal programs.
    (c) Membership.-Such Commission  shall be composed of  ten members
who shall have knowledge or experience in fields of risk assessment or
risk  management,  including  three members  to  be  appointed  by the
President, two  members to be appointed by the Speaker of the House of
Representatives,  one member to be appointed by the Minority Leader of
the  House  of Representatives,  two members  to  be appointed  by the
Majority  Leader of  the Senate,  one member  to be  appointed by  the
Minority  Leader of the Senate, and one  member to be appointed by the
President  of the National Academy of Sciences.  Appointments shall be
made not later than 18 months after the date of enactment of the Clean
Air Act Amendments of 1990.  
    (d)   Assistance   from   Agencies.-The   Administrator   of   the
Environmental   Protection  Agency   and  the   heads  of   all  other
departments, agencies,  and instrumentalities of the  executive branch
of the  Federal Government shall,  to the maximum  extent practicable,
assist  the Commission in gathering such information as the Commission
deems  necessary to carry out this section subject to other provisions
of law.     (e) Staff and Contracts.-
       (1) In the conduct of  the study required by this  section, the
    Commission is authorized  to contract (in accordance  with Federal
    contract law) with nongovernmental entities that  are competent to
    perform  research   or  investigations   within  the  Commission's
    mandate,  and to  hold public  hearings, forums, and  workshops to
    enable full public participation.
       (2) The Commission may appoint and fix the pay of such staff as
    it deems necessary in accordance  with the provisions of  title 5,
    United  States Code.   The  Commission may  request the  temporary
    assignment of personnel  from the Environmental Protection  Agency
    or other Federal agencies.
       (3)  The  members of  the Commission  who  are not  officers or
    employees of  the United  States, while  attending conferences  or
    meetings  of  the Commission  or  while otherwise  serving at  the
    request of the  Chair, shall  be entitled to  receive compensation
    at a  rate not in  excess of  the maximum  rate of  pay for  Grade
    GS-18, as provided in the  General Schedule under section  5332 of
    title 5  of the  United States  Code, including  travel time,  and
    while  away from  their homes or  regular places  of business they
    may be  allowed travel  expenses, including  per diem  in lieu  of
    subsistence  as authorized by  law for  persons in  the Government
    service employed intermittently.
    (f)  Report.-A report  containing the  results  of all  Commission
studies  and  investigations under  this  section,  together with  any
appropriate    legislative     recommendations    or    administrative
recommendations, shall be made available to the public for comment not
later than 42 months after the date  of enactment of the Clean Air Act
Amendments of  1990 and shall be submitted to the President and to the
Congress not  later than 48 months  after such date of  enactment.  In
the report,  the Commission shall make recommendations with respect to
the  appropriate use of risk assessment and risk management in Federal
regulatory programs to prevent cancer or  other chronic health effects
which  may  result  from  exposure  to  hazardous  substances.     The
Commission  shall cease  to  exist upon  the  date determined  by  the
Commission, but not later  than 9 months after the  submission of such
report.
    (g) Authorization.-There are  authorized to  be appropriated  such
sums as are  necessary to carry out  the activities of the  Commission
established by this section.
SEC. 304. CHEMICAL PROCESS SAFETY MANAGEMENT.
    (a) Chemical  Process  Safety  Standard.-The  Secretary  of  Labor
shall act under  the Occupational  Safety and Health  Act of 1970  (29
U.S.C.  653) to prevent  accidental releases of  chemicals which could
pose a threat to  employees.  Not later than 12 months  after the date
of enactment of the Clean Air Act Amendments of 1990, the Secretary of
Labor,  in coordination  with the  Administrator of  the Environmental
Protection  Agency,  shall promulgate,  pursuant  to  the Occupational
Safety  and Health Act, a chemical process safety standard designed to
protect employees from hazards  associated with accidental releases of
highly hazardous chemicals in the workplace.
    (b)  List  of  Highly  Hazardous  Chemicals.-The  Secretary  shall
include as part of such standard a list of highly hazardous chemicals,
which  include  toxic,   flammable,  highly  reactive   and  explosive
substances.   The list of  such chemicals may  include those chemicals
listed  by  the  Administrator  under  section  302 of  the  Emergency
Planning  and Community Right to Know Act  of 1986.  The Secretary may
make additions to such list when a substance is found to pose a threat
of serious injury or fatality in the event of an accidental release in
the workplace.
    (c) Elements of Safety Standard.-Such standard  shall, at minimum,
require employers to-
       (1) develop and maintain written safety information identifying
    workplace  chemical and  process hazards,  equipment  used in  the
    processes, and technology used in the processes;
       (2)  perform  a  workplace  hazard  assessment,  including,  as
    appropriate,  identification of  potential sources  of  accidental
    releases, an  identification of  any previous  release within  the
    facility   which   had  a   likely   potential  for   catastrophic
    consequences in the workplace, estimation of  workplace effects of
    a range of releases, estimation  of the health and  safety effects
    of such range on employees;
       (3)  consult with  employees and  their representatives  on the
    development and conduct of hazard assessments and the develop-
    ment of chemical accident  prevention plans and provide access  to
    these and other records required under the standard;  
       (4) establish  a  system to  respond  to the  workplace  hazard
    assessment findings, which shall  address prevention,  mitigation,
    and emergency responses;
       (5)  periodically review  the workplace  hazard assessment  and
    response system;
       (6) develop and implement  written operating procedures for the
    chemical process  including procedures  for each operating  phase,
    operating limitations, and safety and health considerations;
       (7)  provide  written  safety  and   operating  information  to
    employees   and   train   employees   in   operating   procedures,
    emphasizing hazards and safe practices;
       (8)  ensure contractors  and  contract  employees are  provided
    appropriate information and training;
       (9) train  and educate  employees and contractors  in emergency
    response  in  a manner  as  comprehensive  and  effective as  that
    required by the regulation promulgated pursuant  to section 126(d)
    of the Superfund Amendments and Reauthorization Act;
       (10)  establish  a quality  assurance  program  to ensure  that
    initial  process  related  equipment,  maintenance materials,  and
    spare parts  are fabricated and  installed consistent with  design
    specifications;
       (11) establish maintenance systems for critical process related
    equipment   including   written  procedures,   employee  training,
    appropriate inspections, and  testing of such equipment  to ensure
    ongoing mechanical integrity;
       (12) conduct pre-start-up safety reviews of all newly installed
    or modified equipment;
       (13)  establish  and  implement written  procedures  to  manage
    change   to   process   chemicals,   technology,   equipment   and
    facilities; and
       (14) investigate every incident which results in  or could have
    resulted in a major accident  in the workplace, with  any findings
    to be  reviewed by operating personnel  and modifications  made if
    appropriate.
    (d) State Authority.-Nothing in  this section may be construed  to
diminish  the  authority  of  the States  and  political  subdivisions
thereof as described in section 112(r)(11) of the Clean Air Act.  
SEC. 305. SOLID WASTE COMBUSTION.
    (a)  Part A of title  I of the Clean Air  Act is amended by adding
the following new section at the end thereof:
"SEC. 129. SOLID WASTE COMBUSTION.
    "(a) New Source Performance Standards.-
       "(1)   In  general.-(A)   The  Administrator   shall  establish
    performance  standards and other  requirements pursuant to section
    111   and  this   section  for   each  category   of  solid  waste
    incineration  units.    Such  standards  shall  include  emissions
    limitations and  other requirements  applicable to  new units  and
    guidelines  (under section  111(d)  and  this section)  and  other
    requirements applicable to existing units.
       "(B) Standards under section 111 and this section applicable to
    solid  waste incineration  units with  capacity  greater than  250
    tons per day combusting  municipal waste shall be  promulgated not
    later  than 12 months after the date of enactment of the Clean Air
    Act Amendments of  1990.  Nothing in this subparagraph shall alter
    any schedule for the promulgation of standards applicable to  such
    units under  section 111  pursuant to  any settlement  and consent
    decree entered by the Administrator  before the date of  enactment
    of the  Clean Air  Act Amendments  of 1990:  Provided, That,  such
    standards  are  subsequently  modified  pursuant  to  the schedule
    established  in   this  subparagraph  to   include  each  of   the
    requirements of this section.
       "(C) Standards under section 111 and this section applicable to
    solid  waste incineration  units with  capacity equal  to or  less
    than  250  tons  per  day  combusting municipal  waste  and  units
    combusting  hospital waste,  medical  waste and  infectious  waste
    shall be promulgated  not later than  24 months after the  date of
    enactment of the Clean Air Act Amendments of 1990.
       "(D) Standards under section 111 and this section applicable to
    solid   waste   incineration  units   combusting   commercial   or
    industrial waste shall  be proposed not later than 36 months after
    the  date of enactment of the Clean Air Act Amendments of 1990 and
    promulgated  not  later   than  48  months  after  such   date  of
    enactment.
       "(E) Not later  than 18 months  after the date of  enactment of
    the Clean  Air Act  Amendments of  1990,  the Administrator  shall
    publish  a  schedule  for  the  promulgation  of  standards  under
    section  111 and  this section  applicable to other  categories of
    solid waste incineration units. 
       "(2)  Emissions standard.-Standards  applicable to  solid waste
    incineration units promulgated under section 111  and this section
    shall reflect the  maximum degree of reduction in emissions of air
    pollutants  listed under  section (a)(4)  that  the Administrator,
    taking  into consideration  the cost  of  achieving such  emission
    reduction,  and  any  non-air  quality  health  and  environmental
    impacts and energy requirements, determines is  achievable for new
    or  existing  units  in  each category.    The  Administrator  may
    distinguish    among   classes,    types   (including   mass-burn,
    refuse-derived fuel, modular  and other types of units), and sizes
    of units  within a category in  establishing such  standards.  The
    degree of  reduction in  emissions that is  deemed achievable  for
    new  units in  a category  shall not  be less  stringent  than the
    emissions  control  that  is  achieved  in  practice  by the  best
    controlled  similar  unit, as  determined  by  the  Administrator.
    Emissions standards for existing units  in a category may  be less
    stringent than  standards for new units  in the  same category but
    shall  not be less stringent than the average emissions limitation
    achieved  by  the best  performing  12  percent  of  units in  the
    category  (excluding  units  which  first  met  lowest  achievable
    emissions  rates 18  months  before the  date such  standards  are
    proposed  or  30  months  before  the  date  such  standards   are
    promulgated, whichever is later).
       "(3) Control methods  and technologies.-Standards under section
    111 and this section applicable to solid waste in-
    cineration  units shall  be based on  methods and technologies for
    removal  or destruction  of pollutants  before,  during, or  after
    combustion,   and  shall   incorporate   for   new  units   siting
    requirements  that  minimize, on  a site  specific  basis,  to the
    maximum extent  practicable, potential risks  to public health  or
    the environment.
       "(4) Numerical emissions limitations.-The performance standards
    promulgated under section 111 and  this section and applicable  to
    solid waste  incineration units  shall specify numerical  emission
    limitations for  the following substances or mixtures: particulate
    matter   (total  and  fine),   opacity  (as  appropriate),  sulfur
    dioxide,  hydrogen chloride, oxides of  nitrogen, carbon monoxide,
    lead,  cadmium,  mercury,  and dioxins  and  dibenzofurans.    The
    Administrator may  promulgate numerical  emissions limitations  or
    provide  for the  monitoring  of postcombustion  concentrations of
    surrogate substances, parameters  or periods of residence  time in
    excess of  stated temperatures  with respect  to pollutants  other
    than those listed in this paragraph.
       "(5) Review and revision.-Not later than  5 years following the
    initial  promulgation  of  any  performance  standards  and  other
    requirements  under this section and  section 111  applicable to a
    category  of  solid  waste  incineration  units,  and  at  5  year
    intervals  thereafter,  the Administrator  shall  review,  and  in
    accordance  with  this  section  and  section   111,  revise  such
    standards and requirements.
    "(b) Existing Units.-
       "(1)  Guidelines.-Performance standards under  this section and
    section  111 for  solid  waste  incineration units  shall  include
    guidelines   promulgated  pursuant  to  section  111(d)  and  this
    section  applicable  to  existing  units.  Such  guidelines  shall
    include,  as provided  in  this  section,  each  of  the  elements
    required    by    subsection    (a)    (emissions     limitations,
    notwithstanding   any  restriction  in  section  111(d)  regarding
    issuance  of  such   limitations),  subsection  (c)  (monitoring),
    subsection (d) (operator training), subsection  (e) (permits), and
    subsection (h)(4) (residual risk).
       "(2) State plans.-Not later than 1 year after the Administrator
    promulgates guidelines for a category of  solid waste incineration
    units,  each State  in which units  in the  category are operating
    shall submit to  the Administrator a plan to implement and enforce
    the guidelines  with respect to such  units. The  State plan shall
    be  at least  as protective as  the guidelines  promulgated by the
    Administrator and  shall provide  that  each unit  subject to  the
    guidelines shall  be in compliance with  all requirements  of this
    section not later than  3 years after  the State plan is  approved
    by  the  Administrator  but  not  later  than  5  years  after the
    guidelines were  promulgated. The Administrator  shall approve  or
    disapprove any State plan within  180 days of the  submission, and
    if  a  plan  is disapproved,  the  Administrator  shall  state the
    reasons  for disapproval  in  writing. Any  State may  modify  and
    resubmit a plan which has been disapproved by the Administrator.
       "(3) Federal plan.-The  Administrator shall develop,  implement
    and enforce a plan for existing solid waste incineration 
    units  within any  category  located in  any  State which  has not
    submitted an  approvable plan under  this subsection with  respect
    to units in such category within 2  years after the date on  which
    the  Administrator promulgated the  relevant guidelines. Such plan
    shall assure that each unit  subject to the plan is in  compliance
    with  all provisions  of  the guidelines  not  later than  5 years
    after the date the relevant guidelines are promulgated.
    "(c)  Monitoring.-The  Administrator   shall,  as  part   of  each
performance  standard  promulgated  pursuant  to  subsection  (a)  and
section 111, promulgate regulations requiring the owner or operator of
each solid waste incineration unit-
       "(1)  to monitor emissions from the unit  at the point at which
    such  emissions are  emitted into the  ambient air  (or within the
    stack,  combustion  chamber or  pollution  control  equipment,  as
    appropriate) and  at  such other  points as  necessary to  protect
    public health and the environment;
       "(2) to monitor such other parameters relating to the operation
    of  the  unit   and  its  pollution  control  technology   as  the
    Administrator determines are appropriate; and
       "(3) to report the results of such monitoring.
Such regulations  shall contain provisions regarding  the frequency of
monitoring,  test  methods and  procedures  validated  on solid  waste
incineration units, and  the form and frequency  of reports containing
the  results  of  monitoring  and shall  require  that  any monitoring
reports or test results indicating an exceedance of any standard under
this  section  shall  be reported  separately  and  in  a manner  that
facilitates  review  for  purposes   of  enforcement  actions.    Such
regulations  shall  require  that  copies  of   the  results  of  such
monitoring  be maintained on file  at the facility  concerned and that
copies   shall  be  made  available  for  inspection  and  copying  by
interested members of the public during business hours.
    "(d)  Operator  Training.-Not  later  than  24  months  after  the
enactment of the Clean  Air Act Amendments of 1990,  the Administrator
shall develop  and promote a model State  program for the training and
certification  of   solid  waste   incineration  unit   operators  and
high-capacity fossil  fuel fired  plant operators.   The Administrator
may authorize any State to implement  a model program for the training
of solid  waste incineration  unit operators and  high-capacity fossil
fuel  fired plant operators, if the  State has adopted a program which
is  at  least  as effective  as  the model  program  developed  by the
Administrator.   Beginning on  the date  36 months after  the date  on
which  performance  standards  and guidelines  are  promulgated  under
subsection  (a)  and  section 111  for  any  category  of solid  waste
incineration  units it shall  be unlawful to  operate any  unit in the
category  unless each  person  with control  over processes  affecting
emissions  from  such unit  has  satisfactorily  completed a  training
program  meeting  the  requirements established  by  the Administrator
under this subsection.
    "(e) Permits.-Beginning (1) 36 months  after the promulgation of a
performance standard  under subsection (a) and  section 111 applicable
to a category of solid waste incineration units, or (2) the  effective
date of a permit program under title V in the State  in which the unit
is  located, whichever  is  later, each  unit  in the  category  shall
operate pursuant to a permit issued under this subsection and 
title V.  Permits required by this subsection may be renewed according
to  the provisions of title V.  Notwithstanding any other provision of
this Act, each permit  for a solid waste incineration  unit combusting
municipal waste issued under this Act shall be issued for  a period of
up to  12 years  and shall  be reviewed  every 5  years after  date of
issuance  or reissuance.  Each  permit shall continue  in effect after
the  date  of  issuance until  the  date  of  termination, unless  the
Administrator or State determines  that the unit is not  in compliance
with  all  standards and  conditions contained  in  the permit.   Such
determination  shall be made at  regular intervals during  the term of
the permit,  such  intervals not  to exceed  5 years,  and only  after
public  comment  and public  hearing.   No  permit  for a  solid waste
incineration  unit  may  be  issued  under  this  Act  by  an  agency,
instrumentality  or person that is also responsible, in whole or part,
for   the  design  and   construction  or   operation  of   the  unit.
Notwithstanding   any  other   provision  of   this  subsection,   the
Administrator or the State shall require the owner or  operator of any
unit  to comply  with  emissions limitations  or  implement any  other
measures, if the Administrator or the  State determines that emissions
in  the  absence of  such limitations  or  measures may  reasonably be
anticipated to  endanger  public  health  or  the  environment.    The
Administrator's  determination  under  the  preceding  sentence  is  a
discretionary decision.
    "(f) Effective Date and Enforcement.-
       "(1)  New units.-Performance  standards and  other requirements
    promulgated  pursuant  to   this  section  and  section   111  and
    applicable  to  new  solid  waste  incineration   units  shall  be
    effective as of the date 6 months after the date of promulgation.
       "(2)   Existing   units.-Performance   standards    and   other
    requirements promulgated pursuant to this section  and section 111
    and applicable  to existing solid  waste incineration units  shall
    be effective as  expeditiously as practicable after approval  of a
    State plan under subsection (b)(2)  (or promulgation of a  plan by
    the Administrator under  subsection (b)(3)) but in  no event later
    than 3  years after the  State plan is approved  or 5 years  after
    the  date  such   standards  or   requirements  are   promulgated,
    whichever is earlier.
       "(3) Prohibition.-After the  effective date of  any performance
    standard,  emission  limitation  or other  requirement promulgated
    pursuant  to this  section and section  111, it  shall be unlawful
    for any owner or  operator of any solid waste incineration unit to
    which such standard, limitation or requirement  applies to operate
    such  unit   in  violation   of  such   limitation,  standard   or
    requirement  or for  any other  person  to  violate an  applicable
    requirement of this section.
       "(4)  Coordination  with  other  authorities.-For  purposes  of
    sections  111(e), 113,  114,  116, 120,  303,  304, 307  and other
    provisions  for the  enforcement  of  this Act,  each  performance
    standard,  emission limitation  or  other  requirement established
    pursuant to this section by the Administrator or a State or  local
    government, shall be treated  in the same manner as  a standard of
    performance under section 111 which is an emission limitation.
    "(g)  Definitions.-For purposes of  section 306  of the  Clean Air
Act Amendments of 1990 and this section only-
       "(1)  Solid  waste  incineration  unit.-The  term  `solid waste
    incineration  unit'  means  a  distinct  operating   unit  of  any
    facility which combusts  any solid waste material  from commercial
    or  industrial  establishments or  the  general public  (including
    single and  multiple residences, hotels,  and motels).  Such  term
    does not  include incinerators or other  units required  to have a
    permit  under section 3005 of  the Solid Waste  Disposal Act.  The
    term  `solid  waste  incineration  unit'  does   not  include  (A)
    materials  recovery  facilities  (including  primary or  secondary
    smelters)  which  combust   waste  for  the  primary   purpose  of
    recovering   metals,  (B)   qualifying  small   power   production
    facilities,  as defined in section  3(17)(C) of  the Federal Power
    Act   (16   U.S.C.   769(17)(C)),   or   qualifying   cogeneration
    facilities, as  defined in section  3(18)(B) of the Federal  Power
    Act (16 U.S.C. 796(18)(B)), which burn homogeneous waste (such  as
    units  which   burn  tires   or  used   oil,  but   not  including
    refuse-derived fuel) for the production  of electric energy or  in
    the   case  of  qualifying   cogeneration  facilities  which  burn
    homogeneous waste for the production of electric energy  and steam
    or  forms of  useful  energy (such  as  heat) which  are  used for
    industrial, commercial,  heating or cooling  purposes, or (C)  air
    curtain  incinerators provided  that  such incinerators  only burn
    wood wastes,  yard  wastes and  clean  lumber  and that  such  air
    curtain  incinerators   comply  with  opacity  limitations  to  be
    established by the Administrator by rule.
       "(2)  New solid  waste incineration  unit.-The term  `new solid
    waste incineration  unit' means  a solid  waste incineration  unit
    the construction  of which  is commenced  after the  Administrator
    proposes requirements  under this  section establishing  emissions
    standards or other  requirements which would be applicable to such
    unit or a modified solid waste incineration unit.
       "(3) Modified solid waste incineration unit.-The term `modified
    solid waste  incineration unit' means  a solid waste  incineration
    unit  at which  modifications have  occurred  after the  effective
    date of  a standard  under subsection  (a) if  (A) the  cumulative
    cost of the modifications,  over the life of  the unit, exceed  50
    per centum of the  original cost of construction and  installation
    of  the  unit (not  including the  cost of  any land  purchased in
    connection  with  such construction  or  installation) updated  to
    current costs,  or (B) the modification is a physical change in or
    change in the method  of operation of the unit which increases the
    amount  of  any  air  pollutant  emitted  by  the  unit  for which
    standards  have been  established under  this  section or  section
    111.
       "(4) Existing solid waste incineration unit.-The term `existing
    solid waste incineration unit' means  a solid waste unit  which is
    not a new or modified solid waste incineration unit.
       "(5)  Municipal waste.-The term  `municipal waste' means refuse
    (and refuse-derived  fuel) collected from  the general public  and
    from   residential,  commercial,   institutional,  and  industrial
    sources  consisting of  paper,  wood,  yard wastes,  food  wastes,
    plastics, leather,  rubber, and  other  combustible materials  and
    non-combustible materials such as metal, glass and rock, provid-
    ed that: (A) the term  does not include industrial  process wastes
    or medical wastes  that are segregated from such other wastes; and
    (B) an incineration  unit shall not be considered to be combusting
    municipal waste for purposes of section 111 or  this section if it
    combusts a fuel feed  stream, 30 percent or less of the  weight of
    which is comprised, in aggregate, of municipal waste.
       "(6) Other terms.-The terms solid waste and medical waste shall
    have the  meanings established  by the  Administrator pursuant  to
    the Solid Waste Disposal Act.
    "(h) Other Authority.-
       "(1) State authority.-Nothing in this section shall preclude or
    deny the  right of any State  or political  subdivision thereof to
    adopt  or  enforce  any  regulation,  requirement,  limitation  or
    standard relating to  solid waste incineration units that  is more
    stringent than a  regulation, requirement, limitation  or standard
    in effect under this section or under any other  provision of this
    Act.
       "(2) Other  authority under  this act.-Nothing in  this section
    shall diminish  the authority of the  Administrator or  a State to
    establish  any  other  requirements  applicable  to  solid   waste
    incineration units  under any  other authority  of law,  including
    the  authority  to  establish for  any  air  pollutant  a national
    ambient  air  quality   standard,  except  that  no   solid  waste
    incineration  unit subject  to  performance  standards under  this
    section and  section  111  shall  be subject  to  standards  under
    section 112(d) of this Act.
       "(3)   Residual   risk.-The   Administrator  shall   promulgate
    standards  under  section 112(f)  for  a category  of solid  waste
    incineration units, if promulgation of such  standards is required
    under section 112(f).   For  purposes of  this preceding  sentence
    only-
          "(A) the  performance  standards under  subsection  (a)  and
       section   111  applicable   to  a   category  of   solid  waste
       incineration units  shall  be deemed  standards  under  section
       112(d)(2), and
          "(B)  the  Administrator shall  consider  and  regulate,  if
       required, the pollutants listed  under subsection (a)(4) and no
       others.
       "(4)  Acid rain.-A solid waste incineration unit shall not be a
    utility unit  as defined in title IV: Provided, That, more than 80
    per centum  of its annual average  fuel consumption  measured on a
    Btu basis,  during a  period or periods  to be  determined by  the
    Administrator,  is from  a fuel (including  any waste  burned as a
    fuel) other than a fossil fuel.
       "(5)  Requirements  of parts  c  and  d.-No  requirement of  an
    applicable  implementation  plan under  section  165 (relating  to
    construction of  facilities  in  regions  identified  pursuant  to
    section 107(d)(1)(A)  (ii) or  (iii)) or  under section  172(c)(5)
    (relating   to  permits   for   construction  and   operation   in
    nonattainment  areas) may  be  used  to weaken  the  standards  in
    effect under this section.".
    (b) Conforming Amendment.-Section  169(1) of the Clean  Air Act is
amended by  striking "two  hundred and" after  "municipal incinerators
capable of charging more than".
    (c)  Review  of  Acid Gas  Scrubbing  Requirements.-Prior  to  the
promulgation of any performance  standard for solid waste incineration
units combusting municipal waste  under section 111 or section  129 of
the  Clean Air Act, the Administrator shall review the availability of
acid gas scrubbers  as a  pollution control technology  for small  new
units and for existing units (as defined in 54  Federal Register 52190
(December 20, 1989), taking into account the provisions of  subsection
(a)(2) of section 129 of the Clean Air Act.  
SEC. 306. ASH MANAGEMENT AND DISPOSAL.
    For a period of  2 years after the date of enactment of  the Clean
Air  Act Amendments of 1990,  ash from solid  waste incineration units
burning municipal waste shall not be regulated by the Administrator of
the Environmental Protection  Agency pursuant to  section 3001 of  the
Solid Waste Disposal Act.  Such reference and limitation shall  not be
construed  to prejudice, endorse  or otherwise affect  any activity by
the  Administrator  following  the  2-year  period  from  the  date of
enactment of the Clean Air Act Amendments of 1990.  

                   TITLE IV-ACID DEPOSITION CONTROL
  
Sec. 401. Acid deposition control.  
Sec. 402. Fossil fuel use.  
Sec. 403. Repeal of percent reduction.  
Sec. 404. Acid deposition standards.  
Sec. 405. National acid lakes registry.  
Sec. 406. Industrial SO2 Emissions.  
Sec. 407. Sense of the Congress on emission reductions costs.  
Sec. 408. Monitor acid rain program in Canada.  
Sec. 409. Report on clean coals technologies export programs.  
Sec.  410.  Acid deposition  research by  the  United States  Fish and
Wildlife Service.
Sec. 411. Study of buffering and neutralizing agents.  
Sec. 412. Conforming amendment.  
Sec. 413. Special clean coal technology project.  

SEC. 401. ACID DEPOSITION CONTROL.
    The Clean  Air Act is  amended by adding  the following new  title
after title III:
                   "TITLE IV-ACID DEPOSITION CONTROL
"Sec. 401. Findings and purpose.  
"Sec. 402. Definitions.  
"Sec. 403.  Sulfur  dioxide allowance  program  for existing  and  new
units.  
"Sec. 404. Phase I sulfur dioxide requirements.  
"Sec. 405. Phase II sulfur dioxide requirements.  
"Sec. 406. Allowances for States with emissions rates at or below 0.80
lbs/mmBtu.
"Sec. 407. Nitrogen oxides emission reduction program.  
"Sec. 408. Permits and compliance plans.  
"Sec. 409. Repowered sources.  
"Sec. 410. Election for additional sources.  
"Sec. 411. Excess emissions penalty.  
"Sec. 412. Monitoring, reporting, and recordkeeping requirements.  
"Sec. 413. General compliance with other provisions.  
"Sec. 414. Enforcement.  
"Sec. 415. Clean coal technology regulatory incentives.  
"Sec. 416. Contingency guarantee; auctions, reserve.

"SEC. 401. FINDINGS AND PURPOSES.
    "(a) Findings.-The Congress finds that-
       "(1) the  presence of acidic compounds and  their precursors in
    the atmosphere and in deposition from the atmosphere repre-
    sents  a  threat  to  natural  resources,  ecosystems,  materials,
    visibility, and public health;
       "(2)  the principal sources  of the acidic  compounds and their
    precursors in the atmosphere are  emissions of sulfur and nitrogen
    oxides from the combustion of fossil fuels;
       "(3)  the  problem  of  acid  deposition  is  of  national  and
    international significance;
       "(4) strategies and technologies  for the control of precursors
    to acid deposition  exist now that are economically  feasible, and
    improved methods  are expected  to  become increasingly  available
    over the next decade;
       "(5)  current  and  future  generations of  Americans  will  be
    adversely affected by delaying measures to remedy the problem;
       "(6) reduction  of total atmospheric loading  of sulfur dioxide
    and  nitrogen oxides will enhance  protection of the public health
    and welfare and the environment; and
       "(7)  control  measures  to  reduce  precursor  emissions  from
    steam-electric   generating  units  should  be  initiated  without
    delay.
    "(b) Purposes.-The purpose  of this title is to reduce the adverse
effects of acid  deposition through reductions in annual  emissions of
sulfur dioxide of ten million tons from 1980  emission levels, and, in
combination  with other  provisions of  this Act,  of nitrogen  oxides
emissions of approximately two million tons from 1980 emission levels,
in  the forty-eight contiguous States and the District of Columbia. It
is the intent of this title to effectuate such reductions by requiring
compliance by affected sources with prescribed emission limitations by
specified deadlines, which limitations  may be met through alternative
methods of compliance provided by an emission allocation  and transfer
system.  It is  also the  purpose of  this  title to  encourage energy
conservation, use of renewable and clean alternative technologies, and
pollution  prevention as  a long-range  strategy, consistent  with the
provisions of this title, for reducing air pollution and other adverse
impacts of energy production and use.
"SEC. 402. DEFINITIONS.
    "As used in this title:
       "(1) The term  `affected source' means  a source that  includes
    one or more affected units.
       "(2) The term `affected unit' means  a unit that is subject  to
    emission reduction requirements or limitations under this title. 
       "(3) The term `allowance'  means an authorization, allocated to
    an affected unit by the  Administrator under this title,  to emit,
    during  or after  a  specified calendar  year,  one ton  of sulfur
    dioxide.
       "(4) The  term `baseline' means  the annual quantity  of fossil
    fuel  consumed  by  an  affected unit,  measured  in  millions  of
    British Thermal Units (`mmBtu's'), calculated as follows:
          "(A) For each utility unit that was in commercial  operation
       prior  to January  1, 1985,  the baseline  shall be  the annual
       average quantity  of mmBtu's  consumed in fuel  during calendar
       years  1985, 1986, and 1987,  as recorded by  the Department of
       Energy pursuant to  Form 767.  For any utility  unit for  which
       such form was not filed, the baseline 
       shall be the level specified for such unit in the 1985 National
       Acid   Precipitation   Assessment  Program   (NAPAP)  Emissions
       Inventory, Version 2, National Utility Reference File (NURF) or
       in a corrected  data base as  established by the  Administrator
       pursuant to paragraph (3).  For non-utility units, the baseline
       is the NAPAP Emissions Inventory, Version 2. The Administrator,
       in  the Administrator's  sole discretion,  may  exclude periods
       during which a unit is shutdown for a continuous period of four
       calendar  months or  longer, and  make  appropriate adjustments
       under this paragraph.   Upon petition of the owner  or operator
       of any  unit, the  Administrator may make  appropriate baseline
       adjustments for accidents that caused prolonged outages.
          "(B) For any  other nonutility unit that is not  included in
       the NAPAP Emissions  Inventory, Version 2, or  a corrected data
       base as established by  the Administrator pursuant to paragraph
       (3), the  baseline  shall be  the annual  average quantity,  in
       mmBtu  consumed in fuel by that unit, as calculated pursuant to
       a method which the  administrator shall prescribe by regulation
       to  be  promulgated  not   later  than  eighteen  months  after
       enactment of the Clean Air Act Amendments of 1990.
          "(C) The Administrator shall, upon application or on his own
       motion, by December 31, 1991, supplement data needed in support
       of this title and correct any factual errors in data from which
       affected  Phase II  units'  baselines or  actual 1985  emission
       rates have been  calculated. Corrected data  shall be used  for
       purposes   of  issuing   allowances   under  the   title.  Such
       corrections shall not be subject  to judicial review, nor shall
       the failure of the Administrator to  correct an alleged factual
       error in such reports be subject to judicial review.
       "(5) The  term `capacity  factor' means the  ratio between  the
    actual  electric output  from a  unit and  the  potential electric
    output from that unit. 
       "(6)  The term  `compliance plan'  means, for  purposes of  the
    requirements of this title, either- 
          "(A)  a  statement  that  the  source will  comply  with all
       applicable requirements under this title, or 
          "(B)  where applicable,  a schedule  and description  of the
       method or methods for compliance and certification by the owner
       or   operator  that  the  source  is  in  compliance  with  the
       requirements of this title.
       "(7)  The term `continuous  emission monitoring  system' (CEMS)
    means the  equipment as required by  section 412,  used to sample,
    analyze, measure, and provide  on a  continuous basis a  permanent
    record of  emissions and  flow (expressed  in  pounds per  million
    British thermal  units (lbs/mmBtu),  pounds per  hour (lbs/hr)  or
    such other form as the Administrator may prescribe  by regulations
    under section 412). 
       "(8) The  term `existing  unit' means a  unit (including  units
    subject  to  section  111)  that  commenced  commercial  operation
    before 
    the  date of enactment  of the  Clean Air Act  Amendments of 1990.
    Any unit that  commenced commercial  operation before the  date of
    enactment  of  the Clean  Air  Act  Amendments  of  1990 which  is
    modified, reconstructed, or repowered after the  date of enactment
    of the Clean  Air Act Amendments of  1990 shall continue to  be an
    existing unit for the purposes of this title. For the purposes  of
    this title,  existing units  shall not  include simple  combustion
    turbines,  or  units which  serve  a  generator  with a  nameplate
    capacity of 25MWe or less. 
       "(9)  The  term  `generator'   means  a  device  that  produces
    electricity and which  is reported  as a generating  unit pursuant
    to Department of Energy Form 860.
       "(10)  The  term   `new  unit'  means  a  unit  that  commences
    commercial operation  on or  after the  date of  enactment of  the
    Clean Air Act Amendments of 1990.
       "(11) The term `permitting  authority' means the Administrator,
    or the  State  or local  air  pollution  control agency,  with  an
    approved permitting program under part B of title III of the Act.
       "(12) The  term `repowering'  means replacement of  an existing
    coal-fired  boiler   with  one   of  the   following  clean   coal
    technologies:    atmospheric   or    pressurized   fluidized   bed
    combustion,     integrated    gasification     combined     cycle,
    magnetohydrodynamics,  direct  and indirect  coal-fired  turbines,
    integrated  gasification  fuel  cells, or  as  determined  by  the
    Administrator, in  consultation with  the Secretary  of Energy,  a
    derivative  of one  or more of  these technologies,  and any other
    technology capable  of controlling  multiple combustion  emissions
    simultaneously with improved  boiler or generation efficiency  and
    with   significantly  greater  waste  reduction  relative  to  the
    performance of technology in  widespread commercial use as  of the
    date  of  enactment of  the  Clean  Air  Act  Amendments of  1990.
    Notwithstanding the provisions of section 409(a),  for the purpose
    of this  title, the term `repowering'  shall also  include any oil
    and/or  gas-fired   unit  which  has   been  awarded  clean   coal
    technology  demonstration funding as  of January  1, 1991,  by the
    Department of Energy. 
       "(13)  The   term  `reserve'  means  any   bank  of  allowances
    established by the Administrator under this title.
       "(14)  The term `State' means  one of the  48 contiguous States
    and the District of Columbia. 
       "(15)  The term  `unit'  means a  fossil fuel-fired  combustion
    device. 
       "(16)  The  term  `actual  1985 emission  rate',  for  electric
    utility units means the annual  sulfur dioxide or nitrogen  oxides
    emission rate in  pounds per million Btu as  reported in the NAPAP
    Emissions  Inventory, Version 2,  National Utility Reference File.
    For nonutility  units, the term `actual  1985 emission rate' means
    the  annual sulfur  dioxide or  nitrogen  oxides emission  rate in
    pounds  per  million  Btu  as   reported  in  the  NAPAP  Emission
    Inventory, Version 2. 
       "(17)(A) The term `utility unit' means-
          "(i)  a unit  that  serves  a generator  in any  State  that
       produces electricity for sale, or
            "(ii) a unit  that, during 1985, served a generator in any
          State that produced electricity for sale.
       "(B)  Notwithstanding subparagraph  (A),  a unit  described  in
    subparagraph (A) that-
          "(i) was in commercial operation during 1985, but 
          "(ii) did not,  during 1985, serve a generator in  any State
       that  produced electricity for sale shall not be a utility unit
       for purposes of this title.
       "(C) A unit  that cogenerates  steam and electricity  is not  a
    `utility  unit' for  purposes  of this  title  unless the  unit is
    constructed   for  the   purpose   of  supplying,   or   commences
    construction  after  the  date  of enactment  of  this  title  and
    supplies, more  than one-third  of its  potential electric  output
    capacity and  more than  25  megawatts  electrical output  to  any
    utility power distribution system for sale.
       "(18)  The  term  `allowable   1985  emissions  rate'  means  a
    federally enforceable emissions  limitation for sulfur  dioxide or
    oxides  of  nitrogen,  applicable  to  the  unit  in  1985  or the
    limitation applicable in such other subsequent  year as determined
    by the  Administrator  if such  a  limitation  for 1985  does  not
    exist. Where the  emissions limitation for a unit is not expressed
    in pounds  of emissions per million  Btu, or  the averaging period
    of that emissions  limitation is not expressed on an annual basis,
    the Administrator  shall calculate the  annual equivalent of  that
    emissions limitation  in pounds per  million Btu to establish  the
    allowable 1985 emissions rate.
       "(19)  The  term  `qualifying   phase  I  technology'  means  a
    technological  system  of  continuous  emission   reduction  which
    achieves a  90 percent  reduction in emissions  of sulfur  dioxide
    from the emissions that would have resulted from the use of  fuels
    which were not subject to treatment prior to combustion.
       "(20)  The  term `alternative  method  of  compliance' means  a
    method  of  compliance in  accordance  with  one  or  more of  the
    following authorities:
          "(A)  a   substitution  plan   submitted  and  approved   in
       accordance with subsections 404 (b) and (c);
          "(B)  a Phase I extension plan approved by the Administrator
       under section  404(d), using  qualifying phase I  technology as
       determined  by  the  Administrator   in  accordance  with  that
       section; or
          "(C) repowering  with  a qualifying  clean  coal  technology
       under section 409.
       "(21) The  term `commenced' as  applied to construction  of any
    new electric  utility unit  means that  an owner  or operator  has
    undertaken a continuous  program of construction or  that an owner
    or  operator  has   entered  into  a  contractual   obligation  to
    undertake and  complete, within  a reasonable  time, a  continuous
    program of construction.
       "(22) The  term `commenced commercial operation'  means to have
    begun to generate electricity for sale.
       "(23) The  term `construction' means fabrication,  erection, or
    installation of an affected unit.
       "(24) The term `industrial  source' means a unit that  does not
    serve a generator  that produces electricity, a  `nonutility unit'
    as defined  in this  section, or a  process source  as defined  in
    section 410(e).
       "(25)  The term  `nonutility unit'  means a  unit other  than a
    utility unit.
       "(26)  The term `designated representative' means a responsible
    person or official authorized  by the owner or operator of  a unit
    to represent  the owner or operator  in matters  pertaining to the
    holding, transfer,  or disposition  of allowances  allocated to  a
    unit, and the submission  of and  compliance with permits,  permit
    applications, and compliance plans for the unit.
       "(27)  The  term  `life-of-the-unit,  firm   power  contractual
    arrangement'  means a  unit  participation  power sales  agreement
    under which  a  utility  or industrial  customer  reserves, or  is
    entitled to receive,  a specified amount or percentage of capacity
    and associated  energy generated  by a  specified generating  unit
    (or units) and pays its  proportional amount of such  unit's total
    costs, pursuant to a contract either-
          "(A) for the life of the unit;
          "(B)  for  a  cumulative  term  of no  less  than  30 years,
       including  contracts  that   permit  an   election  for   early
       termination; or
          "(C) for  a period equal to  or greater than  25 years or 70
       percent of the economic  useful life of the unit  determined as
       of the time the unit was built, with  option rights to purchase
       or re-lease some portion of  the capacity and associated energy
       generated by the unit (or units) at the end of the period.
       "(28) The term `basic Phase II allowance allocations' means:
          "(A)   For  calendar  years  2000  through  2009  inclusive,
       allocations of allowances made by the Administrator pursuant to
       section 403 and subsections (b)(1), (3),  and (4); (c)(1), (2),
       (3), and (5); (d)(1), (2), (4), and (5); (e); (f); (g)(1), (2),
       (3), (4), and (5); (h)(1); (i) and (j) of section 405.
          "(B) For  each calendar year  beginning in 2010, allocations
       of allowances made by the Administrator pursuant to section 403
       and  subsections (b)(1), (3),  and (4);  (c)(1), (2),  (3), and
       (5); (d)(1), (2), (4) and (5); (e); (f); (g)(1), (2), (3), (4),
       and (5); (h)(1) and (3); (i) and (j) of section 405.
       "(29) The  term `Phase  II bonus allowance  allocations' means,
    for calendar year  2000 through 2009, inclusive, and only for such
    years, allocations made  by the Administrator pursuant  to section
    403,  subsections  (a)(2),  (b)(2),  (c)(4),  (d)(3)   (except  as
    otherwise  provided  therein),  and (h)(2)  of  section  405,  and
    section 406.
"SEC. 403.  SULFUR  DIOXIDE ALLOWANCE  PROGRAM  FOR EXISTING  AND  NEW
UNITS. 
    "(a)  Allocations  of  Annual  Allowances  for  Existing  and  New
Units.-(1) For the emission limitation  programs under this title, the
Administrator shall allocate  annual allowances  for the  unit, to  be
held or distributed by  the designated representative of the  owner or
operator of each  affected unit  at an affected  source in  accordance
with this title,  in an amount  equal to  the annual tonnage  emission
limitation  calculated under section 404, 405, 406, 409, or 410 except
as otherwise specifically provided elsewhere in this  title. Except as
provided  in sections  405(a)(2),  405(a)(3), 409  and 410,  beginning
January 1, 2000, the Administrator shall not allocate 
annual  allowances to emit sulfur  dioxide pursuant to  section 405 in
such an  amount as would  result in total  annual emissions of  sulfur
dioxide from utility  units in excess of 8.90 million tons except that
the  Administrator  shall  not  take into  account  unused  allowances
carried forward by owners and operators of  affected units or by other
persons  holding such allowances,  following the  year for  which they
were allocated. If  necessary to meeting  the restrictions imposed  in
the preceding  sentence, the Administrator shall reduce, pro rata, the
basic  Phase II  allowance allocations  for each  unit subject  to the
requirements of section 405. Subject to the provisions of section 416,
the Administrator shall allocate allowances for each affected  unit at
an affected source annually, as provided in paragraphs (2) and (3) and
section 408. Except as  provided in sections 409 and  410, the removal
of  an existing affected unit  or source from  commercial operation at
any  time  after the  date  of  the enactment  of  the  Clean Air  Act
Amendments  of 1990  (whether  before or  after  January 1,  1995,  or
January  1,   2000)  shall  not  terminate  or  otherwise  affect  the
allocation of allowances  pursuant to section 404 or  405 to which the
unit  is entitled.  Allowances shall be allocated by the Administrator
without  cost  to the  recipient, except  for  allowances sold  by the
Administrator pursuant  to section  416. Not later  than December  31,
1991, the Administrator  shall publish  a proposed list  of the  basic
Phase  II   allowance  allocations,  the  Phase   II  bonus  allowance
allocations  and,  if  applicable,  allocations  pursuant  to  section
405(a)(3)  for   each  unit   subject  to  the   emissions  limitation
requirements of section 405 for the year 2000 and the year 2010. After
notice and opportunity for public comment, but not later than December
31,  1992,  the  Administrator shall  publish  a  final  list of  such
allocations, subject to the provisions of section 405(a)(2). Any owner
or operator of an existing unit subject to the requirements of section
405(b) or  (c) who  is considering  applying for  an extension of  the
emission limitation requirement compliance deadline for that unit from
January 1, 2000, until not  later than December 31, 2000, pursuant  to
section  409, shall notify the  Administrator no later  than March 31,
1991.  Such notification shall be used as the basis for estimating the
basic  Phase II  allowances under  this subsection.  Prior to  June 1,
1998, the Administrator  shall publish  a revised  final statement  of
allowance allocations, subject to  the provisions of section 405(a)(2)
and taking into account  the effect of any compliance  date extensions
granted  pursuant to section 409  on such allocations.  Any person who
may  make  an  election concerning  the  amount  of  allowances to  be
allocated to  a unit or units  shall make such election  and so inform
the Administrator not  later than March  31, 1991, in  the case of  an
election  under section  405 (or  June  30, 1991,  in the  case of  an
election  under  section  406). If  such  person  fails  to make  such
election, the Administrator  shall set  forth for each  unit owned  or
operated  by such  person,  the amount  of  allowances reflecting  the
election that would, in the judgment of the Administrator, provide the
greatest benefit for the owner or operator of the unit. If such person
is  a Governor  who may  make an  election under  section 406  and the
Governor  fails to make an election, the Administrator shall set forth
for  each unit  in the State  the amount of  allowances reflecting the
election that would, in the judgment of the Administrator, provide the
greatest benefit for units in the State.
    "(b) Allowance  Transfer System.-Allowances  allocated under  this
title  may  be transferred  among  designated  representatives of  the
owners or operators of affected sources under this title and any other
person  who holds such allowances, as provided by the allowance system
regulations  to be  promulgated by  the Administrator  not later  than
eighteen  months after  the  date of  enactment of  the Clean  Air Act
Amendments  of 1990.  Such regulations  shall establish  the allowance
system prescribed under this  section, including, but not limited  to,
requirements for the allocation, transfer, and use of allowances under
this title. Such regulations  shall prohibit the use of  any allowance
prior to the calendar year for which the  allowance was allocated, and
shall provide, consistent  with the  purposes of this  title, for  the
identification of unused allowances, and for such unused allowances to
be carried  forward and  added to  allowances allocated  in subsequent
years, including  allowances  allocated to  units subject  to Phase  I
requirements  (as described  in  section  404)  which are  applied  to
emissions  limitations  requirements  in  Phase II  (as  described  in
section 405).  Transfers of  allowances shall  not be  effective until
written  certification  of  the  transfer,  signed  by  a  responsible
official of each party  to the transfer, is  received and recorded  by
the  Administrator.  Such regulations  shall  permit  the transfer  of
allowances  prior  to  the   issuance  of  such  allowances.  Recorded
pre-allocation transfers  shall be deducted by  the Administrator from
the number of  allowances which  would otherwise be  allocated to  the
transferor, and added to those allowances allocated to the transferee.
Pre-allocation transfers shall not affect the prohibition contained in
this subsection against  the use of allowances  prior to the year  for
which they are allocated.
    "(c) Interpollutant Trading.-Not  later than January 1,  1994, the
Administrator shall  furnish to  the Congress a  study evaluating  the
environmental  and economic  consequences  of amending  this title  to
permit  trading  sulfur   dioxide  allowances   for  nitrogen   oxides
allowances.
    "(d)  Allowance  Tracking   System.-(1)  The  Administrator  shall
promulgate,  not later than 18  months after the  date of enactment of
the Clean Air Act Amendments of 1990, a system for issuing, recording,
and tracking allowances, which  shall specify all necessary procedures
and requirements  for an orderly  and competitive  functioning of  the
allowance system. All allowance  allocations and transfers shall, upon
recordation  by the  Administrator, be  deemed a  part of  each unit's
permit  requirements  pursuant to  section  408,  without any  further
permit review and revision.
    "(2) In  order to  insure electric  reliability, such  regulations
shall not  prohibit or  affect temporary  increases  and decreases  in
emissions within  utility systems, power pools,  or utilities entering
into  allowance pool  agreements, that  result from  their operations,
including  emergencies   and  central  dispatch,  and  such  temporary
emissions  increases  and  decreases  shall not  require  transfer  of
allowances among units nor shall it require recordation. The owners or
operators of such units shall act through a designated representative.
Notwithstanding the preceding sentence, the total tonnage of emissions
in any calendar year (calculated at the end thereof) from all units in
such a utility system, power pool, or allowance pool 
agreements  shall not exceed the  total allowances for  such units for
the calendar year concerned.
    "(e)  New  Utility  Units.-After  January  1,  2000,  it  shall be
unlawful for  a new utility unit  to emit an annual  tonnage of sulfur
dioxide in  excess of the  number of allowances  to emit held  for the
unit by the unit's owner or operator. Such new utility units shall not
be  eligible  for an  allocation  of sulfur  dioxide  allowances under
subsection (a)(1), unless  the unit  is subject to  the provisions  of
subsection (g)(2) or (3)  of section 405. New utility units may obtain
allowances from any person,  in accordance with this title.  The owner
or  operator of any  new utility unit in  violation of this subsection
shall  be liable for  fulfilling the obligations  specified in section
411 of this title.
    "(f)  Nature  of Allowances.-An  allowance  allocated  under  this
title  is a limited authorization to emit sulfur dioxide in accordance
with  the provisions of this title. Such allowance does not constitute
a property right.  Nothing in this title or in  any other provision of
law shall  be construed to limit the authority of the United States to
terminate  or  limit  such authorization.    Nothing  in this  section
relating to allowances shall be construed as affecting the application
of, or compliance with, any other provision of this Act to an affected
unit  or  source,  including  the  provisions  related  to  applicable
National Ambient Air Quality Standards and State implementation plans.
Nothing  in this section shall  be construed as  requiring a change of
any  kind in  any  State law  regulating  electric utility  rates  and
charges  or affecting any State law regarding such State regulation or
as  limiting State  regulation (including  any prudency  review) under
such  a State  law.   Nothing in  this section  shall be  construed as
modifying the Federal  Power Act or as affecting  the authority of the
Federal  Energy Regulatory Commission under that Act.  Nothing in this
title  shall be construed to interfere with  or impair any program for
competitive bidding for power supply in  a State in which such program
is  established.    Allowances, once  allocated  to  a  person by  the
Administrator, may  be received, held, and  temporarily or permanently
transferred in accordance with  this title and the regulations  of the
Administrator without regard to whether or  not a permit is in  effect
under  title V or section 408 with respect  to the unit for which such
allowance was  originally allocated and  recorded.  Each  permit under
this title  and each permit issued under title V for any affected unit
shall provide that the affected unit may not emit an annual tonnage of
sulfur dioxide in excess of the allowances held for that unit.
    "(g) Prohibition.-It  shall be  unlawful for  any person to  hold,
use, or transfer any  allowance allocated under this title,  except in
accordance with regulations promulgated by the Administrator. It shall
be unlawful  for any affected unit to emit sulfur dioxide in excess of
the number of allowances held for that unit for that year by the owner
or operator of  the unit. Upon the allocation of allowances under this
title,  the  prohibition contained  in  the  preceding sentence  shall
supersede any other emission limitation applicable under this title to
the  units for which such allowances are allocated. Allowances may not
be  used prior  to the  calendar  year for  which they  are allocated.
Nothing in this section  or in the allowance system  regulations shall
relieve the Administrator of the Adminis-
trator's permitting, monitoring and enforcement obligations under this
Act,  nor   relieve  affected   sources  of  their   requirements  and
liabilities under this Act.
    "(h) Competitive Bidding  for Power Supply.-Nothing in  this title
shall  be  construed  to interfere  with  or  impair  any program  for
competitive bidding for power supply in a State in  which such program
is established.
    "(i) Applicability of the Antitrust Laws.-
       "(1) Nothing in this section affects-
          "(A)  the  applicability   of  the  antitrust  laws  to  the
       transfer, use, or sale of allowances, or
          "(B)  the  authority   of  the  Federal  Energy   Regulatory
       Commission under any provision of law respecting unfair methods
       of competition or anticompetitive acts or practices.
       "(2) As used in this section, `antitrust laws' means those Acts
    set forth  in section  1 of  the Clayton  Act (15  U.S.C. 12),  as
    amended.
    "(j)  Public  Utility  Holding  Company  Act.-The  acquisition  or
disposition  of  allowances  pursuant  to  this  title  including  the
issuance  of securities  or  the undertaking  of  any other  financing
transaction in connection with such allowances shall not be subject to
the provisions of the Public Utility Holding Company Act of 1935.
 "SEC. 404. PHASE I SULFUR DIOXIDE REQUIREMENTS.
    "(a) Emission Limitations.-(1) After January 1,  1995, each source
that  includes one  or more  affected units  listed in  table A  is an
affected source under this section. After January 1, 1995, it shall be
unlawful for any  affected unit (other than  an eligible phase I  unit
under  section  404(d)(2)) to  emit sulfur  dioxide  in excess  of the
tonnage limitation stated  as a total number of  allowances in table A
for  phase   I,  unless  (A)  the   emissions  reduction  requirements
applicable  to such unit have been achieved pursuant to subsection (b)
or (d), or (B) the owner or operator of such unit holds  allowances to
emit not less  than the  unit's total annual  emissions, except  that,
after January  1, 2000, the emissions limitations  established in this
section shall be superseded  by those established in section  405. The
owner or  operator of any unit  in violation of this  section shall be
fully  liable  for  such  violation  including, but  not  limited  to,
liability for fulfilling the obligations specified in section 411. 
    "(2) Not later  than December  31, 1991,  the Administrator  shall
determine the total tonnage  of reductions in the emissions  of sulfur
dioxide from all utility units  in calendar year 1995 that  will occur
as a result of compliance  with the emissions limitation  requirements
of this section, and shall establish  a reserve of allowances equal in
amount to the number of tons  determined thereby not to exceed a total
of  3.50   million  tons.   In  making   such  a   determination,  the
Administrator shall compute  for each  unit subject  to the  emissions
limitation requirements of this section the difference between: 
       "(A)  the product of its  baseline multiplied by  the lesser of
    each  unit's allowable  1985 emissions  rate and  its  actual 1985
    emissions rate, divided by 2,000, and 
       "(B)  the product of  each unit's  baseline multiplied  by 2.50
    lbs/mmBtu divided by 2,000,   
    and  sum the  computations.  The  Administrator shall  adjust  the
    foregoing  calculation to  reflect  projected calendar  year  1995
    utilization of the units  subject to the emissions  limitations of
    this title  that the Administrator  finds would  have occurred  in
    the absence  of the imposition  of such requirements. Pursuant  to
    subsection (d),  the Administrator shall  allocate allowances from
    the  reserve established  hereinunder until  the  earlier of  such
    time as  all  such allowances  in  the  reserve are  allocated  or
    December 31, 1999.
    "(3) In  addition to  allowances allocated  pursuant to  paragraph
(1), in  each  calendar year  beginning in  1995 and  ending in  1999,
inclusive, the Administrator shall  allocate for each unit on  Table A
that is  located in the  States of Illinois,  Indiana, or Ohio  (other
than units at Kyger  Creek, Clifty Creek and Joppa  Steam), allowances
in an  amount equal to 200,000 multiplied by the unit's pro rata share
of  the total number of allowances allocated  for all units on Table A
in the  3 States (other than  units at Kyger Creek,  Clifty Creek, and
Joppa  Steam) pursuant  to  paragraph (1).  Such  allowances shall  be
excluded from the calculation of the reserve under paragraph (2).
    "(b)  Substitutions.-The owner  or operator  of  an affected  unit
under subsection (a) may include in its section 408 permit application
and  proposed compliance plan  a proposal to reassign,  in whole or in
part, the affected unit's sulfur dioxide reduction requirements to any
other  unit(s) under  the  control of  such  owner or  operator.  Such
proposal shall specify-
       "(1) the designation of  the substitute unit or units  to which
    any part of the reduction  obligations of subsection (a)  shall be
    required,  in addition  to, or in  lieu of,  any original affected
    units designated under such subsection;
       "(2)  the original  affected  unit's baseline,  the actual  and
    allowable  1985  emissions  rate  for  sulfur   dioxide,  and  the
    authorized annual allowance allocation stated in table A;
       "(3)  calculation of  the annual  average tonnage  for calendar
    years 1985,  1986, and  1987, emitted  by the  substitute unit  or
    units, based on  the baseline for each unit, as defined in section
    402(d),  multiplied  by  the  lesser  of  the   unit's  actual  or
    allowable 1985 emissions rate;
       "(4) the emissions rates and tonnage limitations that  would be
    applicable to  the original  and substitute  affected units  under
    the substitution proposal;
       "(5)  documentation, to the  satisfaction of the Administrator,
    that the  reassigned tonnage  limits will,  in total, achieve  the
    same or  greater emissions reduction than would have been achieved
    by  the original  affected unit and  the substitute  unit or units
    without such substitution; and
       "(6) such other information as the Administrator may require.
    "(c)  Administrator's Action  on Substitution  Proposals.-(1)  The
Administrator shall take final action on such substitution proposal in
accordance with  section 408(c) if the  substitution proposal fulfills
the requirements of  this subsection. The Administrator  may approve a
substitution  proposal in whole or in part and with such modifications
or conditions as may be consistent with the orderly functioning of the
allowance  system  and  which  will ensure  the  emissions  reductions
contemplated by this title. If a proposal does 
not meet the requirements  of subsection (b), the  Administrator shall
disapprove it. The owner or operator of a unit listed in table A shall
not substitute another unit or units without the prior approval of the
Administrator.
    "(2) Upon  approval of  a substitution  proposal, each  substitute
unit,  and each source with such  unit, shall be deemed affected under
this title, and the Administrator shall issue a permit to the original
and  substitute affected  source  and  unit  in  accordance  with  the
approved substitution  plan and  section 408. The  Administrator shall
allocate allowances for the original and  substitute affected units in
accordance with the approved substitution proposal pursuant to section
403.  It shall be  unlawful for any  source or unit  that is allocated
allowances pursuant to this  section to emit sulfur dioxide  in excess
of the emissions limitation provided  for in the approved substitution
permit and  plan unless the owner or operator of each unit governed by
the permit and approved substitution plan holds allowances to emit not
less  than the units total annual  emissions. The owner or operator of
any original or substitute affected unit operated in violation of this
subsection  shall  be  fully  liable  for  such  violation,  including
liability  for fulfilling the obligations specified  in section 411 of
this   title.  If   a  substitution   proposal  is   disapproved,  the
Administrator shall allocate allowances  to the original affected unit
or units in accordance with subsection (a).
    "(d)  Eligible Phase I Extension  Units.-(1) The owner or operator
of any affected  unit subject to  an emissions limitation  requirement
under  this  section  may petition  the  Administrator  in  its permit
application  under  section 408  for an  extension of  2 years  of the
deadline  for  meeting such  requirement, provided  that the  owner or
operator of any  such unit holds allowances to emit  not less than the
unit's total annual emissions for each of the 2 years of the period of
extension.  To qualify for such  an extension, the  affected unit must
either employ a qualifying phase I technology, or transfer its phase I
emissions reduction obligation to a unit employing  a qualifying phase
I technology. Such transfer shall be accomplished in accordance with a
compliance plan,  submitted and approved under section 408, that shall
govern  operations at  all units  included in  the transfer,  and that
specifies  the emissions  reduction requirements  imposed pursuant  to
this title.
    "(2) Such extension proposal shall-
       "(A) specify the unit  or units proposed for designation  as an
    eligible phase I extension unit;
       "(B)  provide  a copy  of an  executed  contract, which  may be
    contingent upon the Administrator approving the  proposal, for the
    design engineering,  and construction  of the  qualifying phase  I
    technology  for the extension  unit, or  for the unit  or units to
    which the extension unit's emission reduction obligation is  to be
    transferred;
       "(C)  specify  the  unit's  or  units'  baseline,  actual  1985
    emissions  rate,  allowable 1985  emissions  rate,  and  projected
    utilization for calendar years 1995 through 1999;
       "(D) require CEMS on  both the eligible phase I  extension unit
    or units and  the transfer unit or  units beginning no  later than
    January 1, 1995; and
       "(E) specify  the emission limitation and  number of allowances
    expected  to   be  necessary  for   annual  operation  after   the
    qualifying phase I technology has been installed.
    "(3) The Administrator  shall review and take final action on each
extension proposal in  order of receipt, consistent  with section 408,
and for an approved proposal  shall designate the unit or units  as an
eligible phase  I extension  unit.  The Administrator  may approve  an
extension proposal in whole or in part, and with such modifications or
conditions  as   may  be   necessary,  consistent  with   the  orderly
functioning  of  the allowance  system,  and to  ensure  the emissions
reductions contemplated by the title.
    "(4) In  order to determine the  number of  proposals eligible for
allocations from the reserve under subsection (a)(2) and the number of
allowances remaining available after each  proposal is acted upon, the
Administrator shall  reduce the  total number of  allowances remaining
available  in the  reserve  by  the  number of  allowances  calculated
according to subparagraphs (A), (B) and (C) until either no allowances
remain available in the reserve for further allocation or all approved
proposals have been acted  upon. If no allowances remain  available in
the  reserve for  further  allocation before  all proposals  have been
acted  upon  by the  Administrator,  any  pending  proposals shall  be
disapproved. The Administrator shall calculate allowances equal to-
       "(A) the  difference between the  lesser of the  average annual
    emissions  in  calendar  years  1988  and 1989  or  the  projected
    emissions tonnage for  calendar year 1995 of each eligible phase I
    extension  unit,  as  designated  under  paragraph  (3),  and  the
    product of the unit's baseline  multiplied by an emission  rate of
    2.50 lbs/mmBtu, divided by 2,000;
       "(B) the  difference between the  lesser of the  average annual
    emissions  in  calendar  years  1988  and  1989  or  the projected
    emissions tonnage for  calendar year 1996 of each eligible phase I
    extension  unit,  as  designated  under  paragraph  (3),  and  the
    product of the unit's baseline  multiplied by an emission  rate of
    2.50 lbs/mmBtu, divided by 2,000; and
       "(C)  the  amount  by which  (i)  the  product  of each  unit's
    baseline  multiplied  by  an  emission  rate  of  1.20  lbs/mmBtu,
    divided by 2,000, exceeds  (ii) the tonnage level specified  under
    subparagraph (E)  of paragraph (2)  of this subsection  multiplied
    by a factor of 3.
    "(5)  Each   eligible  Phase  I   extension  unit  shall   receive
allowances determined under subsection (a)(1)  or (c) of this section.
In addition, for calendar year 1995, the  Administrator shall allocate
to  each eligible Phase I  extension unit, from  the allowance reserve
created  pursuant  to  subsection  (a)(2),  allowances  equal  to  the
difference  between the  lesser  of the  average  annual emissions  in
calendar  years 1988 and 1989  or its projected  emissions tonnage for
calendar year 1995 and  the product of the unit's  baseline multiplied
by an emission  rate of 2.50 lbs/mmBtu, divided by  2,000. In calendar
year 1996, the  Administrator shall allocate  for each eligible  unit,
from  the allowance  reserve  created pursuant  to subsection  (a)(2),
allowances equal to the  difference between the lesser of  the average
annual  emissions in  calendar years  1988 and  1989 or  its projected
emissions tonnage for calendar year 1996 and the product of the unit's
baseline multi-
plied  by an  emission rate of  2.50 lbs/mmBtu,  divided by  2,000. It
shall  be unlawful  for  any source  or  unit subject  to  an approved
extension  plan under this subsection to emit sulfur dioxide in excess
of the emissions limitations  provided for in the permit  and approved
extension plan, unless the owner or operator  of each unit governed by
the permit  and approved plan  holds allowances to emit  not less than
the unit's total annual emissions.
    "(6)  In addition to  allowances specified  in paragraph  (5), the
Administrator shall allocate for each  eligible Phase I extension unit
employing  qualifying Phase  I  technology, for  calendar years  1997,
1998, and  1999, additional allowances, from  any remaining allowances
in  the reserve created  pursuant to subsection  (a)(2), following the
reduction  in the reserve provided for in paragraph (4), not to exceed
the amount by which (A) the  product of each eligible unit's  baseline
times  an emission rate of  1.20 lbs/mmBtu, divided  by 2,000, exceeds
(B) the tonnage  level specified under  subparagraph (E) of  paragraph
(2) of this subsection.
    "(7)  After January  1, 1997, in  addition to  any liability under
this  Act,  including  under section  411,  if  any  eligible phase  I
extension unit employing qualifying phase I technology or any transfer
unit  under  this subsection  emits sulfur  dioxide  in excess  of the
annual tonnage limitation specified in the extension plan, as approved
in paragraph (3) of  this subsection, the Administrator shall,  in the
calendar  year following such  excess, deduct allowances  equal to the
amount of such excess from such unit's annual allowance allocation.
    "(e)(1)  In the  case of a  unit that  receives authorization from
the  Governor  of the  State in  which such  unit  is located  to make
reductions in the emissions  of sulfur dioxide prior to  calendar year
1995 and  that is part  of a utility  system that meets  the following
requirements: (A)  the total coal-fired generation  within the utility
system  as a percentage of  total system generation  decreased by more
than 20  percent between January 1,  1980, and December 31,  1985; and
(B)  the weighted capacity factor  of all coal-fired  units within the
utility  system averaged over the period from January 1, 1985, through
December  31, 1987,  was  below 50  percent,  the Administrator  shall
allocate allowances under this paragraph for the unit pursuant to this
subsection.  The Administrator  shall allocate  allowances for  a unit
that is an affected unit pursuant  to section 405 (but is not also  an
affected unit  under this section)  and part of a  utility system that
includes 1 or more affected units under section 405 for reductions  in
the  emissions of sulfur dioxide  made during the  period 1995-1999 if
the   unit  meets  the   requirements  of  this   subsection  and  the
requirements of  the preceding sentence, except that  for the purposes
of applying this subsection to any such unit, the prior year concerned
as specified  below, shall be any year after January 1, 1995 but prior
to January 1, 2000.
    "(2) In the case of  an affected unit under this section described
in subparagraph  (A), the  allowances allocated under  this subsection
for early reductions in any prior year may not exceed the amount which
(A)  the product of the unit's  baseline multiplied by the unit's 1985
actual  sulfur dioxide emission rate  (in lbs. per  mmBtu), divided by
2,000, exceeds  (B) the allowances specified for such unit in Table A.
In the case of an affected unit under section 405 described 
in subparagraph (A), the allowances awarded  under this subsection for
early reductions in any prior year  may not exceed the amount by which
(i) the  product of the quantity  of fossil fuel consumed  by the unit
(in mmBtu) in the prior  year multiplied by the lesser of 2.50  or the
most stringent emission  rate (in  lbs. per mmBtu)  applicable to  the
unit  under  the applicable  implementation  plan,  divided by  2,000,
exceeds  (ii) the unit's actual tonnage of sulfur dioxide emission for
the prior  year concerned. Allowances allocated  under this subsection
for units referred to  in subparagraph (A) may  be allocated only  for
emission  reductions  achieved  as a  result  of  physical changes  or
changes in the method of operation made after the date of enactment of
the Clean Air Act Amendments of 1990, including changes in the type or
quality of fossil fuel consumed.
    "(3)  In  no event  shall  the  provisions  of  this paragraph  be
interpreted as an event of force majeur or a commercial impractibility
or in any other way as a basis for excused nonperformance by a utility
system  under a  coal  sales contract  in  effect before  the date  of
enactment of the Clean Air Act Amendments of 1990.

    "Table A.-Affected Sources and Units  in Phase I and  Their Sulfur
Dioxide Allowances (tons)

State       Plant Name            Generator     Phase I Allowances  
Alabama         Colbert                    1             13,570
                                           2             15,310
                                           3             15,400                          
                                           4             15,410                          
                                           5             37,180                          
                E.C. Gaston                1             18,100                                                     
                                           2             18,540                          
                                           3             18,310                          
                                           4             19,280                          
                                           5             59,840                          
Florida         Big Bend                        1            28,410                           
                                           2             27,100                          
                                           3             26,740                          
                Crist                      6             19,200                          
                                           7             31,680                          
Georgia         Bowen                      1             56,320                                                     
                                           2             54,770                          
                                           3             71,750                          
                                           4             71,740                          
                Hammond                    1             8,780                           
                                           2             9,220                           
                                           3             8,910                           
                                           4             37,640                          
                J. McDonough               1             19,910                          
                                           2             20,600                          
                Wansley                    1             70,770                          
                                           2             65,430                          
                Yates                      1             7,210                           
                                           2             7,040                           
                                           3             6,950                           
                                           4             8,910                           
                                           5             9,410                           
                                           6             24,760                          
                                           7             21,480                          
Illinois    Baldwin                    1            42,010
                                           2             44,420                          
                                           3             42,550                          
                Coffeen                    1             11,790                          
                                           2             35,670                          
                Grand Tower                4             5,910                           
                Hennepin                        2            18,410                           
                Joppa Steam                1             12,590                          
                                           2             10,770                          
                                           3             12,270                          
                                           4             11,360                          
                                           5             11,420                          
                                           6             10,620                          
                Kincaid                    1             31,530                          
                                           2             33,810                          
                Meredosia                       3            13,890                           
                Vermilion                       2            8,880                            
Indiana         Bailly                     7             11,180                          
                                           8             15,630                          
                Breed                      1             18,500                          
                Cayuga                     1             33,370                          
                                           2             34,130                          
                Clifty Creek               1             20,150                          
                                           2             19,810                          
                                           3             20,410                          
                                           4             20,080                          
                                           5             19,360                          
                                           6             20,380                          
                E. W. Stout                5             3,880                           
                                           6             4,770                           
                                           7             23,610                          
                F. B. Culley               2             4,290                           
                                           3             16,970                          
                F. E. Ratts                1             8,330                           
                                           2             8,480                           
                Gibson                     1             40,400                          
                                           2             41,010                          
                                           3             41,080                          
                                           4             40,320                          
                H. T. Pritchard            6             5,770                           
                Michigan City                   12           23,310                           
                Petersburg                 1             16,430                          
                                           2             32,380                          
                R. Gallagher               1             6,490                           
                                           2             7,280                           
                                           3             6,530                           
                                           4             7,650                           
                Tanners Creek                   4            24,820                           
                Wabash River               1             4,000                           
                                           2             2,860                           
                                           3             3,750                           
                                           5             3,670                           
                                           6             12,280                          
                Warrick                    4             26,980                          
Iowa        Burlington                 1            10,710                           
                Des Moines                 7             2,320                           
                George Neal                1             1,290                           
                M.L. Kapp                       2            13,800                           
                Prairie Creek                   4            8,180                            
                Riverside                       5            3,990                            
Kansas      Quindaro                       2             4,220
Kentucky    Coleman                    1            11,250
                                           2             12,840                          
                                           3             12,340                          
                Cooper                     1             7,450                           
                                           2             15,320                          
                E.W. Brown                 1             7,110                           
                                           2             10,910                          
                                           3             26,100                          
                Elmer Smith                1             6,520                           
                                           2             14,410                          
                Ghent                      1             28,410                          
                Green River                4             7,820                           
                H.L. Spurlock                   1            22,780                           
                Henderson II               1             13,340                          
                                           2             12,310                          
                Paradise                        3            59,170                           
                Shawnee                    10            10,170                          
Maryland    Chalk Point                1            21,910                           
                                           2             24,330                          
                C. P. Crane                1             10,330                          
                                           2             9,230                           
                Morgantown                 1             35,260                          
                                           2             38,480                          
Michigan    J. H. Campbell             1            19,280                           
                                           2             23,060                          
Minnesota   High Bridge                6            4,270
Mississippi     Jack Watson                4             17,910                          
                                           5             36,700                          
Missouri    Asbury                     1            16,190                           
                James River                5             4,850                           
                Labadie                    1             40,110                          
                                           2             37,710                          
                                           3             40,310                          
                                           4             35,940                          
                Montrose                        1            7,390                            
                                           2             8,200                           
                                           3             10,090                          
                New Madrid                 1             28,240                                                     
                                           2             32,480                          
                Sibley                     3             15,580                          
                Sioux                      1             22,570                          
                                           2             23,690                          
                Thomas Hill                1             10,250                          
                                           2             19,390                          
New Hampshire Merrimack                1            10,190
                                           2             22,000                                                    New
Jersey               B.L.              England                    1            9,060
                                           2             11,720
New York    Dunkirk                    3            12,600
                                           4             14,060              
                Greenidge                       4            7,540               
                Milliken                        1            11,170              
                                           2             12,410              
                Northport                       1            19,810              
                                           2             24,110              
                                           3             26,480              
                Port Jefferson             3             10,470              
                                           4             12,330
Ohio        Ashtabula                      5             16,740              
                Avon Lake                       8            11,650              
                                           9             30,480              
                Cardinal                        1            34,270              
                                           2             38,320              
                Conesville                 1             4,210               
                                           2             4,890               
                                           3             5,500               
                                           4             48,770              
                Eastlake                        1            7,800               
                                           2             8,640               
                                           3             10,020              
                                           4             14,510              
                                           5             34,070              
                Edgewater                       4            5,050
                Gen. J.M. Gavin            1             79,080                          
                                           2             80,560                          
                Kyger Creek                1             19,280                          
                                           2             18,560                          
                                           3             17,910                          
                                           4             18,710                          
                                           5             18,740                          
                Miami Fort                 5             760                         
                                           6             11,380                          
                                           7             38,510                          
                Muskingum River            1             14,880                          
                                           2             14,170                          
                                           3             13,950                          
                                           4             11,780                          
                                           5             40,470                          
                Niles                      1             6,940                           
                                           2             9,100                           
                Picway                     5             4,930                           
                R.E. Burger                3             6,150                           
                                           4             10,780                          
                                           5             12,430                          
                W.H. Sammis                5             24,170
                                           6             39,930                                                     
                                           7             43,220                          
                W.C. Beckjord                   5            8,950                            
                                           6             23,020
Pennsylvania  Armstrong                1            14,410                           
                                           2             15,430                          
                Brunner Island             1             27,760                          
                                           2             31,100                          
                                           3             53,820                          
                Cheswick                        1            39,170                           
                Conemaugh                       1            59,790                           
                                           2             66,450                          
                Hatfield's Ferry           1             37,830                          
                                           2             37,320                          
                                           3             40,270                          
                Martins Creek                   1            12,660                           
                                           2             12,820                          
                Portland                        1            5,940                            
                                           2             10,230                          
                Shawville                       1            10,320                           
                                           2             10,320                          
                                           3             14,220                          
                                           4             14,070
                Sunbury                    3             8,760               
                                           4             11,450
Tennessee   Allen                      1            15,320                           
                                           2             16,770                          
                                           3             15,670                          
                Cumberland                 1             86,700                          
                                           2             94,840                          
                Gallatin                        1            17,870                           
                                           2             17,310                          
                                           3             20,020                          
                                           4             21,260                          
                Johnsonville               1             7,790                           
                                           2             8,040                           
                                           3             8,410                           
                                           4             7,990                           
                                           5             8,240                           
                                           6             7,890                           
                                           7             8,980                           
                                           8             8,700                           
                                           9             7,080                           
                                           10            7,550                           
West Virginia Albright                 3            12,000
                Fort Martin                1             41,590                          
                                           2             41,200                                                     
                Harrison                        1            48,620                           
                                           2             46,150                          
                                           3             41,500                          
                Kammer                     1             18,740                          
                                           2             19,460                          
                                           3             17,390                          
                Mitchell                        1            43,980                           
                                           2             45,510                          
                Mount Storm                1             43,720                          
                                           2             35,580                          
                                           3             42,430
Wisconsin   Edgewater                      4             24,750                          
                La Crosse/Genoa            3             22,700
                Nelson Dewey               1             6,010
                                           2             6,680                           
                N. Oak Creek               1             5,220                           
                                           2             5,140                           
                                           3             5,370                           
                                           4             6,320                           
                Pulliam                    8             7,510                           
                S. Oak Creek               5             9,670                           
                                           6             12,040                          
                                           7             16,180                          
                                           8             15,790  

    "(f) Energy Conservation and Renewable Energy.-
       "(1) Definitions.-As used in this subsection:
          "(A)  Qualified   energy  conservation   measure.-The   term
       `qualified energy conservation measure' means  a cost effective
       measure,  as identified  by  the Administrator  in consultation
       with the Secretary of Energy, that increases the  efficiency of
       the use of electricity  provided by an electric utility  to its
       customers.
          "(B)  Qualified   renewable  energy.-The   term   `qualified
       renewable energy'  means  energy derived  from biomass,  solar,
       geothermal,  or  wind as  identified  by  the Administrator  in
       consultation with the Secretary of Energy.
          "(C) Electric utility.-The term `electric utility' means any
       person, State  agency, or Federal agency,  which sells electric
       energy.
       "(2)   Allowances   for   emissions   avoided   through  energy
    conservation and renewable energy.-
          "(A) In general.-The regulations under paragraph (4) of this
       subsection  shall provide that  for each ton  of sulfur dioxide
       emissions avoided by an electric utility, during the applicable
       period,  through  the  use  of  qualified  energy  conservation
       measures or qualified renewable energy, the Administrator shall
       allocate a  single allowance  to such  electric utility,  on  a
       first-come-first-served   basis   from  the   Conservation  and
       Renewable Energy Reserve  established under subsection (g),  up
       to  a  total of  300,000  allowances for  allocation  from such
       Reserve.
          "(B)  Requirements  for  issuance.-The  Administrator  shall
       allocate  allowances   to  an  electric   utility  under   this
       subsection only if all of the following requirements are met:
            "(i) Such  electric utility  is paying  for the  qualified
          energy conservation  measures or qualified renewable  energy
          directly or through purchase from another person.
            "(ii) The emissions of sulfur dioxide  avoided through the
          use of  qualified energy conservation  measures or qualified
          renewable energy are quantified in accord-
          ance with regulations promulgated by the Administrator under
          this subsection.
            "(iii)(I)  Such   electric  utility  has  adopted  and  is
          implementing a least  cost energy conservation  and electric
          power plan  which evaluates a  range of resources, including
          new  power  supplies,  energy  conservation,  and  renewable
          energy resources, in order to meet expected future demand at
          the lowest system cost.
            "(II)  The  qualified  energy  conservation  measures   or
          qualified  renewable energy,  or both,  are consistent  with
          that plan.
            "(III) Electric utilities subject  to the jurisdiction  of
          a State regulatory authority must have such plan approved by
          such authority.  For electric  utilities not  subject to the
          jurisdiction of a State regulatory authority such plan shall
          be  approved by  the entity  with rate-making  authority for
          such utility.
            "(iv)  In  the  case  of  qualified   energy  conservation
          measures undertaken by  a State regulated electric  utility,
          the Secretary of  Energy certifies that the State regulatory
          authority with jurisdiction  over the electric rates of such
          electric utility  has established  rates and  charges  which
          ensure that  the net  income of such  electric utility after
          implementation   of   specific    cost   effective    energy
          conservation measures is at least as high as such net income
          would  have been if the energy conservation measures had not
          been implemented. Upon the date of any such certification by
          the Secretary of Energy, all  allowances which, but for this
          paragraph, would have been allocated under  subparagraph (A)
          before  such  date,  shall  be  allocated  to  the  electric
          utility.  This clause  is  not a  requirement  for qualified
          renewable energy.
            "(v)  Such utility  or  any  subsidiary of  the  utility's
          holding company owns or operates at least one affected unit.
          "(C)  Period   of   applicability.-Allowances   under   this
       subsection  shall be  allocated only  with respect  to kilowatt
       hours of electric energy saved by qualified energy conservation
       measures or  generated  by  qualified  renewable  energy  after
       January  1, 1992  and before  the earlier  of (i)  December 31,
       2000,  or (ii)  the date  on which  any electric  utility steam
       generating unit  owned or operated  by the electric  utility to
       which  the allowances  are  allocated becomes  subject to  this
       title (including those sources that elect to become affected by
       this title, pursuant to section 410).
          "(D) Determination of avoided emissions.-
            "(i)  Application.-In  order to  receive  allowances under
          this  subsection,   an  electric   utility  shall  make   an
          application which-
                  "(I) designates  the qualified  energy  conservation
               measures implemented and the qualified renewable energy
               sources used for purposes of avoiding emissions,
                  "(II) calculates, in  accordance with  subparagraphs
               (F) and (G), the number of tons of emissions avoided by
               reason of  the implementation  of such measures  or the
               use of such renewable energy sources; and
                  "(III)  demonstrates   that  the   requirements   of
               subparagraph (B) have been met.
            Such  application  for  allowances  by  a  State-regulated
          electric  utility  shall  require  approval  by   the  State
          regulatory  authority with  jurisdiction over  such electric
          utility.  The  authority  shall review  the  application for
          accuracy and  compliance with this  subsection and the rules
          under this subsection. Electric utilities whose retail rates
          are not  subject to the  jurisdiction of a State  regulatory
          authority shall apply directly to the Administrator for such
          approval.
          "(E)  Avoided emissions  from qualified  energy conservation
       measures.-For the  purposes  of this  subsection, the  emission
       tonnage  deemed  avoided by  reason  of  the implementation  of
       qualified energy  conservation measures  for any calendar  year
       shall be a tonnage equal to the product of multiplying-
            "(i) the  kilowatt hours  that would  otherwise have  been
          supplied by the  utility during such year in the  absence of
          such qualified energy conservation measures, by
            "(ii) 0.004,  and dividing by 2,000.
          "(F) Avoided  emissions from the  use of qualified renewable
       energy.-The emissions  tonnage deemed avoided by  reason of the
       use of  qualified renewable energy  by an electric  utility for
       any  calendar year shall be  a tonnage equal to  the product of
       multiplying-
            "(i) the actual kilowatt hours generated  by, or purchased
          from, qualified renewable energy, by
            "(ii) 0.004,  and dividing by 2,000.
          "(G)  Prohibitions.-(i) No  allowances  shall  be  allocated
       under this  subsection for the implementation  of programs that
       are exclusively informational or educational in nature.
            "(ii)  No   allowances  shall  be   allocated  for  energy
          conservation   measures  or   renewable  energy   that  were
          operational before January 1, 1992.
       "(3) Savings provision.-Nothing in this  subsection precludes a
    State  or  State regulatory  authority  from  providing additional
    incentives to  utilities  to encourage  investment in  demand-side
    resources.
       "(4) Regulations.-Not later  than 18 months  after the date  of
    the enactment  of  the Clean  Air Act  Amendments of  1990 and  in
    conjunction with the regulations required to  be promulgated under
    subsections (b) and (c), the Administrator  shall, in consultation
    with the  Secretary of Energy,  promulgate regulations under  this
    subsection.   Such  regulations  shall  list  energy  conservation
    measures and renewable energy sources which may be 
    treated as qualified  energy conservation  measures and  qualified
    renewable  energy  for purposes  of  this  subsection.  Allowances
    shall only be  allocated if  all requirements  of this  subsection
    and  the  rules  promulgated  to  implement  this  subsection  are
    complied  with. The Administrator shall  review the determinations
    of  each  State  regulatory authority  under  this  subsection  to
    encourage consistency  from electric  utility to electric  utility
    and  from State to  State in  accordance with  the Administrator's
    rules.  The  Administrator  shall publish  the  findings  of  this
    review no less than annually.
    "(g) Conservation and Renewable Energy  Reserve.-The Administrator
shall establish a Conservation and Renewable Energy Reserve under this
subsection.  Beginning  on  January  1, 1995,  the  Administrator  may
allocate from the Conservation and  Renewable Energy Reserve an amount
equal to a total of 300,000 allowances for emissions of sulfur dioxide
pursuant  to section 403. In  order to provide  300,000 allowances for
such  reserve, in each year beginning  in calendar year 2000 and until
calendar  year 2009,  inclusive, the  Administrator shall  reduce each
unit's  basic Phase  II allowance allocation  on the basis  of its pro
rata share of 30,000  allowances. If allowances remain in  the reserve
after  January   2,  2010,  the  Administrator   shall  allocate  such
allowances for affected units under  section 405 on a pro rata  basis.
For purposes of this subsection, for any unit subject to the emissions
limitation requirements  of  section 405,  the term  `pro rata  basis'
refers  to  the  ratio  which  the  reductions  made  in  such  unit's
allowances  in order  to establish  the reserve under  this subsection
bears to the total of such reductions for all such units.
    "(h)  Alternative  Allowance  Allocation  for   Units  in  Certain
Utility Systems With Optional Baseline.-
       "(1)  Optional baseline  for units  in certain  systems.-In the
    case of a  unit subject to the  emissions limitation  requirements
    of this  section which  (as of the  date of  the enactment of  the
    Clean Air Act Amendments of 1990)-
          "(A) has an emission rate below 1.0 lbs/mmBtu,
          "(B) has decreased  its sulfur dioxide emissions rate  by 60
       percent or greater since 1980, and
          "(C)  is part  of  a  utility system  which has  a  weighted
       average  sulfur   dioxide   emissions  rate   for  all   fossil
       fueled-fired units below 1.0 lbs/mmBtu,  at the election of the
       owner  or operator  of such  unit, the  unit's baseline  may be
       calculated (i)  as provided  under section  402(d), or  (ii) by
       utilizing  the unit's average  annual fuel consumption  at a 60
       percent capacity  factor. Such election shall be  made no later
       than March 1, 1991.
       "(2) Allowance  allocation.-Whenever  a  unit  referred  to  in
    paragraph  (1)  elects to  calculate its  baseline as  provided in
    clause (ii)  of paragraph  (1), the  Administrator shall  allocate
    allowances  for  the  unit pursuant  to  section  403(a)(1),  this
    section,   and  section   405  (as   basic   Phase  II   allowance
    allocations)  in  an   amount  equal  to  the   baseline  selected
    multiplied by  the lower of the  average annual  emission rate for
    such unit in 1989,  or 1.0  lbs./mmBtu. Such allowance  allocation
    shall be  in  lieu of  any  allocation  of allowances  under  this
    section and section 405.  
"SEC. 405. PHASE II SULFUR DIOXIDE REQUIREMENTS.
    "(a)  Applicability.-(1)  After January  1,  2000,  each  existing
utility  unit as  provided  below is  subject  to the  limitations  or
requirements of this section.  Each utility unit subject to  an annual
sulfur dioxide  tonnage emission limitation  under this section  is an
affected unit under this title. Each source that includes  one or more
affected units is an affected source. In the case of  an existing unit
that was not in operation during calendar year 1985, the emission rate
for  a calendar year after  1985, as determined  by the Administrator,
shall  be used in lieu of the 1985  rate. The owner or operator of any
unit operated in violation of this section shall be fully liable under
this  Act for fulfilling the  obligations specified in  section 411 of
this title.
    "(2) In addition  to basic Phase II allowance allocations, in each
year beginning in calendar year 2000 and ending in calendar year 2009,
inclusive,  the Administrator  shall allocate up  to 530,000  Phase II
bonus allowances pursuant to subsections (b)(2), (c)(4), (d)(3)(A) and
(B), and (h)(2) of this  section and section 406. Not later  than June
1, 1998, the Administrator  shall calculate, for each unit  granted an
extension  pursuant to  section  409 the  difference  between (A)  the
number of allowances allocated for the unit in calendar year 2000, and
(B) the product of  the unit's baseline multiplied by  1.20 lbs/mmBtu,
divided by 2000, and sum the computations. In each year,  beginning in
calendar  year 2000 and ending  in calendar year  2009, inclusive, the
Administrator shall  deduct from each unit's basic  Phase II allowance
allocation its  pro rata  share of  10 percent  of the  sum calculated
pursuant to the preceding sentence.
    "(3)  In  addition to  basic  Phase II  allowance allocations  and
Phase  II bonus allowance allocations, beginning  January 1, 2000, the
Administrator  shall allocate  for  each unit  listed  on Table  A  in
section 404 (other than  units at Kyger Creek, Clifty Creek, and Joppa
Steam)  and located in the States of Illinois, Indiana, Ohio, Georgia,
Alabama, Missouri, Pennsylvania, West Virginia, Kentucky, or Tennessee
allowances in  an amount equal to 50,000  multiplied by the unit's pro
rata share of the  total number of basic allowances  allocated for all
units listed  on Table  A (other  than units  at  Kyger Creek,  Clifty
Creek,  and  Joppa  Steam).  Allowances  allocated  pursuant  to  this
paragraph  shall not  be subject  to the  8,900,000 ton  limitation in
section 403(a).
    "(b) Units  Equal to,  or Above,  75 MWe  and 1.20  lbs/mmBtu.-(1)
Except  as otherwise provided in paragraph (3), after January 1, 2000,
it  shall be  unlawful for  any existing  utility unit  that  serves a
generator  with nameplate capacity equal  to, or greater,  than 75 MWe
and an  actual  1985 emission  rate  equal  to or  greater  than  1.20
lbs/mmBtu  to  exceed  an   annual  sulfur  dioxide  tonnage  emission
limitation equal to the  product of the unit's baseline  multiplied by
an emission rate equal to 1.20 lbs/mmBtu, divided by 2,000, unless the
owner or  operator of such unit holds allowances to emit not less than
the unit's total annual emissions.
    "(2) In  addition to  allowances allocated  pursuant to  paragraph
(1)  and section 403(a)(1)  as basic  Phase II  allowance allocations,
beginning January 1, 2000, and for each calendar year thereafter until
and including 2009, the Administrator shall allocate annually for each
unit subject to the emissions limitation requirements of para-
graph  (1)  with  an actual  1985  emissions  rate  greater than  1.20
lbs/mmBtu  and less than 2.50 lbs/mmBtu and a baseline capacity factor
of  less than 60 percent, allowances from the reserve created pursuant
to subsection (a)(2) in  an amount equal to 1.20  lbs/mmBtu multiplied
by 50  percent of the difference,  on a Btu basis,  between the unit's
baseline  and the  unit's fuel  consumption at  a 60  percent capacity
factor.
    "(3) After January 1,  2000, it shall be unlawful for any existing
utility unit with an  actual 1985 emissions rate  equal to or  greater
than 1.20 lbs/mmBtu whose annual average fuel consumption during 1985,
1986,  and 1987  on a Btu  basis exceeded  90 percent  in the  form of
lignite coal which is located in a State in which, as of July 1, 1989,
no  county or portion of  a county was  designated nonattainment under
section 107 of  this Act for any pollutant subject to the requirements
of section  109 of this Act to exceed an annual sulfur dioxide tonnage
limitation equal to the  product of the unit's baseline  multiplied by
the  lesser of the unit's actual  1985 emissions rate or its allowable
1985 emissions rate, divided by 2,000, unless the owner or operator of
such unit  holds allowances  to emit  not less than  the unit's  total
annual emissions.
    "(4)  After January  1,  2000,  the Administrator  shall  allocate
annually  for   each  unit,   subject  to  the   emissions  limitation
requirements of paragraph  (1), which is  located in a  State with  an
installed electrical generating capacity of more than 30,000,000 kw in
1988  and for  which was  issued  a prohibition  order  or a  proposed
prohibition  order  (from  burning   oil),  which  unit   subsequently
converted  to  coal between  January 1,  1980  and December  31, 1985,
allowances  equal to  the difference  between (A)  the product  of the
unit's annual  fuel  consumption, on  a  Btu basis,  at  a 65  percent
capacity  factor multiplied by the  lesser of its  actual or allowable
emissions  rate during the first  full calendar year after conversion,
divided by 2,000,  and (B) the number of allowances  allocated for the
unit  pursuant  to  paragraph  (1):  Provided,  That   the  number  of
allowances allocated pursuant  to this paragraph  shall not exceed  an
annual total of five thousand. If necessary to meeting the restriction
imposed in the preceding sentence  the Administrator shall reduce, pro
rata,  the  annual  allowances  allocated  for each  unit  under  this
paragraph.
    "(c)  Coal  or  Oil-fired  Units  Below  75  MWe  and  Above  1.20
lbs/mmBtu.-(1) Except  as otherwise  provided in paragraph  (3), after
January 1, 2000, it shall be unlawful for a coal or oil-fired existing
utility unit that serves  a generator with nameplate capacity  of less
than  75 MWe  and an actual  1985 emission  rate equal  to, or greater
than, 1.20 lbs/mmBtu and which is  a unit owned by a utility operating
company  whose aggregate nameplate fossil fuel steam-electric capacity
is, as  of December 31, 1989,  equal to, or  greater than, 250  MWe to
exceed  an annual  sulfur  dioxide emissions  limitation equal  to the
product of the unit's baseline multiplied by an emission rate equal to
1.20 lbs/mmBtu, divided by 2,000, unless the owner or operator of such
unit holds  allowances to emit  not less than the  unit's total annual
emissions.
    "(2)  After January 1,  2000, it  shall be unlawful  for a coal or
oil-fired existing utility unit that serves a generator with nameplate
capacity of  less than 75 MWe  and an actual 1985  emission rate equal
to, or greater than, 1.20 lbs/mmBtu (excluding units subject to sec-
tion 111 of the Act or to a federally enforceable emissions limitation
for  sulfur dioxide  equivalent to  an annual rate  of less  than 1.20
lbs/mmBtu) and which  is a unit owned  by a utility  operating company
whose aggregate  nameplate fossil fuel steam-electric  capacity is, as
of December  31, 1989, less than  250 MWe, to exceed  an annual sulfur
dioxide tonnage  emissions  limitation equal  to  the product  of  the
unit's  baseline multiplied by the lesser of its actual 1985 emissions
rate  or its allowable 1985  emissions rate, divided  by 2,000, unless
the owner or operator of  such unit holds allowances to emit  not less
than the unit's total annual emissions.
    "(3) After January 1, 2000, it shall be unlawful for  any existing
utility unit with a nameplate capacity below 75 MWe and an actual 1985
emissions  rate equal to, or greater than, 1.20 lbs/mmBtu which became
operational  on or  before December  31,  1965, which  is  owned by  a
utility  operating  company with,  as of  December  31, 1989,  a total
fossil fuel  steam-electric generating capacity greater  than 250 MWe,
and  less than  450  MWe which  serves  fewer than  78,000  electrical
customers as  of the date of enactment of the Clean Air Act Amendments
of  1990  to  exceed  an  annual   sulfur  dioxide  emissions  tonnage
limitation  equal to  the product  of its  baseline multiplied  by the
lesser  of  its actual  or allowable  1985  emission rate,  divided by
2,000, unless the owner or operator holds allowances  to emit not less
than the units total annual emissions. After January 1, 2010, it shall
be  unlawful  for  each  unit  subject  to  the  emissions  limitation
requirements of  this paragraph to exceed an  annual emissions tonnage
limitation  equal  to the  product of  its  baseline multiplied  by an
emissions rate of 1.20  lbs/mmBtu, divided by 2,000, unless  the owner
or operator  holds allowances to  emit not less than  the unit's total
annual emissions.
    "(4) In  addition to  allowances allocated  pursuant to  paragraph
(1) and  section 403(a)(1)  as basic  Phase II allowance  allocations,
beginning January 1, 2000, and for each calendar year thereafter until
and  including  2009,  inclusive,  the  Administrator  shall  allocate
annually   for  each   unit  subject   to  the   emissions  limitation
requirements of paragraph (1) with an actual 1985 emissions rate equal
to, or greater than, 1.20 lbs/mmBtu and less than 2.50 lbs/mmBtu and a
baseline  capacity factor of less than 60 percent, allowances from the
reserve  created pursuant to subsection  (a)(2) in an  amount equal to
1.20 lbs/mmBtu  multiplied by 50  percent of the difference,  on a Btu
basis,  between the unit's baseline and the unit's fuel consumption at
a 60 percent capacity factor. 
    "(5) After January 1, 2000, it  shall be unlawful for any existing
utility unit with a nameplate capacity below 75 MWe and an actual 1985
emissions rate equal to, or greater than, 1.20 lbs/mmBtu which is part
of an electric utility system  which, as of the date of  the enactment
of  the Clean Air Act Amendments of  1990, (A) has at least 20 percent
of  its fossil-fuel  capacity controlled  by flue  gas desulfurization
devices,  (B) has  more than  10 percent  of its  fossil-fuel capacity
consisting of coal-fired units of less than 75 MWe, and  (C) has large
units  (greater than  400  MWe) all  of which  have difficult  or very
difficult  FGD Retrofit Cost  Factors (according to  the Emissions and
the  FGD Retrofit  Feasibility  at  the  200 Top  Emitting  Generating
Stations,  prepared  for the  United  States  Environmental Protection
Agency on January 10, 1986) to exceed an annual sulfur diox-
ide  emissions tonnage limitation equal to the product of its baseline
multiplied  by an emissions rate  of 2.5 lbs/mmBtu,  divided by 2,000,
unless the owner  or operator holds allowances  to emit not  less than
the unit's total annual emissions. After  January 1, 2010, it shall be
unlawful   for  each   unit  subject   to  the   emissions  limitation
requirements of this paragraph to  exceed an annual emissions  tonnage
limitation  equal  to the  product of  its  baseline multiplied  by an
emissions rate of 1.20  lbs/mmBtu, divided by 2,000, unless  the owner
or operator  holds for use allowances to emit not less than the unit's
total annual emissions.
    "(d) Coal-fired Units  Below 1.20 lbs/mmBtu.-(1) After  January 1,
2000,  it shall be unlawful  for any existing  coal-fired utility unit
the  lesser of whose actual or allowable 1985 sulfur dioxide emissions
rate is less  than 0.60 lbs/mmBtu to  exceed an annual  sulfur dioxide
tonnage  emission  limitation  equal  to  the  product of  the  unit's
baseline multiplied by (A) the lesser of  0.60 lbs/mmBtu or the unit's
allowable  1985  emissions rate,  and (B)  a  numerical factor  of 120
percent, divided by  2,000, unless the owner or  operator of such unit
holds  allowances  to  emit not  less  than  the  unit's total  annual
emissions.
    "(2) After January 1, 2000, it shall be  unlawful for any existing
coal-fired utility unit the  lesser of whose actual or  allowable 1985
sulfur  dioxide  emissions rate  is equal  to,  or greater  than, 0.60
lbs/mmBtu  and less  than 1.20  lbs/mmBtu to  exceed an  annual sulfur
dioxide  tonnage  emissions limitation  equal  to the  product  of the
unit's  baseline multiplied  by  (A) the  lesser  of its  actual  1985
emissions  rate  or  its allowable  1985  emissions  rate,  and (B)  a
numerical factor of 120 percent, divided by 2,000, unless the owner or
operator  of such  unit holds  allowances  to emit  not less  than the
unit's total annual emissions. 
    "(3)(A) In addition to allowances allocated  pursuant to paragraph
(1)  and section 403(a)(1) as basic Phase II allowance allocations, at
the  election  of  the  designated  representative  of  the  operating
company,  beginning  January  1,  2000,  and  for  each  calendar year
thereafter until and including  2009, the Administrator shall allocate
annually   for  each   unit  subject   to  the   emissions  limitation
requirements  of paragraph  (1)  allowances from  the reserve  created
pursuant to subsection  (a)(2) in  an amount  equal to  the amount  by
which (i)  the product of the  lesser of 0.60 lbs/mmBtu  or the unit's
allowable  1985  emissions  rate  multiplied by  the  unit's  baseline
adjusted to reflect operation at a 60 percent capacity factor, divided
by 2,000, exceeds (ii) the number of allowances allocated for the unit
pursuant  to paragraph  (1) and  section 403(a)(1)  as basic  Phase II
allowance allocations.
    "(B) In  addition to  allowances allocated  pursuant to  paragraph
(2)  and section 403(a)(1) as basic Phase II allowance allocations, at
the  election  of  the  designated  representative  of  the  operating
company, beginning  January  1,  2000,  and  for  each  calendar  year
thereafter until and including  2009, the Administrator shall allocate
annually   for  each   unit  subject   to  the   emissions  limitation
requirements  of paragraph  (2)  allowances from  the reserve  created
pursuant to  subsection (a)(2)  in an  amount equal to  the amount  by
which (i)  the  product  of  the  lesser of  the  unit's  actual  1985
emissions  rate or its allowable 1985 emissions rate multiplied by the
unit's baseline ad-
justed to reflect operation  at a 60 percent capacity  factor, divided
by 2,000, exceeds (ii) the number of allowances allocated for the unit
pursuant  to paragraph  (2) and  section 403(a)(1)  as basic  Phase II
allowance allocations.
    "(C)  An operating  company with  units subject  to the  emissions
limitation requirements of this subsection may elect the allocation of
allowances as provided under subparagraphs (A) and (B). Such  election
shall apply to the annual allowance allocation for each and every unit
in  the   operating  company  subject  to   the  emissions  limitation
requirements  of  this subsection.  The  Administrator shall  allocate
allowances pursuant  to subparagraphs (A)  and (B) only  in accordance
with this subparagraph.
    "(4)  Notwithstanding any other provision of  this section, at the
election  of the  owner  or  operator,  after  January  1,  2000,  the
Administrator  shall  allocate  in  lieu of  allocation,  pursuant  to
paragraph (1), (2), (3), (5), or (6), allowances for a unit subject to
the   emissions  limitation  requirements  of  this  subsection  which
commenced  commercial operation on or after January 1, 1981 and before
December  31,  1985, which  was subject  to,  and in  compliance with,
section 111 of the  Act in an amount  equal to the unit's annual  fuel
consumption,  on  a  Btu  basis,  at  a  65  percent  capacity  factor
multiplied by  the unit's  allowable 1985  emissions rate, divided  by
2,000.
    "(5) For the purposes of this section, in the case of an oil-  and
gas-fired  unit  which  has  been  awarded  a  clean  coal  technology
demonstration  grant as  of  January 1,  1991,  by the  United  States
Department  of Energy,  beginning January  1, 2000,  the Administrator
shall  allocate for  the  unit allowances  in an  amount equal  to the
unit's baseline multiplied by 1.20 lbs/mmBtu, divided by 2,000.
    "(e)  Oil  and Gas-fired  Units  Equal  to  or  Greater Than  0.60
lbs/mmBtu  and Less  Than 1.20  lbs/mmBtu.-After January  1,  2000, it
shall be unlawful for any existing  oil and gas-fired utility unit the
lesser  of whose actual or allowable 1985 sulfur dioxide emission rate
is equal  to, or  greater  than, 0.60  lbs/mmBtu, but  less than  1.20
lbs/mmBtu to  exceed an annual sulfur dioxide tonnage limitation equal
to the  product of the unit's baseline multiplied by (A) the lesser of
the  unit's allowable 1985 emissions rate or its actual 1985 emissions
rate  and  (B) a  numerical factor  of 120  percent divided  by 2,000,
unless the owner or operator of such unit holds allowances to emit not
less than the unit's total annual emissions. 
    "(f) Oil and  Gas-fired Units Less Than 0.60  lbs/mmBtu.-(1) After
January  1,  2000, it  shall be  unlawful  for any  oil  and gas-fired
existing utility unit  the lesser  of whose actual  or allowable  1985
emission rate is  less than  0.60 lbs/mmBtu and  whose average  annual
fuel consumption during  the period 1980  through 1989 on a  Btu basis
was  90 percent or less in the form of natural gas to exceed an annual
sulfur dioxide  tonnage emissions limitation  equal to the  product of
the unit's baseline multiplied by (A)  the lesser of 0.60 lbs/mmBtu or
the unit's allowable 1985 emissions, and (B) a numerical factor of 120
percent,  divided by 2,000, unless the  owner or operator of such unit
holds  allowances  to  emit not  less  than  the  unit's total  annual
emissions. 
    "(2) In  addition to  allowances allocated  pursuant to  paragraph
(1) as  basic Phase  II allowance  allocations and  section 403(a)(1),
beginning January 1, 2000, the Administrator shall, in the case of any
unit  operated  by  a  utility that  furnishes  electricity,  electric
energy, steam, and natural gas within an area consisting of a city and
1 contiguous  county, and in  the case  of any unit  owned by a  State
authority, the output of which unit is furnished within that same area
consisting  of a city and 1 contiguous county, the Administrator shall
allocate for  each unit in  the utility  its pro rata  share of  7,000
allowances and for each unit in the State authority its pro rata share
of 2,000 allowances.
    "(g) Units That  Commence Operation Between 1986 and  December 31,
1995.-(1) After January 1, 2000, it  shall be unlawful for any utility
unit  that has commenced commercial  operation on or  after January 1,
1986,  but  not later  than  September 30,  1990  to exceed  an annual
tonnage  emission limitation equal to the product of the unit's annual
fuel  consumption, on  a Btu  basis, at  a 65 percent  capacity factor
multiplied by the unit's allowable  1985 sulfur dioxide emission  rate
(converted,  if  necessary, to  pounds  per mmBtu),  divided  by 2,000
unless the owner or operator of such unit holds allowances to emit not
less than the unit's total annual emissions.
    "(2)  After January  1,  2000,  the Administrator  shall  allocate
allowances pursuant to  section 403  to each unit  which is listed  in
table B  of this paragraph  in an  annual amount equal  to the  amount
specified in table B.  

                                TABLE B
    Unit
Allowances  
Brandon Shores                                                 8,907
Miller 4                                                    9,197
TNP One 2                                                      4,000
Zimmer 1                                                    18,458
Spruce 1                                                    7,647
Clover 1                                                    2,796
Clover 2                                                    2,796
Twin Oak 2                                                  1,760
Twin Oak 1                                                  9,158
Cross 1                                                        6,401
Malakoff 1                                                  1,759

Notwithstanding  any other  paragraph  of this  subsection, for  units
subject  to  this  paragraph,  the Administrator  shall  not  allocate
allowances  pursuant  to  any  other  paragraph  of  this  subsection,
Provided  that the owner or operator  of a unit listed  on Table B may
elect an  allocation of  allowances  under another  paragraph of  this
subsection in lieu of an allocation under this paragraph.
    "(3) Beginning January  1, 2000, the Administrator  shall allocate
to the owner or operator of any utility unit that commences commercial
operation, or has commenced commercial operation, on or  after October
1, 1990,  but not later than December 31, 1992 allowances in an amount
equal  to the product of the unit's  annual fuel consumption, on a Btu
basis, at  a 65 percent  capacity factor multiplied  by the  lesser of
0.30  lbs/mmBtu or the  unit's allowable sulfur  dioxide emission rate
(converted, if necessary, to pounds per mmBtu), divided by 2,000.
    "(4) Beginning January  1, 2000, the Administrator  shall allocate
to  the owner  or  operator of  any utility  unit  that has  commenced
construction before  December 31,  1990 and that  commences commercial
operation between January 1, 1993 and December 31, 1995, allow-
ances  in an  amount equal to  the product  of the  unit's annual fuel
consumption,  on  a  Btu  basis,  at  a  65  percent  capacity  factor
multiplied by the  lesser of  0.30 lbs/mmBtu or  the unit's  allowable
sulfur  dioxide emission rate (converted,  if necessary, to pounds per
mmBtu), divided by 2,000.
    "(5) After January 1, 2000, it shall be unlawful for any  existing
utility  unit that  has  completed conversion  from predominantly  gas
fired existing  operation to coal  fired operation between  January 1,
1985  and December  31, 1987,  for which  there has  been  allocated a
proposed  or final prohibition order pursuant to section 301(b) of the
Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8301 et seq,
repealed  1987) to exceed  an annual sulfur  dioxide tonnage emissions
limitation equal to the product of the unit's annual fuel consumption,
on a  Btu basis,  at a  65 percent capacity  factor multiplied  by the
lesser of 1.20 lbs/mmBtu  or the unit's allowable 1987  sulfur dioxide
emissions rate, divided by 2,000, unless the owner or operator of such
unit has obtained allowances equal to its actual emissions.
    "(6)(A) Unless  the Administrator  has approved  a designation  of
such  facility under section 410,  the provisions of  this title shall
not  apply  to  a  `qualifying  small  power  production facility'  or
`qualifying  cogeneration facility'  (within  the  meaning of  section
3(17)(C)  or  3(18)(B)  of  the  Federal  Power  Act)  or  to  a  `new
independent  power  production facility'  as  defined  in section  416
except that clause (iii)  of such definition in section  416 shall not
apply for purposes of this paragraph if, as of the date of enactment,
       "(i) an applicable power sales agreement has been executed; or
       "(ii)  the  facility  is  the subject  of  a  State  regulatory
    authority  order  requiring an  electric utility  to enter  into a
    power  sales  agreement  with, purchase  capacity  from,  or  (for
    purposes  of establishing  terms and  conditions  of the  electric
    utility's  purchase of power)  enter into  arbitration concerning,
    the facility; 
       "(iii) an electric  utility has  issued a letter  of intent  or
    similar instrument committing to purchase power  from the facility
    at  a  previously  offered  or  lower  price  and  a  power  sales
    agreement is executed within a reasonable period of time; or
       "(iv) the facility  has been selected as a  winning bidder in a
    utility competitive bid solicitation.
    "(h)  Oil  and   Gas-fired  Units   Less  Than   10  Percent   Oil
Consumed.-(1) After January 1, 2000, it shall be unlawful for any oil-
and  gas-fired  utility unit  whose  average  annual fuel  consumption
during the period 1980 through 1989 on a Btu basis exceeded 90 percent
in the form of natural gas to exceed an annual  sulfur dioxide tonnage
limitation equal to the  product of the unit's baseline  multiplied by
the  unit's actual  1985 emissions  rate divided  by 2,000  unless the
owner or operator of such unit holds allowances to emit  not less than
the unit's total annual emissions.
    "(2) In  addition to  allowances allocated  pursuant to  paragraph
(1) and  section 403(a)(1)  as basic  Phase II allowance  allocations,
beginning January 1, 2000, and for each calendar year thereafter until
and including 2009, the Administrator shall allocate annually for each
unit subject to the emissions limitation requirements of paragraph (1)
allowances from the reserve created pursuant to subsection 
(a)(2) in  an amount equal to the  unit's baseline multiplied by 0.050
lbs/mmBtu, divided by 2,000.
    "(3) In  addition to  allowances allocated  pursuant to  paragraph
(1)   and  section   403(a)(1),   beginning  January   1,  2010,   the
Administrator shall  allocate annually  for each  unit subject  to the
emissions limitation  requirements of  paragraph (1) allowances  in an
amount  equal to  the unit's baseline  multiplied by  0.050 lbs/mmBtu,
divided by 2,000.
    "(i) Units  in High Growth  States.-(1) In addition to  allowances
allocated  pursuant  to this  section and  section 403(a)(1)  as basic
Phase  II  allowance  allocations,  beginning  January  1,  2000,  the
Administrator  shall  allocate  annually  allowances  for  each  unit,
subject to an emissions limitation requirement under this section, and
located in a State that-
       "(A) has experienced  a growth  in population in  excess of  25
    percent between 1980 and  1988 according  to State Population  and
    Household  Estimates, With  Age, Sex,  and  Components of  Change:
    1981-1988 allocated by  the United States Department  of Commerce,
    and 
       "(B) had  an installed  electrical generating capacity  of more
    than 30,000,000 kw in 1988,  
in an  amount  equal to  the  difference  between (A)  the  number  of
allowances  that would  be  allocated for  the  unit pursuant  to  the
emissions limitation  requirements of  this section applicable  to the
unit adjusted to reflect the unit's annual average fuel consumption on
a Btu basis  of any three consecutive calendar years  between 1980 and
1989  (inclusive)  as elected  by the  owner or  operator and  (B) the
number  of allowances allocated for the unit pursuant to the emissions
limitation requirements of this section: Provided, That the  number of
allowances allocated pursuant  to this subsection shall not  exceed an
annual total of 40,000.  If necessary to meeting the  40,000 allowance
restriction  imposed  under this  subsection  the  Administrator shall
reduce, pro rata, the additional  annual allowances allocated to  each
unit under this subsection.
    "(2)  Beginning  January  1,  2000,  in   addition  to  allowances
allocated  pursuant to  this section  and section  403(a)(1) as  basic
Phase  II  allowance  allocations, the  Administrator  shall  allocate
annually   for  each   unit  subject   to  the   emissions  limitation
requirements of subsection (b)(1),  (A) the lesser of whose  actual or
allowable 1980 emissions rate has declined by 50 percent or more as of
the date  of enactment of  the Clean Air  Act Amendments of  1990, (B)
whose  actual emissions rate is less than  1.2 lbs/mmBtu as of January
1,  2000, (C)  which commenced  operation after  January 1,  1970, (D)
which  is owned  by a  utility company  whose combined  commercial and
industrial kilowatt-hour sales have increased  by more than 20 percent
between calendar year 1980 and the date of enactment of  the Clean Air
Act Amendments of 1990, and (E) whose company-wide  fossil-fuel sulfur
dioxide emissions rate has declined 40 per centum or more from 1980 to
1988, allowances in an amount equal to  the difference between (i) the
number of allowances that would be allocated for the  unit pursuant to
the emissions limitation requirements of subsection (b)(1) adjusted to
reflect the  unit's annual average fuel consumption on a Btu basis for
any  three consecutive  years  between 1980  and  1989 (inclusive)  as
elected by the owner or operator and (ii) 
the  number of  allowances  allocated for  the  unit pursuant  to  the
emissions limitation requirements of subsection (b)(1): Provided, That
the  number of allowances  allocated pursuant to  this paragraph shall
not  exceed an  annual total  of 5,000.  If necessary  to meeting  the
5,000-allowance  restriction  imposed  in   the  last  clause  of  the
preceding  sentence  the Administrator  shall  reduce,  pro rata,  the
additional  allowances  allocated  to   each  unit  pursuant  to  this
paragraph.
    "(j) Certain Municipally Owned Power  Plants.-Beginning January 1,
2000, in addition to allowances allocated pursuant to this section and
section  403(a)(1)  as  basic  Phase  II  allowance  allocations,  the
Administrator shall  allocate annually  for each existing  municipally
owned oil and gas-fired utility unit with nameplate capacity equal to,
or less  than, 40 MWe,  the lesser of  whose actual or  allowable 1985
sulfur  dioxide  emission rate is less than 1.20 lbs/mmBtu, allowances
in  an  amount  equal  to  the  product  of  the  unit's  annual  fuel
consumption on a Btu basis at a 60 percent  capacity factor multiplied
by the lesser of its  allowable 1985 emission rate or its  actual 1985
emission rate, divided by 2,000.  
"SEC. 406. ALLOWANCES FOR STATES WITH EMISSIONS RATES AT OR BELOW 0.80
LBS/MMBTU.
    "(a)  Election  of   Governor.-In  addition  to  basic   Phase  II
allowance allocations, upon the election of the Governor of any State,
with a 1985 state-wide  annual sulfur dioxide emissions rate  equal to
or less  than, 0.80  lbs/mmBtu,  averaged over  all fossil  fuel-fired
utility  steam generating  units, beginning  January 1, 2000,  and for
each  calendar   year  thereafter   until  and  including   2009,  the
Administrator  shall  allocate,  in  lieu  of  other  Phase  II  bonus
allowance allocations, allowances from the reserve created pursuant to
section 405(a)(2) to all such units in the State in an amount equal to
125,000  multiplied  by the  unit's  pro  rata  share  of  electricity
generated in  calendar year  1985 at  fossil fuel-fired  utility steam
units in all States eligible for the election.
    "(b)   Notification   of   Administrator.-Pursuant   to    section
403(a)(1), each Governor of a State eligible to make an election under
paragraph  (a) shall notify the Administrator of such election. In the
event  that  the Governor  of  any  such  State  fails to  notify  the
Administrator of  the Governor's  elections,  the Administrator  shall
allocate allowances pursuant to section 405.
    "(c) Allowances After January 1,  2010.-After January 1, 2010, the
Administrator  shall  allocate  allowances  to units  subject  to  the
provisions of this section pursuant to section 405.
"SEC. 407. NITROGEN OXIDES EMISSION REDUCTION PROGRAM.
    "(a) Applicability.-On  the date  that a  coal-fired utility  unit
becomes an affected unit pursuant to sections 404, 405, 409, or on the
date a  unit subject to  the provisions of  section 404(d) or  409(b),
must  meet the SO2 reduction requirements, each such unit shall become
an affected  unit for purposes of this section and shall be subject to
the emission limitations for nitrogen oxides set forth herein.
    "(b) Emission  Limitations.-(1)  Not  later than  eighteen  months
after  enactment  of  the  Clean  Air  Act  Amendments  of  1990,  the
Administrator  shall by regulation establish annual allowable emission
limitations  for nitrogen  oxides  for the  types  of utility  boilers
listed 
below,  which  limitations shall  not exceed  the rates  listed below:
Provided,  That  the Administrator  may set  a  rate higher  than that
listed for any  type of utility boiler if the Administrator finds that
the maximum listed rate for that  boiler type cannot be achieved using
low NOx burner technology. The maximum allowable emission rates are as
follows:
       "(A) for tangentially fired boilers, 0.45 lb/mmBtu;
       "(B)  for  dry  bottom  wall-fired boilers  (other  than  units
    applying cell burner  technology), 0.50 lb/mmBtu.    After January
    1,  1995, it shall  be unlawful  for any unit  that is an affected
    unit on that  date and is of the  type listed in this paragraph to
    emit nitrogen oxides in  excess of the  emission rates set by  the
    Administrator pursuant to this paragraph.
    "(2) Not later than January  1, 1997, the Administrator  shall, by
regulation, establish  allowable emission limitations  on a  lb/mmBtu,
annual average basis, for  nitrogen oxides for the following  types of
utility boilers:
       "(A) wet bottom wall-fired boilers;
       "(B) cyclones;
       "(C) units applying cell burner technology;
       "(D) all  other types  of utility boilers.   The  Administrator
    shall  base  such  rates on  the  degree  of  reduction achievable
    through the retrofit application of the best  system of continuous
    emission  reduction,  taking  into  account available  technology,
    costs  and  energy   and  environmental  impacts;  and   which  is
    comparable to the costs of  nitrogen oxides controls set  pursuant
    to  subsection  (b)(1).  Not  later  than  January  1,  1997,  the
    Administrator may revise  the applicable emission limitations  for
    tangentially fired and dry bottom, wall-fired  boilers (other than
    cell  burners)   to  be  more   stringent  if  the   Administrator
    determines  that  more  effective low  NOx  burner  technology  is
    available:  Provided, That,  no  unit  that is  an  affected  unit
    pursuant to  section 404 and that  is subject  to the requirements
    of subsection  (b)(1), shall  be subject  to the  revised emission
    limitations, if any.
    "(c) Revised Performance Standards.-(1) Not later  than January 1,
1993, the Administrator shall propose revised standards of performance
to section  111 for nitrogen  oxides emissions from  fossil-fuel fired
steam generating units, including both electric utility and nonutility
units.  Not  later than  January  1,  1994,  the  Administrator  shall
promulgate  such  revised  standards  of  performance.   Such  revised
standards of performance shall reflect improvements in methods for the
reduction of emissions of oxides of nitrogen.
    "(d)  Alternative  Emission Limitations.-The  permitting authority
shall, upon request of an owner or operator of a unit subject  to this
section,  authorize an  emission  limitation less  stringent than  the
applicable limitation  established under  subsection (b)(1) or  (b)(2)
upon a determination that-
       "(1) a  unit  subject  to  subsection (b)(1)  cannot  meet  the
    applicable limitation using low NOx burner technology; or
       "(2) a  unit  subject  to subsection  (b)(2)  cannot  meet  the
    applicable rate  using the technology  on which the  Administrator
    based the applicable emission limitation.
  The  permitting  authority  shall  base such  determination  upon  a
showing satisfactory to the permitting authority, in accordance with 
regulations established  by the Administrator not  later than eighteen
months after enactment of  the Clean Air Act Amendments  of 1990, that
the owner or operator-
       "(1)  has  properly  installed  appropriate  control  equipment
    designed to meet the applicable emission rate;
       "(2) has  properly  operated such  equipment  for a  period  of
    fifteen months (or  such other period of time as the Administrator
    determines through the  regulations), and  provides operating  and
    monitoring  data  for  such period  demonstrating  that  the  unit
    cannot meet the applicable emission rate; and
       "(3) has specified an emission rate that such  unit can meet on
    an annual average  basis.  The permitting authority shall issue an
    operating  permit for  the unit  in question,  in  accordance with
    section 408 and part B of title III-
       "(i)  that permits  the  unit during  the demonstration  period
    referred  to  in subparagraph  (2) above,  to  emit at  a  rate in
    excess of the applicable emission rate;
       "(ii) at the  conclusion of the demonstration  period to revise
    the  operating permit  to reflect  the  alternative emission  rate
    demonstrated in paragraphs (2) and (3) above.  
Units subject to  subsection (b)(1) for which an  alternative emission
limitation  is  established shall  not  be  required  to  install  any
additional control technology beyond low  NOx burners. Nothing in this
section  shall  preclude  an  owner or  operator  from  installing and
operating an  alternative NOx control technology  capable of achieving
the applicable emission limitation. If the owner or operator of a unit
subject to the emissions  limitation requirements of subsection (b)(1)
demonstrates  to  the  satisfaction  of  the  Administrator  that  the
technology  necessary to  meet  such requirements  is not  in adequate
supply   to  enable  its  installation  and  operation  at  the  unit,
consistent  with  system reliability,  by  January 1,  1995,  then the
Administrator shall extend the deadline for compliance for the unit by
a  period  of  15  months. Any  owner  or  operator  may  petition the
Administrator to make a determination under the previous sentence. The
Administrator shall grant  or deny  such petition within  3 months  of
submittal.
    "(e)   Emissions  Averaging.-In   lieu  of   complying  with   the
applicable emission limitations under subsection (b) (1), (2), or (d),
the owner or operator of  two or more units subject to one  or more of
the applicable  emission limitations  set pursuant to  these sections,
may petition the permitting authority for  alternative contemporaneous
annual  emission limitations for such  units that ensure  that (1) the
actual annual emission rate  in pounds of nitrogen oxides  per million
Btu averaged over the units in question is a rate that is less than or
equal to (2)  the Btu-weighted  average annual emission  rate for  the
same units if they had been operated, during the same  period of time,
in  compliance with limitations set in  accordance with the applicable
emission rates set pursuant to subsections (b) (1) and (2).
    "If  the  permitting  authority  determines,  in  accordance  with
regulations issued by the Administrator not later than eighteen months
after enactment  of the  Clean Air Act  Amendments of  1990; that  the
conditions in the paragraph above can be met, the permitting au-
thority shall issue  operating permits for  such units, in  accordance
with section  408 and  part B  of  title III,  that allow  alternative
contemporaneous annual emission limitations. Such emission limitations
shall  only remain in effect while both units continue operation under
the conditions specified in their respective operating permits.  
"SEC. 408. PERMITS AND COMPLIANCE PLANS.
    "(a)  Permit  Program.-The  provisions  of  this  title  shall  be
implemented,  subject  to  section 403,  by  permits  issued  to units
subject to this title (and enforced) in accordance with the provisions
of title V, as  modified by this title. Any such  permit issued by the
Administrator,  or by a State  with an approved  permit program, shall
prohibit-
       "(1) annual emissions of sulfur dioxide in excess of the number
    of  allowances to  emit sulfur dioxide  the owner  or operator, or
    the  designated representative of the  owners or operators, of the
    unit hold for the unit,
       "(2) exceedances of applicable emissions rates,
       "(3) the  use of any allowance  prior to the year  for which it
    was allocated, and 
       "(4) contravention of any other provision of the permit.   
Permits issued to implement this title shall be issued for a period of
5  years, notwithstanding title  V. No permit shall  be issued that is
inconsistent  with  the requirements  of this  title,  and title  V as
applicable.
    "(b)  Compliance  Plan.-Each initial  permit application  shall be
accompanied by  a compliance plan  for the  source to comply  with its
requirements under  this title. Where  an affected source  consists of
more than one affected unit, such plan shall cover all such units, and
for  purposes of  section 502(c),  such source  shall be  considered a
`facility'. Nothing in  this section regarding compliance plans  or in
title V shall be construed as affecting allowances. Except as provided
under  subsection (c)(1)(B), submission of a statement by the owner or
operator,  or   the  designated  representative  of   the  owners  and
operators, of a unit subject to the emissions limitation  requirements
of sections 404, 405, and 407,  that the unit will meet the applicable
emissions limitation requirements of such  sections in a timely manner
or  that,  in the  case of  the  emissions limitation  requirements of
sections 404 and 405, the owners and operators will hold allowances to
emit not  less than the total  annual emissions of the  unit, shall be
deemed  to   meet  the  proposed  and   approved  compliance  planning
requirements of  this section and title  V, except that,  for any unit
that  will  meet  the requirements  of  this  title  by  means  of  an
alternative  method of  compliance authorized  under section  404 (b),
(c), (d), or (f) section 407 (d)  or (e), section 409 and section 410,
the  proposed and  approved  compliance plan,  permit application  and
permit  shall  include, pursuant  to  regulations  promulgated by  the
Administrator,   for   each   alternative  method   of   compliance  a
comprehensive  description of the schedule and means by which the unit
will rely on  one or  more alternative  methods of  compliance in  the
manner  and  time authorized  under  this  title. Recordation  by  the
Administrator of transfers of allowances shall amend automatically all
applicable  proposed or approved permit applications, compliance plans
and permits. The Administrator may also require-
       "(1) for a  source, a demonstration  of attainment of  national
    ambient air quality standards, and
       "(2)  from  the  owner or  operator  of  two  or more  affected
    sources, an integrated  compliance plan providing an  overall plan
    for achieving compliance at the affected sources.
    "(c) First  Phase Permits.-The  Administrator shall  issue permits
to affected sources under sections 404 and 407.
       "(1) Permit application and compliance plan.-(A) Not later than
    27  months after the date  of the enactment  of the  Clean Air Act
    Amendments of  1990, the designated  representative of the  owners
    or operators, or the owner  and operator, of each  affected source
    under sections 404 and 407  shall submit a permit  application and
    compliance plan  for that  source in  accordance with  regulations
    issued  by  the  Administrator under  paragraph  (3).  The  permit
    application and the  compliance plan shall be binding on the owner
    or  operator  or  the  designated  representative  of  owners  and
    operators  for purposes  of this  title  and  section 402(a),  and
    shall be enforceable in lieu  of a permit until a permit is issued
    by the Administrator for the source.
       "(B) In the case  of a compliance  plan for an affected  source
    under  sections  404 and  407  for  which  the  owner or  operator
    proposes  to meet  the requirements  of that  section  by reducing
    utilization of  the unit  as  compared with  its baseline   or  by
    shutting  down the  unit, the owner  or operator  shall include in
    the proposed compliance  plan a specification of the unit or units
    that  will provide  electrical generation  to  compensate for  the
    reduced output  at the  affected source, or  a demonstration  that
    such  reduced  utilization will  be  accomplished  through  energy
    conservation or improved  unit efficiency. The unit to be used for
    such compensating generation,  which is not otherwise  an affected
    unit under sections 404 and 407,  shall be deemed an affected unit
    under  section 404,  subject to all  of the  requirements for such
    units under this title, except that allowances shall be  allocated
    to such  compensating unit in the  amount of  an annual limitation
    equal to  the product  of the  unit's baseline  multiplied by  the
    lesser of the unit's actual  1985 emissions rate or  its allowable
    1985 emissions rate, divided by 2,000.
       "(2)  EPA action  on compliance plans.-The  Administrator shall
    review  each proposed  compliance  plan  to determine  whether  it
    satisfies the  requirements of this  title, and  shall approve  or
    disapprove such plan within 6  months after receipt of  a complete
    submission. If  a plan is disapproved,  it may  be resubmitted for
    approval  with such  changes as  the  Administrator shall  require
    consistent  with the requirements  of this  title and  within such
    period  as   the  Administrator   prescribes  as   part  of   such
    disapproval.
       "(3) Regulations; issuance of permits.-Not later than 18 months
    after the date  of the enactment of  the Clean Air Act  Amendments
    of  1990,  the  Administrator  shall  promulgate  regulations,  in
    accordance with title  V, to implement a Federal permit program to
    issue permits  for affected  sources under  this title.  Following
    promulgation, the Administrator shall issue a  permit to implement
    the requirements of section  404 and the allowances provided under
    section 403 to the owner or operator of 
    each  affected  source under  section  404.  Such a  permit  shall
    supersede  any permit  application and  compliance plan  submitted
    under paragraph (1).
       "(4) Fees.-During the years 1995 through 1999 inclusive, no fee
    shall be  required to  be paid  under section  502(b)(3) or  under
    section  110(a)(2)(L) with  respect  to  emissions from  any  unit
    which is an affected unit under section 404.
    "(d) Second Phase  Permits.-(1) To provide for permits for (A) new
electric utility steam generating  units required under section 403(e)
to have allowances, (B)  affected units or sources under  section 405,
and  (C) existing units subject to  nitrogen oxide emission reductions
under  section 407,  each State  in which  one or  more such  units or
sources  are located shall submit in accordance with title V, a permit
program for approval  as provided by that title. Upon approval of such
program, for the units or sources subject to such approved program the
Administrator  shall suspend  the issuance of  permits as  provided in
title V.
    "(2) The  owner or  operator or the  designated representative  of
each  affected  source  under  section  405   shall  submit  a  permit
application  and compliance  plan  for that  source to  the permitting
authority, not later than January 1, 1996.
    "(3)  Not  later  than  December  31,  1997,  each  State  with an
approved  permit program shall issue permits to the owner or operator,
or the  designated  representative of  the  owners and  operators,  of
affected sources under  section 405 that  satisfy the requirements  of
title  V and  this title  and that  submitted to  such State  a permit
application and compliance plan pursuant to paragraph (2). In the case
of a State  without an approved  permit program by  July 1, 1996,  the
Administrator shall, not later than January 1, 1998, issue a permit to
the  owner or operator or  the designated representative  of each such
affected  source.  In   the  case  of   affected  sources  for   which
applications and  plans are timely  received under paragraph  (2), the
permit  application and  the  compliance  plan,  including  amendments
thereto, shall  be binding on the owner  or operator or the designated
representative  of the owners or operators and shall be enforceable as
a permit  for purposes  of this title  and title V  until a  permit is
issued  by  the  permitting authority  for  the  affected source.  The
provisions of section  558(c) of  title V  of the  United States  Code
(relating to renewals) shall  apply to permits issued by  a permitting
authority under this title and title V.
    "(4) The permit issued in  accordance with this subsection  for an
affected  source shall provide that the affected units at the affected
source  may not emit an annual tonnage  of sulfur dioxide in excess of
the number of allowances to emit sulfur dioxide  the owner or operator
or designated representative hold for the unit.
    "(e)  New  Units.-The  owner  or  operator  of  each  source  that
includes a new electric  utility steam generating unit shall  submit a
permit application and compliance plan to the permitting authority not
later than 24 months  before the later of (1) January  1, 2000, or (2)
the  date  on  which  the unit  commences  operation.  The  permitting
authority shall  issue  a permit  to  the owner  or  operator, or  the
designated  representative thereof,  of  the unit  that satisfies  the
requirements of title V and this title.
    "(f)  Units  Subject   to  Certain  Other  Limits.-The   owner  or
operator, or designated representative thereof, of any unit subject to
an emission rate requirement  under section 407 shall submit  a permit
application and  compliance  plan  for such  unit  to  the  permitting
authority, not  later than January  1, 1998. The  permitting authority
shall  issue a  permit  to the  owner or  operator that  satisfies the
requirements of  title V  and  this title,  including any  appropriate
monitoring and reporting requirements.
    "(g) Amendment  of Application  and Compliance  Plan.-At any  time
after  the submission of an application and compliance plan under this
section, the applicant may submit a revised application and compliance
plan,  in  accordance  with  the  requirements  of  this  section.  In
considering  any permit  application  and compliance  plan under  this
title,  the permitting  authority shall  ensure coordination  with the
applicable  electric ratemaking  authority, in  the case  of regulated
utilities, and with unregulated public utilities.
    "(h) Prohibition.-(1)  It  shall  be  unlawful  for  an  owner  or
operator, or  designated representative,  required to submit  a permit
application or compliance plan under this title to fail to submit such
application or plan in accordance with the deadlines specified in this
section or to  otherwise fail to comply with  regulations implementing
this section. 
    "(2)  It shall be  unlawful for  any person to  operate any source
subject  to this  title  except  in  compliance  with  the  terms  and
requirements of  a permit  application and compliance  plan (including
amendments thereto) or permit  issued by the Administrator or  a State
with  an approved  permit program.  For purposes  of this  subsection,
compliance,  as provided in section 504(f), with a permit issued under
title  V which complies  with this title  for sources subject  to this
title  shall  be deemed  compliance with  this  subsection as  well as
section 502(a).
    "(3) In order  to ensure reliability of electric power, nothing in
this title or title V  shall be construed as requiring termination  of
operations of an electric utility steam generating unit for failure to
have  an approved permit or compliance plan, except that any such unit
may be  subject to  the applicable  enforcement provisions  of section
113.
    "(i)  Multiple  Owners.-No  permit  shall  be  issued  under  this
section to an affected unit until the designated representative of the
owners or  operators has  filed a  certificate of representation  with
regard  to  matters  under  this  title,  including  the  holding  and
distribution of allowances and  the proceeds of transactions involving
allowances. Where there are  multiple holders of a legal  or equitable
title to, or a leasehold interest in,  such a unit, or where a utility
or  industrial customer  purchases  power from  an  affected unit  (or
units)  under life-of-the-unit,  firm power  contractual arrangements,
the  certificate shall state (1)  that allowances and  the proceeds of
transactions involving  allowances  will  be  deemed  to  be  held  or
distributed  in   proportion  to   each  holder's   legal,  equitable,
leasehold, or contractual  reservation or entitlement, or  (2) if such
multiple holders have expressly  provided for a different distribution
of  allowances  by  contract,  that  allowances  and  the  proceeds of
transactions  involving allowances  will  be  deemed  to  be  held  or
distributed  in accordance with the  contract. A passive  lessor, or a
person who has an equitable 
interest through such  lessor, whose  rental payments  are not  based,
either  directly or indirectly, upon  the revenues or  income from the
affected  unit  shall  not  be  deemed to  be  a  holder  of  a legal,
equitable,  leasehold,  or contractual  interest  for  the purpose  of
holding  or distributing  allowances as  provided in  this subsection,
during  either  the  term  of  such  leasehold or  thereafter,  unless
expressly provided for in the leasehold agreement. Except as otherwise
provided in  this subsection, where all legal or equitable title to or
interest  in  an  affected unit  is  held  by  a  single  person,  the
certification shall state that all allowances received by the unit are
deemed to be held for that person.  
"SEC. 409. REPOWERED SOURCES.
    "(a) Availability.-Not later than December  31, 1997, the owner or
operator  of an  existing  unit subject  to  the emissions  limitation
requirements  of  section  405 (b)  and  (c)  may  demonstrate to  the
permitting authority that one  or more units will be repowered  with a
qualifying clean coal technology to comply with the requirements under
section  405.  The owner  or  operator  shall,  as part  of  any  such
demonstration, provide,  not later than January  1, 2000, satisfactory
documentation of a preliminary design and engineering effort  for such
repowering  and an executed and  binding contract for  the majority of
the equipment to repower such  unit and such other information as  the
Administrator  may  require  by  regulation.  The  replacement  of  an
existing  utility  unit with  a new  utility  unit using  a repowering
technology  referred  to  in section  402(2)  which  is  located at  a
different  site, shall be treated  as repowering of  the existing unit
for purposes of this title, if-
       "(1)  the  replacement  unit  is  designated by  the  owner  or
    operator to replace such existing unit, and
       "(2) the existing unit is retired from service on or before the
    date on  which the designated  replacement unit enters  commercial
    operation.
    "(b)   Extension.-(1)  An   owner  or   operator   satisfying  the
requirements  of subsection (a) shall  be granted an  extension of the
emission  limitation requirement  compliance date  for that  unit from
January  1, 2000,  to  December  31,  2003.  The  extension  shall  be
specified  in the  permit  issued to  the  source under  section  408,
together with any compliance schedule and other requirements necessary
to meet second phase requirements by the extended date.  Any unit that
is granted an extension under this section shall not be eligible for a
waiver under  section 111(j)  of this  Act, and shall  continue to  be
subject to  requirements under this title as if it were a unit subject
to section 405.
    "(2) If  (A) the owner  or operator of an  existing unit has  been
granted an extension under paragraph (1) in order to repower such unit
with a clean coal unit, and (B) such owner or operator demonstrates to
the satisfaction  of the Administrator that  the repowering technology
to be utilized  by such unit has been properly  constructed and tested
on such unit, but nevertheless has been unable to achieve the emission
reduction   limitations  and   is   economically  or   technologically
infeasible,  such existing unit  may be retrofitted  or repowered with
equipment  or facilities  utilizing another  clean coal  technology or
other available control technology.
    "(c)  Allowances.-(1) For  the period of  the extension under this
section,  the Administrator shall allocate to the owner or operator of
the affected unit, annual  allowances for sulfur dioxide equal  to the
affected unit's  baseline  multiplied  by the  lesser  of  the  unit's
federally approved State Implementation  Plan emissions limitation  or
its actual  emission rate for  1995 in lieu  of any  other allocation.
Such allowances may not be transferred or used by any  other source to
meet  emission requirements  under  this title.  The  source owner  or
operator shall notify the  Administrator sixty days in advance  of the
date  on which  the affected  unit for  which the  extension has  been
granted  is to  be removed  from operation  to install  the repowering
technology.
    "(2)  Effective on that  date, the  unit shall  be subject  to the
requirements of section 405. Allowances for the year in which the unit
is removed from operation to  install the repowering technology  shall
be calculated as the product of the unit's baseline multiplied by 1.20
lbs/mmBtu,  divided  by  2,000,  and  prorated  accordingly,  and  are
transferable.
    "(3)  Allowances for  such  existing  utility units  for  calendar
years after the year the repowering is complete shall be calculated as
the product  of  the  existing  unit's  baseline  multiplied  by  1.20
lbs/mmBtu, divided by 2,000.
    "(4) Notwithstanding  the provisions of  section 403 (a) and  (e),
allowances shall  be  allocated under  this section  for a  designated
replacement unit which replaces  an existing unit (as provided  in the
last sentence of subsection (a)) in lieu of any further allocations of
allowances for the existing unit.
    "(5)  For   the  purpose  of   meeting  the  aggregate   emissions
limitation requirement set forth in section 403(a)(1), the  units with
an extension under this  subsection shall be treated in  each calendar
year during the extension period as holding allowances allocated under
paragraph (3).
    "(d) Control  Requirements.-Any unit qualifying  for an  extension
under  this section that does not increase actual hourly emissions for
any  pollutant regulated  under the  Act shall not  be subject  to any
standard of performance under section 111 of this Act. Notwithstanding
the provisions  of this subsection,  no new  unit (1) designated  as a
replacement for  an existing unit,  (2) qualifying  for the  extension
under subsection  (b), and (3)  located at a  different site  than the
existing unit shall receive an exemption from the requirements imposed
under section 111.
    "(e)  Expedited  Permitting.-State  permitting  authorities   and,
where applicable, the Administrator,  are encouraged to give expedited
consideration to permit applications under parts C and D of title I of
this  Act  for  any source  qualifying  for  an  extension under  this
section.
    "(f) Prohibition.-It  shall be unlawful for  the owner or operator
of a repowered source to  fail to comply with the requirement  of this
section,  or any regulations of  permit requirements to implement this
section, including the prohibition  against emitting sulfur dioxide in
excess of allowances held.
"SEC. 410. ELECTION FOR ADDITIONAL SOURCES.
    (a) Applicability.-The owner  or operator of any unit that is not,
nor will become, an affected unit  under section 403(e), 404, or  405,
or that  is a process source  under subsection (d), that  emits sulfur
dioxide,  may  elect to  designate that  unit or  source to  become an
affected  unit and to receive allowances under this title. An election
shall be submitted  to the  Administrator for approval,  along with  a
permit  application and  proposed compliance  plan in  accordance with
section 408. The Administrator shall  approve a designation that meets
the requirements of this section, and such designated unit, or source,
shall be allocated allowances, and be an affected unit for purposes of
this title.
    "(b)  Establishment   of   Baseline.-The  baseline   for  a   unit
designated   under  this   section   shall  be   established  by   the
Administrator by  regulation, based on fuel  consumption and operating
data for the unit for calendar years 1985, 1986, and  1987, or if such
data is  not available,  the Administrator  may  prescribe a  baseline
based on alternative representative data. 
    "(c)   Emission  Limitations.-Annual   emissions  limitations  for
sulfur  dioxide  shall  be  equal  to  the  product  of  the  baseline
multiplied  by the  lesser  of the  unit's  1985 actual  or  allowable
emission  rate in lbs/mmBtu, or, if the  unit did not operate in 1985,
by the  lesser of the unit's  actual or allowable emission  rate for a
calendar year after 1985 (as determined by the Administrator), divided
by 2,000. 
    "(d) Process Sources.-Not later  than 18 months after enactment of
the  Clean  Air  Act  Amendments  of  1990,  the  Administrator  shall
establish a  program under which  the owner or  operator of  a process
source that emits sulfur dioxide may elect to designate that source as
an  affected unit for the  purpose of receiving  allowances under this
title. The Administrator shall, by regulation, define the sources that
may  be  designated; specify  the  emissions  limitation; specify  the
operating, emission baseline, and  other data requirements;  prescribe
CEMS   or  other  monitoring   requirements;  and  promulgate  permit,
reporting, and  any other requirements  necessary to implement  such a
program. 
    "(e)  Allowances  and  Permits.-The   Administrator  shall   issue
allowances to an affected  unit under this section in an  amount equal
to the emissions limitation calculated under subsection (c) or (d), in
accordance  with section 403. Such allowance may be used in accordance
with, and shall be subject to, the provisions of section 403. Affected
sources under this  section shall  be subject to  the requirements  of
sections 403, 408, 411, 412, 413, and 414.
    "(f) Limitation.-Any unit designated under this  section shall not
transfer  or  bank   allowances  produced  as  a   result  of  reduced
utilization  or   shutdown,  except  that,  such   allowances  may  be
transferred  or carried  forward for  use in  subsequent years  to the
extent that  the  reduced utilization  or  shutdown results  from  the
replacement  of thermal  energy from  the unit  designated  under this
section,  with thermal  energy generated  by any  other unit  or units
subject to the requirements  of this title, and the  designated unit's
allowances  are transferred or carried  forward for use  at such other
replacement unit or units.  In no case may the  Administrator allocate
to  a source  designated under  this section  allowances in  an amount
greater than 
the  emissions  resulting  from  operation  of   the  source  in  full
compliance with the requirements of this Act. No such allowances shall
authorize operation of a  unit in violation of any  other requirements
of this Act.
    "(g) Implementation.-The Administrator shall issue  regulations to
implement this section not later than eighteen  months after enactment
of the Clean Air Act Amendments of 1990. 
    "(h)  Small  Diesel  Refineries.-The  Administrator   shall  issue
allowances  to owners  or  operators of  small  diesel refineries  who
produce diesel fuel after October 1, 1993, meeting the requirements of
subsection 211(i) of this Act.
       "(1) Allowance period.-Allowances may  be allocated under  this
    subsection  only  for the  period from  October  1,  1993, through
    December 31, 1999.
       "(2)   Allowance   determination.-The   number  of   allowances
    allocated  pursuant  to  this paragraph  shall  equal  the  annual
    number  of pounds  of  sulfur  dioxide reduction  attributable  to
    desulfurization  by a  small refinery  divided by  2,000. For  the
    purposes of this calculation, the concentration  of sulfur removed
    from  diesel fuel  shall be  the difference  between 0.274 percent
    (by weight) and 0.050 percent (by weight).
       "(3) Refinery eligibility.-As used in this subsection, the term
    `small refinery' shall mean a refinery or portion of a refinery-
          "(A) which, as of the date of enactment of the Clean Air Act
       Amendments  of 1990, has bona fide crude oil throughput of less
       than 18,250,000 barrels per year, as reported to the Department
       of Energy, and 
          "(B) which, as of the date of enactment of the Clean Air Act
       Amendments of 1990, is owned or controlled by a refiner with  a
       total  combined bona  fide  crude oil  throughput of  less than
       50,187,500  barrels per year, as  reported to the Department of
       Energy.
       "(4) Limitation  per refinery.-The maximum number of allowances
    that  can be  annually allocated to  a small  refinery pursuant to
    this subsection is one thousand and five hundred.
       "(5) Limitation on  total.-In any given year,  the total number
    of  allowances allocated  pursuant to  this  subsection shall  not
    exceed thirty-five thousand.
       "(6)  Required  certification.-The   Administrator  shall   not
    allocate any  allowances pursuant  to this  subsection unless  the
    owner  or  operator   of  a  small  diesel  refinery   shall  have
    certified,  at  a  time  and   in  a  manner  prescribed   by  the
    Administrator,  that  all  motor  diesel  fuel   produced  by  the
    refinery for which allowances are claimed,  including motor diesel
    fuel  for off-highway  use,  shall have  met the  requirements  of
    subsection 211(i) of this Act.  
"SEC. 411. EXCESS EMISSIONS PENALTY.
    "(a) Excess Emissions Penalty.-The  owner or operator of  any unit
or  process source subject to  the requirements of  sections 403, 404,
405, 406,  407 or 409,  or designated  under section  410, that  emits
sulfur dioxide or  nitrogen oxides for any calendar  year in excess of
the unit's emissions limitation requirement or, in the case of sulfur 
dioxide, of the allowances the owner or operator holds for use for the
unit for  that calendar  year shall  be liable for  the payment  of an
excess emissions penalty, except  where such emissions were authorized
pursuant  to section 110(f). That  penalty shall be  calculated on the
basis of the number of tons  emitted in excess of the unit's emissions
limitation  requirement  or, in  the case  of  sulfur dioxide,  of the
allowances the  operator holds  for use for  the unit  for that  year,
multiplied  by $2,000.  Any  such penalty  shall  be due  and  payable
without demand to the  Administrator as provided in regulations  to be
issued by the Administrator by no later than eighteen months after the
date of  enactment of the Clean  Air Act Amendments of  1990. Any such
payment shall be deposited  in the United States Treasury  pursuant to
the Miscellaneous Receipts Act. Any penalty due and payable under this
section  shall not  diminish  the liability  of  the unit's  owner  or
operator for any fine, penalty or  assessment against the unit for the
same violation under any other section of this Act. 
    "(b)  Excess  Emissions  Offset.-The  owner  or  operator  of  any
affected  source that emits sulfur dioxide during any calendar year in
excess  of  the  unit's emissions  limitation  requirement  or of  the
allowances held for the unit for the calendar year, shall be liable to
offset  the excess  emissions  by  an  equal  tonnage  amount  in  the
following calendar year,  or such longer  period as the  Administrator
may prescribe. The owner or operator of the source shall, within sixty
days after the end of the year in which the excess emissions occurred,
submit  to the Administrator, and to the  State in which the source is
located,  a proposed  plan  to  achieve  the  required  offsets.  Upon
approval  of the  proposed plan  by the  Administrator, as  submitted,
modified or  conditioned, the plan  shall be deemed at  a condition of
the operating permit for  the unit without further review  or revision
of the permit. The Administrator shall also deduct allowances equal to
the  excess  tonnage  from those  allocated  for  the  source for  the
calendar year, or succeeding years  during which offsets are required,
following the year in which the excess emissions occurred.
    "(c) Penalty Adjustment.-The Administrator  shall, by  regulation,
adjust the penalty specified in subsection (a) for inflation, based on
the  Consumer Price  Index,  on the  date  of enactment  and  annually
thereafter.
    "(d) Prohibition.-It  shall be unlawful for  the owner or operator
of any  source liable for a  penalty and offset under  this section to
fail (1) to pay the penalty under subsection (a), (2)  to provide, and
thereafter comply  with, a compliance  plan as required  by subsection
(b), or (3) to offset excess emissions as required by subsection (b).
    "(e)  Savings Provision.-Nothing  in  this  title shall  limit  or
otherwise  affect the  application of  section 113,  114, 120,  or 304
except as otherwise explicitly provided in this title.  
"SEC. 412. MONITORING, REPORTING, AND RECORDKEEPING REQUIREMENTS.
    "(a) Applicability.-The owner  and operator of any  source subject
to this  title shall be required  to install and operate  CEMS on each
affected unit at the source, and to quality assure the data for sulfur
dioxide, nitrogen  oxides, opacity  and volumetric  flow at  each such
unit. The Administrator shall, by regulations issued not later 
than eighteen months after  enactment of the Clean Air  Act Amendments
of 1990,  specify  the  requirements  for CEMS,  for  any  alternative
monitoring system  that is demonstrated as  providing information with
the same precision, reliability, accessibility, and timeliness as that
provided by CEMS,  and for recordkeeping and  reporting of information
from such systems. Such regulations may include limitations or the use
of  alternative   compliance  methods   by  units  equipped   with  an
alternative monitoring  system as  may be  necessary  to preserve  the
orderly functioning of the allowance system, and which will ensure the
emissions reductions contemplated by this title. Where 2 or more units
utilize a single stack, a separate CEMS shall not be required for each
unit, and for such units the regulations shall require that  the owner
or   operator  collect  sufficient   information  to  permit  reliable
compliance determinations for each such unit.
    "(b) First Phase  Requirements.-Not later  than thirty-six  months
after enactment of the Clean Air Act Amendments of 1990,  the owner or
operator of each affected  unit under section 404, including,  but not
limited to, units  that become affected units  pursuant to subsections
(b) and (c) and eligible units under subsection (d), shall install and
operate CEMS, quality assure the data, and keep records and reports in
accordance with the regulations issued under subsection (a).
    "(c) Second  Phase Requirements.-Not later  than January 1,  1995,
the owner or  operator of each  affected unit that has  not previously
met  the requirements  of subsections  (a) and  (b) shall  install and
operate CEMS, quality assure the data, and keep records and reports in
accordance  with the  regulations  issued under  subsection (a).  Upon
commencement of  commercial operation  of each  new utility  unit, the
unit shall comply with the requirements of subsection (a).
    "(d) Unavailability  of Emissions Data.-If CEMS  data or data from
an alternative  monitoring system approved by  the Administrator under
subsection  (a)  is not  available for  any  affected unit  during any
period of  a calendar year in  which such data is  required under this
title,  and   the  owner  or  operator   cannot  provide  information,
satisfactory to  the Administrator,  on emissions during  that period,
the   Administrator  shall  deem  the  unit  to  be  operating  in  an
uncontrolled  manner during the entire  period for which  the data was
not available and shall, by regulation which shall be issued not later
than eighteen months after  enactment of the Clean Air  Act Amendments
of 1990, prescribe means  to calculate emissions for that  period. The
owner  or operator  shall  be liable  for  excess emissions  fees  and
offsets under section 411 in accordance with such regulations. Any fee
due and payable under this subsection shall not diminish the liability
of  the  unit's owner  or  operator  for  any  fine, penalty,  fee  or
assessment against the  unit for  the same violation  under any  other
section of this Act.
    "(e) Prohibition.-It shall be  unlawful for the owner or  operator
of  any source  subject to  this  title to  operate  a source  without
complying with the  requirements of this section, and  any regulations
implementing this section.
"SEC. 413. GENERAL COMPLIANCE WITH OTHER PROVISIONS.
    "Except as  expressly provided,  compliance with the  requirements
of this title shall not exempt or exclude the owner or operator of any
source subject to this title from compliance with any other applicable
requirements of this Act.  
"SEC. 414. ENFORCEMENT.
    "It shall be  unlawful for  any person  subject to  this title  to
violate any prohibition of,  requirement of, or regulation promulgated
pursuant to this title shall  be a violation of this Act.  In addition
to the other requirements and prohibitions provided for in this title,
the operation of any affected unit to emit sulfur dioxide in excess of
allowances held  for such unit shall be  deemed a violation, with each
ton  emitted  in excess  of  allowances held  constituting  a separate
violation.  
"SEC. 415. CLEAN COAL TECHNOLOGY REGULATORY INCENTIVES.
    "(a)  Definition.-For  purposes  of  this   section,  `clean  coal
technology'  means any  technology, including technologies  applied at
the precombustion, combustion, or  post combustion stage, at a  new or
existing  facility which  will achieve  significant reductions  in air
emissions  of sulfur dioxide or oxides of nitrogen associated with the
utilization of coal  in the generation of electricity,  process steam,
or industrial products, which is not in widespread use as  of the date
of enactment of this title.
    "(b)    Revised    Regulations    for   Clean    Coal   Technology
Demonstrations.-
       "(1)  Applicability.-This  subsection  applies to  physical  or
    operational changes  to existing facilities  for the sole  purpose
    of installation, operation,  cessation, or removal of  a temporary
    or permanent clean coal technology demonstration  project. For the
    purposes of  this section, a  clean coal technology  demonstration
    project shall mean  a project using funds  appropriated under  the
    heading  `Department of  Energy-Clean Coal  Technology',  up to  a
    total  amount of  $2,500,000,000 for  commercial  demonstration of
    clean  coal   technology,  or  similar   projects  funded  through
    appropriations  for  the  Environmental  Protection   Agency.  The
    Federal contribution  for a qualifying  project shall be at  least
    20 percent of the total cost of the demonstration project.
       "(2) Temporary projects.-Installation, operation, cessation, or
    removal  of  a  temporary  clean  coal   technology  demonstration
    project that is  operated for a period of  five years or less, and
    which complies with  the State implementation plans for  the State
    in  which the project is  located and other requirements necessary
    to attain  and maintain the national ambient air quality standards
    during and  after the  project is  terminated,  shall not  subject
    such facility to  the requirements of section  111 or part C  or D
    of title I.
       "(3)  Permanent projects.-For  permanent clean  coal technology
    demonstration projects  that constitute  repowering as  defined in
    section 402(l) of  this title, any qualifying project shall not be
    subject to  standards of performance under  section 111  or to the
    review and  permitting requirements  of part  C for any  pollutant
    the potential emissions of  which will not increase as a result of
    the demonstration project.
       "(4) EPA regulations.-Not later  than 12 months after  the date
    of enactment,  the Administrator  shall promulgate regulations  or
    interpretive rulings to revise requirements under  section 111 and
    parts  C and D, as appropriate,  to facilitate projects consistent
    in  this  subsection.   With  respect  to  parts  C  and  D,  such
    regulations or rulings  shall apply to  all areas in which  EPA is
    the permitting authority. In  those instances  in which the  State
    is  the permitting  authority under  part C  or  D, any  State may
    adopt and  submit to the  Administrator for approval revisions  to
    its  implementation  plan  to apply  the  regulations  or  rulings
    promulgated under this subsection.
    "(c)  Exemption  for Reactivation  of  Very  Clean Units.-Physical
changes  or changes  in the  method of  operation associated  with the
commencement  of commercial  operations by  a coal-fired  utility unit
after a period of discontinued operation shall not subject the unit to
the  requirements of section 111 or  part C of the  Act where the unit
(1) has  not been in  operation for the  two-year period prior  to the
enactment of the  Clean Air Act Amendments of  1990, and the emissions
from  such unit continue to  be carried in  the permitting authority's
emissions inventory at the  time of enactment, (2) was  equipped prior
to  shut-down  with a  continuous  system  of  emissions control  that
achieves  a removal efficiency  for sulfur dioxide of  no less than 85
percent and  a removal efficiency for particulates  of no less than 98
percent, (3)  is equipped with  low-NOx burners prior  to the time  of
commencement, and (4) is otherwise in compliance with the requirements
of this Act.
"SEC. 416. CONTINGENCY GUARANTEE; AUCTIONS, RESERVE.
    "(a) Definitions.-For purposes of this section-
       "(1) The term `independent power producer' means any person who
    owns  or  operates,  in   whole  or  in  part,  one  or  more  new
    independent power production facilities.
       "(2) The term `new independent power production facility' means
    a facility that-
          "(A) is  used  for the  generation of  electric  energy,  80
       percent or more of which is sold at wholesale;
          "(B)  is  nonrecourse  project-financed  (as  such  term  is
       defined by the Secretary of Energy  within 3 months of the date
       of the enactment of the Clean Air Act Amendments of 1990);
          "(C) does not generate electric energy sold to any affiliate
       (as  defined in section 2(a)(11)  of the Public Utility Holding
       Company Act of 1935) of the facility's owner or operator unless
       the  owner or  operator of  the facility  demonstrates that  it
       cannot obtain allowances from the affiliate; and
          "(D)  is a new  unit required to hold  allowances under this
       title.
       "(3)  The  term  `required  allowances'  means  the  allowances
    required to  operate such unit  for so much  of the  unit's useful
    life as occurs after January 1, 2000.
    "(b) Special  Reserve of  Allowances.-Within 36  months after  the
date of  the enactment of  the Clean Air  Act Amendments of  1990, the
Administrator  shall  promulgate  regulations  establishing  a Special
Allowance Reserve containing allowances to be sold under 
this  section.  For purposes  of  establishing  the Special  Allowance
Reserve, the Administrator shall withhold-
       "(1)  2.8 percent of the allocation of allowances for each year
    from 1995 through 1999 inclusive; and
       "(2)  2.8 percent of the basic Phase II allowance allocation of
    allowances for  each year beginning in the  year 2000  which would
    (but for this subsection)  be issued for each affected  unit at an
    affected source.  The Administrator shall  record such withholding
    for purposes of  transferring the proceeds of the  allowance sales
    under  this  subsection.  The  allowances  so  withheld  shall  be
    deposited in the Reserve under this section.
    "(c) Direct Sale at $1,500 Per Ton.-
       "(1)   Subaccount  for   direct   sales.-In   accordance   with
    regulations under this section, the  Administrator shall establish
    a  Direct  Sale  Subaccount  in  the   Special  Allowance  Reserve
    established under this  section. The Direct Sale  Subaccount shall
    contain allowances in the amount of 50,000 tons per year for  each
    year beginning in the year 2000.
       "(2) Sales.-Allowances  in the subaccount shall  be offered for
    direct sale  to  any  person  at the  times  and  in  the  amounts
    specified in table 1 at a price of  $1,500 per allowance, adjusted
    by the  Consumer Price  Index in  the same  manner as provided  in
    paragraph (3).  Requests to  purchase allowances  from the  Direct
    Sale Subaccount established under paragraph (1)  shall be approved
    in  the  order of  receipt  until  no  allowances  remain in  such
    subaccount,   except  that   an  opportunity   to   purchase  such
    allowances shall  be provided to  the independent power  producers
    referred to in this subsection before such allowances  are offered
    to  any other person. Each  applicant shall be  required to pay 50
    percent  of the  total purchase price  of the  allowances within 6
    months  after  the  approval  of  the  request  to  purchase.  The
    remainder  shall  be  paid  on  or  before  the  transfer  of  the
    allowances.
  "Table 1-Number of Allowances Available for Sale at $1,500 per ton

Year of Sale        Spot Sale (same year)        Advance Sale

1993-1999 ..................................   25,000
2000 and after .......   25,000...............   25,000
    
    Allowances sold in the  spot sale in any year are allowances which
    may only  be used in that  year (unless banked for use  in a later
    year).  Allowances  sold in  the  advance  sale  in  any year  are
    allowances which may only  be used in the 7th year after  the year
    in which they are  first offered for  sale (unless banked for  use
    in a later year).
       "(3)  Entitlement to  written guarantee.-Any  independent power
    producer  that   submits  an  application   to  the  Administrator
    establishing that such independent power producer-
          "(A)  proposes   to  construct  a   new  independent   power
       production  facility for  which allowances  are  required under
       this title;
          "(B)  will apply  for financing  to construct  such facility
       after January 1, 1990, and before the date of the first auction
       under this section;
          "(C) has submitted to each owner or operator of an  affected
       unit listed in  table A  (in section  404) a  written offer  to
       purchase  the required allowances for $750 per ton; and  shall,
       within  30  days  after  submission  of  such  application,  be
       entitled  to  receive  the  Administrator's  written  guarantee
       (subject to the eligibility requirements set forth in paragraph
       (4)) that such required  allowances will be made  available for
       purchase from the Direct Sale Subaccount established under this
       subsection and at  a guaranteed price. The guaranteed  price at
       which  such allowances  shall  be made  available for  purchase
       shall be $1,500 per ton, adjusted by the percentage, if any, by
       which  the Consumer  Price Index  (as determined  under section
       502(b)(3)(B)(v))  for  the  year  in  which  the  allowance  is
       purchased  exceeds the  Consumer Price  Index for  the calendar
       year 1990.
       "(4)  Eligibility requirements.-The  guarantee  issued  by  the
    Administrator  under   paragraph  (3)  shall   be  subject  to   a
    demonstration by the  independent power producer, satisfactory  to
    the Administrator, that-
          "(A) the independent power producer has-
            "(i)  made good  faith efforts  to  purchase the  required
          allowances from the owners or operators of affected units to
          which  allowances  will be  allocated, including  efforts to
          purchase  at annual  auctions under  this section,  and from
          industrial  sources  that have  elected  to  become affected
          units pursuant to section 410; and
            "(ii)  such   bids  and   efforts  were  unsuccessful   in
          obtaining the required allowances; and
          "(B) the  independent power  producer will  continue to make
       good faith efforts to purchase the required allowances from the
       owners  or  operators of  affected  units  and from  industrial
       sources.
       "(5)  Issuance  of  guaranteed  allowances  from  direct   sale
    subaccount under  this section.-From  the allowances available  in
    the  Direct Sale  Subaccount  established  under this  subsection,
    upon  payment of  the guaranteed  price,  the Administrator  shall
    issue to any  person exercising the right  to purchase  allowances
    pursuant  to a  guarantee  under  this subsection  the  allowances
    covered by such guarantee. Persons to which guarantees under  this
    subsection  have  been  issued  shall  have   the  opportunity  to
    purchase  allowances   pursuant  to   such  guarantee  from   such
    subaccount before the  allowances in such reserve are  offered for
    sale to any other person.
       "(6) Proceeds.-Notwithstanding section 3302  of title 31 of the
    United  States  Code   or  any   other  provision   of  law,   the
    Administrator shall require  that the proceeds of  any sale  under
    this subsection  be transferred,  within 90 days  after the  sale,
    without charge, on a pro  rata basis to the owners or operators of
    the  affected units  from whom the  allowances were withheld under
    subsection (b) and  that any  unsold allowances be  transferred to
    the  Subaccount for  Auction  Sales  established under  subsection
    (d). No proceeds of  any sale under this subsection shall  be held
    by  any officer  or employee of  the United States  or treated for
    any  purpose   as  revenue  to  the   United  States   or  to  the
    Administrator.
       "(7) Termination of subaccount.-If the Administrator determines
    that,  during any  period of  2 consecutive  calendar years,  less
    than 20 percent  of the allowances available in the subaccount for
    direct   sales  established   under  this   subsection  have  been
    purchased under this  paragraph, the Administrator shall terminate
    the  subaccount  and  transfer  such  allowances  to  the  Auction
    Subaccount under subsection (d).
    "(d) Auction Sales.-
       "(1) Subaccount for auctions.-The Administrator shall establish
    an Auction  Subaccount in  the Special  Reserve established  under
    this section. The  Auction Subaccount shall contain  allowances to
    be  sold at auction  under this section  in the  amount of 150,000
    tons per year for each year  from 1995 through 1999, inclusive and
    250,000 tons  per year  for each  year beginning  in the  calendar
    year 2000.
       "(2)  Annual  auctions.-Commencing in  1993  and  in each  year
    thereafter, the Administrator shall conduct auctions  at which the
    allowances referred to  in paragraph (1) shall be offered for sale
    in  accordance with regulations promulgated  by the Administrator,
    in  consultation with  the Secretary  of the  Treasury, within  12
    months of  enactment of the Clean Air  Act Amendments of 1990. The
    allowances referred to  in paragraph (1) shall be offered for sale
    at auction in the  amounts specified in table 2. The auction shall
    be  open  to  any  person.  A  person  wishing  to  bid  for  such
    allowances shall  submit (by a date  set by  the Administrator) to
    the  Administrator  (on  a sealed  bid  schedule  provided by  the
    Administrator) offers to purchase specified numbers of  allowances
    at  specified prices.  Such  regulations  shall specify  that  the
    auctioned allowances shall be allocated  and sold on the  basis of
    bid price,  starting with  the highest-priced  bid and  continuing
    until  all   allowances  for  sale  at   such  auction  have  been
    allocated. The regulations shall  not permit that a  minimum price
    be  set  for  the  purchase  of  withheld  allowances.  Allowances
    purchased at the  auction may be used  for any purpose and  at any
    time after the auction, subject to the provisions of this title.
 
    "Table 2-Number of Allowances Available for Auction

Year of Sale      Spot Auction (same year)     Advance Auction  

1993 ............   50,000* ...................  100,000  
1994 ............   50,000* ...................  100,000  
1995 ............   50,000* ...................  100,000  
1996 ............   150,000 ...................  100,000  
1997 ............   150,000 ...................  100,000   
 
    "Table 2-Number of Allowances Available for Auction

Year of Sale      Spot Auction (same year)     Advance Auction  

1998 ............   150,000 ...................  100,000  
1999 ............   150,000 ...................  100,000  
2000 and after...   100,000 ...................  100,000 


    Allowances sold in the spot sale in any year are  allowances which
may only be used in that year (unless banked for use in a later year),
except as otherwise noted.  Allowances sold in the advance  auction in
any year are  allowances which may only be used in  the 7th year after
the year in which they  are first offered for sale (unless  banked for
use in a later year).
    *Available for use only in 1995 (unless banked for  use in a later
year).

       "(3) Proceeds.-(A) Notwithstanding section  3302 of title 31 of
    the United States  Code or any other  provision of law, within  90
    days of  receipt, the  Administrator shall  transfer the  proceeds
    from the auction under  this section, on a pro rata basis,  to the
    owners or  operators of the affected  units at  an affected source
    from whom  allowances were withheld under subsection (b). No funds
    transferred from a  purchaser to a seller of allowances under this
    paragraph shall be held by  any officer or employee of the  United
    States or treated for any purpose as revenue to the United  States
    or the Administrator.
       "(B) At the end  of each year, any allowances offered  for sale
    but not  sold at the auction shall be  returned without charge, on
    a pro rata basis,  to the owner or operator of the  affected units
    from whose allocation the allowances were withheld.
       "(4)  Additional  auction   participants.-Any  person   holding
    allowances   or  to   whom  allowances   are   allocated  by   the
    Administrator may submit those allowances to  the Administrator to
    be  offered  for  sale  at  auction  under  this  subsection.  The
    proceeds  of any  such sale  shall be  transferred at the  time of
    sale by the  purchaser to  the person  submitting such  allowances
    for  sale. The  holder of allowances  offered for  sale under this
    paragraph  may  specify  a minimum  sale  price.  Any  person  may
    purchase  allowances offered  for  auction under  this  paragraph.
    Such allowances shall be allocated  and sold to purchasers  on the
    basis of  bid  price after  the  auction  under paragraph  (2)  is
    complete.  No funds  transferred from a  purchaser to  a seller of
    allowances under  this paragraph shall be  held by  any officer or
    employee of  the  United States  or  treated  for any  purpose  as
    revenue to the United States or the Administrator.
       "(5)  Recording  by  epa.-The Administrator  shall  record  and
    publicly report  the nature,  prices and results  of each  auction
    under this  subsection, including the  prices of successful  bids,
    and shall record the transfers of  allowances as a result of  each
    auction in accordance with the  requirements of this section.  The
    transfer  of allowances  at  such  auction shall  be  recorded  in
    accordance with  the regulations promulgated  by the Administrator
    under this title.
    "(e) Changes  in  Sales,  Auctions, and  Withholding.-Pursuant  to
rulemaking after public  notice and comment  the Administrator may  at
any time after the  year 1998 (in the case of advance sales or advance
auctions)  and  2005 (in  the  case of  spot sales  or  spot auctions)
decrease  the  number  of  allowances  withheld  and  sold  under this
section.
    "(f)  Termination of Auctions.-The Administrator may terminate the
withholding  of allowances and the auction sales under this section if
the  Administrator determines that, during any period of 3 consecutive
calendar  years after  2002, less  than 20  percent of  the allowances
available in the  auction subaccount have been  purchased. Pursuant to
regulations under this section, the Administrator may by delegation or
contract  provide for  the  conduct of  sales  or auctions  under  the
Administrator's supervision  by other  departments or agencies  of the
United States  Government or  by nongovernmental agencies,  groups, or
organizations.".
SEC. 402. FOSSIL FUEL USE.
    (a) Contracts for Hydroelectric Energy.-Any person  who, after the
date of the enactment of the Clean Air Act Amendments  of 1990, enters
into a contract under which  such person receives hydroelectric energy
in return  for the provision of  electric energy by such  person shall
use  allowances held  by  such person  as  necessary to  satisfy  such
person's obligations under such contract.
    (b)   Federal  Power  Marketing  Administration.-A  Federal  Power
Marketing Administration shall  not be subject  to the provisions  and
requirements  of this title with respect  to electric energy generated
by  hydroelectric  facilities and  marketed  by  such Power  Marketing
Administration.  Any person who sells or provides electric energy to a
Federal  Power   Marketing  Administration   shall  comply   with  the
provisions and requirements of this title.
SEC. 403. REPEAL OF PERCENT REDUCTION.
    (a) Repeal.-Section 111(a)(1) of the  Clean Air Act is  amended to
read as follows:
    "(1)  The  term `standard  of  performance' means  a standard  for
emissions  of air  pollutants  which reflects  the degree  of emission
limitation  achievable through the  application of the  best system of
emission reduction which  (taking into account  the cost of  achieving
such reduction and any nonair  quality health and environmental impact
and  energy   requirements)  the  Administrator  determines  has  been
adequately demonstrated.".
       (b) Revised  Regulations.-Not later than three  years after the
    date of  enactment of the  Clean Air Act  Amendments of  1990, the
    Administrator shall promulgate revised  regulations for  standards
    of performance for  new fossil  fuel fired electric  utility units
    commencing construction after  the date on which  such regulations
    are  proposed that,  at a minimum,  require any  source subject to
    such revised  standards  to emit  sulfur  dioxide  at a  rate  not
    greater than  would have  resulted from compliance  by such source
    with the  applicable standards of  performance under this  section
    prior to such revision.
       (c)  Applicability.-The provisions  of subsections (a)  and (b)
    apply  only so long  as the  provisions of  section 403(e)  of the
    Clean   Air    Act    remain    in   effect.           (d)    BACT
    Determinations.-Section 169(3) of  the Clean Air Act is amended by
    inserting: ", clean  fuels," after "including fuel  cleaning," and
    by adding  the following at the  end thereof:  "Emissions from any
    source utilizing clean fuels, or  any other means, to  comply with
    this paragraph shall  not be allowed to increase above levels that
    would have been  required under this paragraph as it existed prior
    to enactment of the Clean Air Act Amendments of 1990.".
SEC. 404. ACID DEPOSITION STANDARDS.
    Not later than 36 months after the date of  enactment of this Act,
the   Administrator  of  the  Environmental  Protection  Agency  shall
transmit  to  the Committee  on Environment  and  Public Works  of the
Senate  and  the Committee  on  Energy and  Commerce of  the  House of
Representatives  a report on  the feasibility and  effectiveness of an
acid  deposition  standard  or  standards  to  protect  sensitive  and
critically  sensitive aquatic  and  terrestrial resources.  The  study
required  by  this  section shall  include,  but  not  be limited  to,
consideration of the following matters:
       (1) identification of  the sensitive  and critically  sensitive
    aquatic and terrestrial  resources in the United States and Canada
    which may be affected by the deposition of acidic compounds;
       (2)  description  of  the  nature  and  numerical  value  of  a
    deposition  standard or  standards  that  would be  sufficient  to
    protect such resources;
       (3) description of  the use  of such standard  or standards  in
    other Nations or by  any of the several States  in acid deposition
    control programs;
       (4) description of the  measures that would need to be taken to
    integrate  such standard  or standards  with  the control  program
    required by title IV of the Clean Air Act;
       (5)  description of  the  state of  knowledge  with respect  to
    source-receptor  relationships  necessary  to  develop  a  control
    program on  such standard or standards and the additional research
    that  is on-going  or  would  be needed  to  make such  a  control
    program feasible; and
       (6) description  of the  impediments to implementation  of such
    control   program  and   the  cost-effectiveness   of   deposition
    standards compared to  other control strategies including  ambient
    air quality  standards, new source  performance standards and  the
    requirements of title IV of the Clean Air Act.
SEC. 405. NATIONAL ACID LAKES REGISTRY.
    The Administrator  of  the Environmental  Protection Agency  shall
create a National Acid  Lakes Registry that shall list,  to the extent
practical,  all lakes  that are  known  to be  acidified  due to  acid
deposition,  and  shall  publish such  list  within  one  year of  the
enactment of  this Act. Lakes shall  be added to the  registry as they
become acidic  or as data  becomes available to show  they are acidic.
Lakes shall be deleted from the registry as they become nonacidic.
SEC. 406. INDUSTRIAL SO2 EMISSIONS
    (a)  Report.-Not later  than  January 1,  1995  and every  5 years
thereafter, the  Administrator of the  Environmental Protection Agency
shall transmit to  the Congress  a report containing  an inventory  of
national annual  sulfur dioxide emissions from  industrial sources (as
defined  in title IV of  the Act), including  units subject to section
405(g)(6)  of the  Clean Air  Act, for  all years  for which  data are
available, as  well as  the likely  trend in  such emissions  over the
following twenty-year period. The reports shall also contain estimates
of  the  actual  emission  reduction   in  each  year  resulting  from
promulgation  of the  diesel  fuel  desulfurization regulations  under
section 214.
    (b) 5.60 Million Ton Cap.-Whenever the inventory required  by this
section  indicates  that  sulfur  dioxide  emissions  from  industrial
sources, including units subject to section 405(g)(5) of the Clean Air
Act,  may reasonably  be expected  to reach  levels greater  than 5.60
million  tons  per  year,   the  Administrator  of  the  Environmental
Protection  Agency shall take such actions  under the Clean Air Act as
may be appropriate to  ensure that such  emissions do not exceed  5.60
million  tons per year. Such  actions may include  the promulgation of
new and  revised standards of  performance for new  sources, including
units subject to section 405(g)(5) of the Clean Air Act, under section
111(b) of the  Clean Air Act, as well as  promulgation of standards of
performance for  existing sources, including units  subject to section
405(g)(5) of the Clean  Air Act, under authority of  this section. For
an  existing  source  regulated   under  this  section,  "standard  of
performance" means  a standard  which the Administrator  determines is
applicable  to that source and  which reflects the  degree of emission
reduction  achievable through  the application  of the best  system of
continuous  emission  reduction which  (taking into  consideration the
cost  of  achieving such  emission reduction,  and any  nonair quality
health   and  environmental  impact   and  energy   requirements)  the
Administrator  determines has  been adequately  demonstrated for  that
category of sources.
    (c) Election.-Regulations promulgated under section  405(b) of the
Clean Air Act shall not  prohibit a source from electing to  become an
affected unit under section 410 of the Clean Air Act.
SEC. 407. SENSE OF THE CONGRESS ON EMISSION REDUCTIONS COSTS.
    It is the sense of  the Congress that the Clean Air Act Amendments
of  1990,  through  the  allowance  program, allocates  the  costs  of
achieving  the required reductions in emissions  of sulfur dioxide and
oxides of nitrogen  among sources  in the United  States. Broad  based
taxes  and emissions fees that would provide  for payment of the costs
of achieving  required emissions  reductions by  any party  or parties
other  than  the  sources  required  to  achieve  the  reductions  are
undesirable.
SEC. 408. MONITOR ACID RAIN PROGRAM IN CANADA.
    (a) Reports to  Congress.-The Administrator  of the  Environmental
Protection Agency, in  consultation with the  Secretary of State,  the
Secretary  of  Energy,  and  other  persons  the  Administrator  deems
appropriate,  shall prepare and submit a report to Congress on January
1, 1994, January 1, 1999, and January 1, 2005.      (b)  Contents.-The
report to Congress shall analyze the current emission levels of sulfur
dioxide  and nitrogen oxides in each of the provinces participating in
Canada's acid rain control program, the amount of emission  reductions
of  sulfur dioxide and oxides  of nitrogen achieved  by each province,
the  methods utilized by each province in making those reductions, the
costs  to each province and the employment impacts in each province of
making and maintaining those reductions.    (c)  Compliance.-Beginning
on January  1, 1999, the reports shall also assess the degree to which
each province is complying with its stated emissions cap.
SEC. 409. REPORT ON CLEAN COAL TECHNOLOGIES EXPORT PROGRAMS.
    The  Secretary of  Energy  in consultation  with the  Secretary of
Commerce shall  provide a  report to the  Congress within one  year of
enactment  of  this legislation  which  will  identify, inventory  and
analyze clean  coal technologies export programs  within United States
Government agencies including the  Departments of State, Commerce, and
Energy  and  at  the  Export-Import  Bank  and  the  Overseas  Private
Investment Corporation.  The study shall address  the effectiveness of
interagency  coordination  of  export   promotion  and  determine  the
feasibility of establishing an  interagency commission for the purpose
of promoting the export and use of clean coal technologies.
SEC.  410.  ACID DEPOSITION  RESEARCH BY  THE  UNITED STATES  FISH AND
WILDLIFE SERVICE.
    There are authorized  to be appropriated to the United States Fish
and Wildlife Service of the Department of the Interior an amount equal
to  $500,000 to  fund  research related  to  acid deposition  and  the
monitoring  of   high  altitude  mountain  lakes  in  the  Wind  River
Reservation,  Wyoming,  to   be  conducted   through  the   Management
Assistance  Office  of the  United  States Fish  and  Wildlife Service
located in Lander, Wyoming and the University of Wyoming.
SEC. 411. STUDY OF BUFFERING AND NEUTRALIZING AGENTS.
    There are authorized  to be appropriated to the United States Fish
and Wildlife Service of the Department of the Interior an amount equal
to $250,000  to fund a study  to be conducted in  conjunction with the
University of Wyoming  of the effectiveness  of various buffering  and
neutralizing  agents used to restore lakes and streams damaged by acid
deposition.
SEC. 412. CONFORMING AMENDMENT.
    Section  110(f)(1) of  the Clean Air  Act is  amended by inserting
"or  of any requirement under section 411 (concerning excess emissions
penalties  or offsets) of title  IV of the  Act" after "implementation
plan".
SEC. 413. SPECIAL CLEAN COAL TECHNOLOGY PROJECT.
    (a) Demonstration Project.-The Secretary of Energy shall,  subject
to appropriation, as part  of the Secretary's activities with  respect
to  fossil energy  research and  development under  the Department  of
Energy Organization Act (Public  Law 95-91) consider funding  at least
50  percent  of  the  cost  of  a  demonstration  project  to  design,
construct, and test a technology system for a cyclone boiler that will
serve  as  a model  for sulfur  dioxide  and nitrogen  oxide reduction
technology  at  a  combustion  unit required  to  meet  the  emissions
reductions  prescribed  in this  bill.  The  Secretary shall  expedite
approval and funding  to enable such project to be  completed no later
than January 1, 1995.  The unit  selected for this project shall be in
a  utility  plant that  (1) is  among the  top  10 emitters  of sulfur
dioxide as  identified on Table A  of section 404;  (2) has 3  or more
units, 2  of which are cyclone  boiler units; and (3)  has no existing
scrubbers.
    (b) Authorization.-There  are authorized  to be appropriated  such
sums as  may  be  necessary  to carry  out  this  section,  to  remain
available until expended.
                            TITLE V-PERMITS
Sec. 501. Permits.

SEC. 501. PERMITS.
    Add the following new title after title IV:
                           "TITLE V-PERMITS
"Sec. 501. Definitions.
"Sec. 502. Permit programs.
"Sec. 503. Permit applications.
"Sec. 504. Permit requirements and conditions.
"Sec. 505. Notification to Administrator and contiguous States.
"Sec. 506. Other authorities.
"Sec.   507.   Small   business   stationary   source  technical   and
environmental compliance         assistance program.

"SEC. 501. DEFINITIONS.
    As used in this title-
       "(1) Affected source.-The term `affected source' shall have the
    meaning given such term in title IV.
       "(2) Major source.-The term `major source' means any stationary
    source  (or any  group  of  stationary  sources located  within  a
    contiguous area  and under common control)  that is  either of the
    following:
          "(A) A major source as defined in section 112.
          "(B) A major stationary source as defined in section 302  or
       part D of title I.
       "(3) Schedule of compliance.-The term `schedule  of compliance'
    means a  schedule of remedial  measures, including an  enforceable
    sequence of  actions or operations, leading  to compliance with an
    applicable   implementation  plan,   emission  standard,  emission
    limitation, or emission prohibition. 
       "(4)  Permitting  authority.-The  term  `permitting  authority'
    means  the  Administrator  or the  air  pollution  control  agency
    authorized by  the Administrator  to  carry out  a permit  program
    under this title.
"SEC. 502. PERMIT PROGRAMS.
    "(a) Violations.-After  the effective date  of any permit  program
approved or promulgated under this title, it shall be unlawful for any
person to violate any requirement of a permit issued under this title,
or to  operate an affected source  (as provided in title  IV), a major
source,  any  other  source  (including an  area  source)  subject  to
standards  or regulations under section  111 or 112,  any other source
required to have a permit under parts C or  D of title I, or any other
stationary  source in a  category designated (in whole  or in part) by
regulations promulgated by the  Administrator (after notice and public
comment) which shall  include a  finding setting forth  the basis  for
such  designation,  except in  compliance with  a  permit issued  by a
permitting  authority under  this title.  (Nothing in  this subsection
shall  be construed to alter  the applicable requirements  of this Act
that a  permit be obtained  before construction or  modification.) The
Administrator may,  in the  Administrator's discretion  and consistent
with the applicable provisions of this Act, promulgate 
regulations to exempt  one or more  source categories (in whole  or in
part) from  the requirements of  this subsection if  the Administrator
finds   that  compliance  with  such  requirements  is  impracticable,
infeasible,  or  unnecessarily burdensome  on such  categories, except
that  the  Administrator may  not exempt  any  major source  from such
requirements.
    "(b)  Regulations.-The Administrator  shall  promulgate  within 12
months after the date of the enactment of the Clean Air Act Amendments
of  1990 regulations  establishing the  minimum elements  of a  permit
program  to be administered by any air pollution control agency. These
elements shall include each of the following:
       "(1) Requirements for permit applications, including a standard
    application form and criteria for  determining in a timely fashion
    the completeness of applications.
       "(2) Monitoring and reporting requirements.
       "(3)(A) A requirement  under State or  local law or  interstate
    compact that  the owner or operator of  all sources subject to the
    requirement to  obtain a  permit under  this title  pay an  annual
    fee,  or  the equivalent  over  some other  period, sufficient  to
    cover  all reasonable  (direct  and  indirect) costs  required  to
    develop and  administer the  permit program  requirements of  this
    title, including section 507, including the reasonable costs of-
          "(i) reviewing  and acting  upon any application  for such a
       permit,
          "(ii)  if the owner  or operator receives a  permit for such
       source,  whether before or after  the date of  the enactment of
       the  Clean  Air  Act   Amendments  of  1990,  implementing  and
       enforcing the  terms and  conditions of  any such  permit  (not
       including any  court costs or  other costs associated  with any
       enforcement action),
          "(iii) emissions and ambient monitoring,
          "(iv)  preparing   generally  applicable   regulations,   or
       guidance,
          "(v) modeling, analyses, and demonstrations, and
          "(vi) preparing inventories and tracking emissions.
       "(B)  The total  amount  of fees  collected  by the  permitting
    authority shall conform to the following requirements:
          "(i)  The  Administrator  shall  not  approve  a  program as
       meeting  the requirements  of this  paragraph unless  the State
       demonstrates    that,   except   as   otherwise   provided   in
       subparagraphs  (ii)  through  (v)  of  this  subparagraph,  the
       program will result in the  collection, in the aggregate,  from
       all  sources subject to subparagraph (A), of an amount not less
       than $25 per  ton of  each regulated pollutant,  or such  other
       amount as the  Administrator may determine  adequately reflects
       the reasonable costs of the permit program.
          "(ii)  As used  in  this subparagraph,  the  term `regulated
       pollutant'  shall mean  (I) a  volatile organic  compound; (II)
       each pollutant regulated  under section 111  or 112; and  (III)
       each pollutant for which a national primary ambient air quality
       standard  has been  promulgated  (except  that carbon  monoxide
       shall be excluded from this reference).
          "(iii)  In  determining the  amount  under  clause  (i), the
       permitting authority is not required to include any amount of 
       regulated pollutant emitted  by any source  in excess of  4,000
       tons per year of that regulated pollutant.
          "(iv) The requirements of clause (i) shall not apply if  the
       permitting  authority  demonstrates that  collecting  an amount
       less than the amount  specified under clause (i) will  meet the
       requirements of subparagraph (A).
          "(v) The fee calculated under clause (i) shall  be increased
       (consistent  with  the  need  to  cover  the  reasonable  costs
       authorized by  subparagraph (A))  in each year  beginning after
       the year  of the enactment of  the Clean Air  Act Amendments of
       1990 by the  percentage, if  any, by which  the Consumer  Price
       Index for  the  most recent  calendar  year ending  before  the
       beginning of such year exceeds the Consumer Price Index for the
       calendar year 1989. For purposes of this clause-
            "(I) the  Consumer Price  Index for  any calendar  year is
          the  average  of  the  Consumer  Price  Index  for all-urban
          consumers  published by the  Department of Labor, as  of the
          close of  the 12-month  period ending on August  31 of  each
          calendar year, and
            "(II) the revision  of the  Consumer Price Index  which is
          most consistent  with the Consumer  Price Index for calendar
          year 1989 shall be used.
       "(C)(i) If the Administrator  determines, under subsection (d),
    that  the fee  provisions of the  operating permit  program do not
    meet the requirements  of this paragraph, or  if the Administrator
    makes a determination,  under subsection (i), that  the permitting
    authority  is   not  adequately  administering   or  enforcing  an
    approved  fee  program,  the Administrator  may,  in  addition  to
    taking  any other  action  authorized  under this  title,  collect
    reasonable  fees from  the sources  identified under  subparagraph
    (A).   Such  fees   shall  be   designed  solely   to   cover  the
    Administrator's  costs  of  administering the  provisions  of  the
    permit program promulgated by the Administrator.
       "(ii) Any source that fails to pay fees lawfully imposed by the
    Administrator under  this subparagraph shall pay  a penalty  of 50
    percent  of  the fee  amount,  plus  interest  on  the fee  amount
    computed in  accordance with  section 6621(a)(2)  of the  Internal
    Revenue Code  of  1986  (relating to  computation  of interest  on
    underpayment of Federal taxes).
       "(iii) Any  fees, penalties, and interest  collected under this
    subparagraph shall  be deposited in a  special fund  in the United
    States   Treasury  for   licensing  and   other  services,   which
    thereafter   shall  be  available  for  appropriation,  to  remain
    available until expended,  subject to appropriation, to  carry out
    the Agency's  activities for  which the fees  were collected.  Any
    fee required  to be  collected by  a State,  local, or  interstate
    agency  under this  subsection shall  be utilized  solely to cover
    all reasonable  (direct and  indirect) costs  required to  support
    the permit program as set forth in subparagraph (A).
       "(4)  Requirements  for  adequate  personnel  and  funding   to
    administer the program.
       "(5) A requirement that  the permitting authority have adequate
    authority to:
          "(A)  issue permits  and  assure compliance  by  all sources
       required to have a permit under this title with each applicable
       standard, regulation or requirement under this Act;
          "(B) issue permits for a fixed term, not to exceed 5 years;
          "(C)   assure  that   upon  issuance   or   renewal  permits
       incorporate emission  limitations and other requirements  in an
       applicable implementation plan;
          "(D) terminate,  modify, or  revoke and  reissue permits for
       cause; 
          "(E) enforce  permits,  permit  fee  requirements,  and  the
       requirement to obtain a  permit, including authority to recover
       civil  penalties in a maximum  amount of not  less than $10,000
       per day  for each  violation, and provide  appropriate criminal
       penalties; and
          "(F)  assure   that  no  permit  will   be  issued   if  the
       Administrator objects  to its issuance in a timely manner under
       this title.
       "(6)  Adequate,  streamlined,  and  reasonable  procedures  for
    expeditiously  determining  when applications  are  complete,  for
    processing  such   applications,  for   public  notice,  including
    offering an opportunity  for public comment and a hearing, and for
    expeditious  review  of permit  actions,  including  applications,
    renewals, or revisions, and including an  opportunity for judicial
    review  in  State   court  of  the  final  permit  action  by  the
    applicant,  any person  who  participated  in the  public  comment
    process, and any  other person who could obtain judicial review of
    that action under applicable law.
       "(7)  To ensure  against unreasonable  delay by  the permitting
    authority, adequate  authority and  procedures to  provide that  a
    failure   of  such  permitting  authority  to   act  on  a  permit
    application or permit renewal application (in  accordance with the
    time periods  specified in  section 503 or,  as appropriate, title
    IV)  shall be treated as a final permit action solely for purposes
    of obtaining judicial review in  State court of an  action brought
    by any person referred to  in paragraph (6) to require that action
    be taken by the  permitting authority on such application  without
    additional delay.
       "(8) Authority, and  reasonable procedures consistent with  the
    need for expeditious action by  the permitting authority on permit
    applications and related matters, to make available  to the public
    any permit  application, compliance  plan, permit, and  monitoring
    or  compliance  report  under  section  503(e),   subject  to  the
    provisions of section 114(c) of this Act.
       "(9) A requirement  that the permitting authority,  in the case
    of permits  with a  term of  3 or  more years  for major  sources,
    shall require  revisions to the  permit to incorporate  applicable
    standards and  regulations promulgated  under this  Act after  the
    issuance  of   such  permit.   Such  revisions   shall  occur   as
    expeditiously as practicable  and consistent  with the  procedures
    established  under  paragraph  (6) but  not  later than  18 months
    after the  promulgation of such standards and regulations. No such
    revision shall be  required if the effective date of the standards
    or regulations is a date after the expiration  of the permit term.
    Such permit revision shall  be treated as  a permit renewal if  it
    complies with the requirements of this title regarding renewals.
       "(10) Provisions  to allow changes within  a permitted facility
    (or one operating pursuant to  section 503(d)) without requiring a
    permit revision,  if the changes  are not modifications under  any
    provision of  title I and the changes  do not exceed the emissions
    allowable under the permit  (whether expressed  therein as a  rate
    of emissions  or in terms of  total emissions:  Provided, That the
    facility provides the  Administrator and the permitting  authority
    with  written notification  in  advance  of the  proposed  changes
    which  shall  be  a  minimum  of  7  days,  unless  the permitting
    authority provides  in its regulations  a different timeframe  for
    emergencies.
    "(c) Single Permit.-A single permit  may be issued for  a facility
with multiple sources.
    "(d) Submission  and Approval.-(1)  Not later  than 3  years after
the date of the enactment of the Clean Air Act Amendments of 1990, the
Governor of each State shall develop and submit to the Administrator a
permit program under State or local law or under an interstate compact
meeting  the requirements  of  this title.  In addition,  the Governor
shall  submit  a  legal opinion  from  the  attorney  general (or  the
attorney  for those  State air  pollution control  agencies  that have
independent  legal counsel),  or from  the chief  legal officer  of an
interstate  agency, that  the  laws of  the  State, locality,  or  the
interstate  compact  provide  adequate  authority  to  carry  out  the
program. Not  later than 1 year  after receiving a program,  and after
notice  and opportunity  for public  comment, the  Administrator shall
approve  or  disapprove  such  program,  in  whole  or  in  part.  The
Administrator may approve  a program  to the extent  that the  program
meets the requirements  of this Act, including the  regulations issued
under subsection (b). If  the program is disapproved,  in whole or  in
part,  the Administrator shall notify the Governor of any revisions or
modifications necessary to obtain  approval. The Governor shall revise
and resubmit the program for review under this section within 180 days
after receiving notification.
    "(2)(A) If  the Governor  does not  submit a  program as  required
under  paragraph  (1) or  if the  Administrator disapproves  a program
submitted by the  Governor under paragraph (1),  in whole or in  part,
the  Administrator may, prior to the expiration of the 18-month period
referred to  in subparagraph  (B), in the  Administrator's discretion,
apply any of the sanctions specified in section 179(b).
    "(B) If  the Governor does not submit a  program as required under
paragraph (1), or  if the Administrator  disapproves any such  program
submitted by the Governor under paragraph (1), in whole or in part, 18
months after  the date required for such submittal or the date of such
disapproval,  as  the  case  may  be, the  Administrator  shall  apply
sanctions under section 179(b) in the  same manner and subject to  the
same deadlines and other conditions as are applicable in the case of a
determination, disapproval, or finding under section 179(a).
    "(C)  The  sanctions  under  section  179(b)(2)  shall  not  apply
pursuant to this paragraph in any area unless the failure to submit or
the disapproval referred to in subparagraph (A) or (B) relates to an 
air  pollutant for which such area has been designated a nonattainment
area (as defined in part D of title I).
    "(3)  If a program meeting the requirements  of this title has not
been approved in whole for any State, the Administrator shall, 2 years
after  the  date  required for  submission  of  such  a program  under
paragraph  (1), promulgate,  administer, and  enforce a  program under
this title for that State.
    "(e) Suspension.-The Administrator  shall suspend the  issuance of
permits  promptly upon publication of  notice of approval  of a permit
program  under  this  section,   but  may,  in  such   notice,  retain
jurisdiction over  permits that have  been federally  issued, but  for
which the administrative  or judicial review process is  not complete.
The Administrator  shall continue to administer  and enforce federally
issued permits under  this title until they  are replaced by  a permit
issued by a permitting  program. Nothing in this subsection  should be
construed  to limit  the  Administrator's ability  to enforce  permits
issued by a State.
    "(f)  Prohibition.-No  partial permit  program  shall be  approved
unless,  at a minimum, it  applies, and ensures  compliance with, this
title and each of the following:
       "(1) All requirements established  under title IV applicable to
    `affected sources'.
       "(2) All requirements established  under section 112 applicable
    to `major sources', `area sources,' and `new sources'. 
       "(3)  All  requirements of  title  I (other  than  section 112)
    applicable to sources  required to have a permit under this title.
    Approval of a partial program  shall not relieve the State of  its
    obligation to submit a complete program, nor from  the application
    of  any  sanctions  under  this  Act  for  failure  to  submit  an
    approvable permit program.
    "(g) Interim  Approval.-If a program  (including a partial  permit
program)   submitted   under  this   title  substantially   meets  the
requirements  of  this  title,  but  is  not   fully  approvable,  the
Administrator may by rule  grant the program interim approval.  In the
notice  of  final  rulemaking,  the Administrator  shall  specify  the
changes  that must  be  made  before  the  program  can  receive  full
approval.  An interim approval under this subsection shall expire on a
date  set  by the  Administrator  not later  than 2  years  after such
approval, and may not be  renewed. For the period of any  such interim
approval,  the provisions of subsection  (d)(2), and the obligation of
the Administrator to  promulgate a  program under this  title for  the
State  pursuant  to  subsection   (d)(3),  shall  be  suspended.  Such
provisions and such obligation of the Administrator shall apply  after
the expiration of such interim approval.
    "(h) Effective  Date.-The effective date  of a permit program,  or
partial  or interim program, approved  under this title,  shall be the
effective date of approval by the Administrator. The effective date of
a  permit  program, or  partial  permit  program,  promulgated by  the
Administrator shall be the date of promulgation.
    "(i)    Administration    and   Enforcement.-(1)    Whenever   the
Administrator makes a determination that a permitting authority is not
adequately administering and enforcing  a program, or portion thereof,
in accordance with the  requirements of this title, the  Administrator
shall provide notice to the State and may, prior to the 
expiration of the 18-month period referred to in paragraph (2), in the
Administrator's discretion,  apply any  of the sanctions  specified in
section 179(b).
    "(2)  Whenever the  Administrator  makes  a determination  that  a
permitting authority  is not adequately administering  and enforcing a
program,  or portion thereof,  in accordance with  the requirements of
this  title, 18 months  after the date  of the notice  under paragraph
(1), the  Administrator shall apply the sanctions under section 179(b)
in  the  same  manner and  subject  to  the same  deadlines  and other
conditions  as  are  applicable  in  the   case  of  a  determination,
disapproval, or finding under section 179(a).
    "(3)  The  sanctions  under  section  179(b)(2)  shall  not  apply
pursuant  to this  subsection  in  any  area  unless  the  failure  to
adequately  enforce  and administer  the  program  relates to  an  air
pollutant for  which  such area  has been  designated a  nonattainment
area.
    "(4)  Whenever  the   Administrator  has  made  a   finding  under
paragraph  (1) with  respect  to  any  State,  unless  the  State  has
corrected  such deficiency  within 18  months after  the date  of such
finding,  the  Administrator shall,  2 years  after  the date  of such
finding,  promulgate, administer,  and  enforce a  program under  this
title for that State. Nothing in this paragraph  shall be construed to
affect the validity  of a program  which has been approved  under this
title or the authority  of any permitting authority acting  under such
program  until such  time  as  such  program  is  promulgated  by  the
Administrator under this paragraph.
"SEC. 503. PERMIT APPLICATIONS.
    "(a)  Applicable  Date.-Any source  specified  in  section  502(a)
shall  become subject  to a  permit  program, and  required to  have a
permit, on the later of the following dates-
       "(1)  the  effective date  of a  permit  program or  partial or
    interim permit program applicable to the source; or 
       "(2) the date such source becomes subject to section 502(a).
    "(b)  Compliance  Plan.-(1)  The regulations  required  by section
502(b)  shall include a requirement that the applicant submit with the
permit application  a compliance plan  describing how the  source will
comply with all applicable requirements under this Act. The compliance
plan  shall include  a schedule  of compliance,  and a  schedule under
which the  permittee will  submit progress reports  to the  permitting
authority no less frequently than every 6 months.
    "(2)  The  regulations  shall further  require  the  permittee  to
periodically (but no less frequently  than annually) certify that  the
facility is  in compliance  with  any applicable  requirements of  the
permit, and to promptly report any deviations from permit requirements
to the permitting authority.
    "(c)  Deadline.-Any person  required to  have a permit  shall, not
later  than 12  months after  the  date on  which  the source  becomes
subject  to a permit program approved or promulgated under this title,
or such earlier date as the permitting authority may establish, submit
to the permitting authority a compliance plan and an application for a
permit  signed  by  a  responsible  official,  who shall  certify  the
accuracy of the information  submitted. The permitting authority shall
approve  or disapprove  a completed  application (consistent  with the
procedures established under this title for consideration of such 
applications),  and shall issue or  deny the permit,  within 18 months
after  the  date  of  receipt  thereof,  except  that  the  permitting
authority shall  establish  a phased  schedule  for acting  on  permit
applications submitted within  the first full year after the effective
date of a  permit program (or a partial or  interim program). Any such
schedule shall assure that at least one-third of such  permits will be
acted  on by such authority annually over  a period of not to exceed 3
years  after  such  effective  date. Such  authority  shall  establish
reasonable  procedures  to  prioritize such  approval  or  disapproval
actions in the case  of applications for construction  or modification
under the applicable requirements of this Act.
    "(d)  Timely   and  Complete   Applications.-Except  for   sources
required to have  a permit before  construction or modification  under
the applicable requirements of this Act, if an applicant has submitted
a timely and complete application for  a permit required by this title
(including  renewals), but  final action  has not  been taken  on such
application, the  source's failure to  have a  permit shall  not be  a
violation of this Act, unless the delay in final action was due to the
failure  of  the applicant  timely to  submit information  required or
requested to process  the application.  No source required  to have  a
permit under this title shall be in violation of section 502(a) before
the  date on which  the source  is required  to submit  an application
under subsection (c).
    "(e)  Copies; Availability.-A  copy  of  each permit  application,
compliance plan  (including the schedule of  compliance), emissions or
compliance monitoring  report, certification,  and each permit  issued
under this title, shall be available to the public. If an applicant or
permittee  is required  to submit  information entitled  to protection
from disclosure under  section 114(c)  of this Act,  the applicant  or
permittee may submit such  information separately. The requirements of
section  114(c) shall  apply to  such information.  The contents  of a
permit shall not be entitled to protection under section 114(c).
"SEC. 504. PERMIT REQUIREMENTS AND CONDITIONS.
    "(a)  Conditions.-Each  permit  issued  under  this  title   shall
include enforceable emission limitations  and standards, a schedule of
compliance, a requirement that the  permittee submit to the permitting
authority,  no less  often than  every 6  months, the  results of  any
required monitoring,  and such other  conditions as  are necessary  to
assure compliance with applicable  requirements of this Act, including
the requirements of the applicable implementation plan.
    "(b)  Monitoring  and  Analysis.-The  Administrator  may  by  rule
prescribe procedures  and methods  for determining compliance  and for
monitoring and analysis  of pollutants regulated  under this Act,  but
continuous emissions  monitoring need  not be required  if alternative
methods are  available that  provide sufficiently reliable  and timely
information  for  determining compliance.  Nothing in  this subsection
shall  be  construed to  affect  any  continuous emissions  monitoring
requirement of title IV, or where required elsewhere in this Act.
    "(c)    Inspection,   Entry,    Monitoring,   Certification,   and
Reporting.-Each  permit  issued  under  this  title  shall  set  forth
inspection, entry, monitoring, compliance certification, and reporting
re-
quirements to assure compliance with the  permit terms and conditions.
Such  monitoring  and  reporting  requirements shall  conform  to  any
applicable  regulation under subsection (b). Any report required to be
submitted by a  permit issued to a corporation under  this title shall
be signed by a  responsible corporate official, who shall  certify its
accuracy.
    "(d) General Permits.-The  permitting authority may, after  notice
and opportunity  for public hearing,  issue a general  permit covering
numerous similar  sources. Any  general permit  shall comply  with all
requirements applicable to permits under this title. No source covered
by a general permit shall  thereby be relieved from the obligation  to
file an application under section 503.
    "(e)  Temporary  Sources.-The  permitting  authority may  issue  a
single  permit  authorizing  emissions   from  similar  operations  at
multiple temporary locations. No such permit shall be issued unless it
includes  conditions   that  will  assure  compliance   with  all  the
requirements of this Act  at all authorized locations, including,  but
not limited to,  ambient standards and compliance  with any applicable
increment or visibility requirements under part C of title I. Any such
permit  shall in addition require the owner  or operator to notify the
permitting  authority  in advance  of  each  change  in location.  The
permitting authority may  require a separate permit fee for operations
at each location.
    "(f) Permit Shield.-Compliance with a permit  issued in accordance
with this title shall be deemed compliance with section 502. Except as
otherwise provided by the  Administrator by rule, the permit  may also
provide that  compliance with  the permit  shall be  deemed compliance
with  other applicable  provisions  of this  Act  that relate  to  the
permittee if-
       "(1) the  permit includes  the applicable requirements  of such
    provisions, or
       "(2)  the   permitting  authority  in  acting   on  the  permit
    application makes a  determination relating to the  permittee that
    such  other  provisions  (which  shall  be  referred  to  in  such
    determination)  are not  applicable and  the  permit includes  the
    determination  or a  concise  summary  thereof.   Nothing  in  the
    preceding  sentence  shall  alter  or  affect  the  provisions  of
    section 303,  including the authority  of the Administrator  under
    that section.
"SEC. 505. NOTIFICATION TO ADMINISTRATOR AND CONTIGUOUS STATES.
    "(a) Transmission and Notice.-(1) Each permitting authority-
       "(A)  shall transmit to the Administrator a copy of each permit
    application  (and any  application for  a  permit modification  or
    renewal) or such  portion thereof, including any  compliance plan,
    as  the  Administrator  may  require  to  effectively  review  the
    application  and  otherwise  to  carry  out   the  Administrator's
    responsibilities under this Act, and
       "(B) shall provide to  the Administrator a copy of  each permit
    proposed to be issued and issued as a final permit.
    "(2) The permitting authority shall notify all States-
       "(A)  whose air quality may be affected and that are contiguous
    to the State in which the emission originates, or
       "(B) that are within 50 miles of the source,  
each  permit   application  or   proposed  permit  forwarded   to  the
Administrator under this section, and shall provide an opportunity for
such States to submit  written recommendations respecting the issuance
of  the permit  and its  terms and  conditions. If  any part  of those
recommendations  are not  accepted by  the permitting  authority, such
authority shall  notify the  State submitting the  recommendations and
the  Administrator   in  writing  of  its  failure   to  accept  those
recommendations and the reasons therefor.
    "(b) Objection by EPA.-(1) If any permit  contains provisions that
are  determined by  the Administrator  as not  in compliance  with the
applicable requirements of this Act, including the requirements  of an
applicable implementation plan, the Administrator shall, in accordance
with this subsection, object to its issuance. The permitting authority
shall respond in writing if the Administrator (A) within 45 days after
receiving  a copy of the  proposed permit under  subsection (a)(1), or
(B)  within  45 days  after  receiving  notification under  subsection
(a)(2),  objects in writing to its  issuance as not in compliance with
such requirements. With the objection, the Administrator shall provide
a statement of the reasons for the objection. A copy  of the objection
and statement shall be provided to the applicant.
    "(2) If  the  Administrator does  not  object  in writing  to  the
issuance  of  a  permit pursuant  to  paragraph  (1),  any person  may
petition  the Administrator within 60 days after the expiration of the
45-day review period specified in paragraph (1) to take such action. A
copy  of such petition shall  be provided to  the permitting authority
and the applicant by the petitioner.  The petition shall be based only
on  objections  to  the  permit   that  were  raised  with  reasonable
specificity  during   the  public  comment  period   provided  by  the
permitting agency (unless the  petitioner demonstrates in the petition
to   the  Administrator  that  it  was  impracticable  to  raise  such
objections within such period or unless the grounds for such objection
arose  after  such  period).  The petition  shall  identify  all  such
objections.  If the permit has  been issued by  the permitting agency,
such  petition shall not postpone the effectiveness of the permit. The
Administrator shall grant or  deny such petition within 60  days after
the  petition is  filed. The  Administrator shall  issue an  objection
within such period if the petitioner demonstrates to the Administrator
that the permit  is not in  compliance with  the requirements of  this
Act, including the requirements of the applicable implementation plan.
Any denial of such petition shall be subject to judicial review  under
section 307. The Administrator shall include in regulations under this
title provisions  to implement  this paragraph. The  Administrator may
not delegate the requirements of this paragraph.
    "(3) Upon receipt  of an objection by the Administrator under this
subsection, the permitting  authority may not issue  the permit unless
it is  revised and issued  in accordance with  subsection (c). If  the
permitting  authority has  issued  a permit  prior  to receipt  of  an
objection by the Administrator under paragraph (2) of this subsection,
the  Administrator shall modify, terminate,  or revoke such permit and
the permitting authority may thereafter only issue a revised permit in
accordance with subsection (c). 
    "(c)  Issuance  or  Denial.-If  the  permitting  authority  fails,
within 90 days after the date of an objection under subsection (b), to
submit a permit revised to meet the objection, the Administrator shall
issue or deny the  permit in accordance with the  requirements of this
title.  No objection  shall be  subject to  judicial review  until the
Administrator takes final action to issue  or deny a permit under this
subsection.
    "(d) Waiver  of Notification  Requirements.-(1) The  Administrator
may  waive the requirements of subsections (a)  and (b) at the time of
approval  of  a  permit program  under  this  title  for any  category
(including any class, type,  or size within such category)  of sources
covered by the program other than major sources.
    "(2)  The Administrator  may, by  regulation, establish categories
of sources (including any  class, type, or size within  such category)
to  which the requirements of subsections (a) and (b) shall not apply.
The preceding sentence shall not apply to major sources.
    "(3) The  Administrator  may exclude  from any  waiver under  this
subsection notification  under subsection  (a)(2). Any  waiver granted
under  this subsection may be revoked or modified by the Administrator
by rule.
    "(e)  Refusal of  Permitting Authority  To  Terminate, Modify,  or
Revoke and  Reissue.-If the Administrator  finds that cause  exists to
terminate,  modify, or revoke and  reissue a permit  under this title,
the Administrator shall notify the permitting authority and the source
of the Administrator's finding. The permitting authority shall, within
90   days  after  receipt   of  such  notification,   forward  to  the
Administrator  under  this   section  a   proposed  determination   of
termination,   modification,   or   revocation  and   reissuance,   as
appropriate.  The Administrator may extend  such 90 day  period for an
additional 90  days if the  Administrator finds that a  new or revised
permit application is necessary, or that the permitting authority must
require   the  permittee   to  submit   additional  information.   The
Administrator   may  review  such  proposed  determination  under  the
provisions of  subsections (a)  and (b).  If the  permitting authority
fails  to  submit  the  required  proposed  determination, or  if  the
Administrator objects  and the  permitting authority fails  to resolve
the  objection within 90 days, the Administrator may, after notice and
in accordance with fair  and reasonable procedures, terminate, modify,
or revoke and reissue the permit.
"SEC. 506. OTHER AUTHORITIES.
    "(a) In General.-Nothing in this  title shall prevent a  State, or
interstate   permitting   authority,   from  establishing   additional
permitting requirements not inconsistent with this Act.
    "(b) Permits Implementing Acid Rain  Provisions.-The provisions of
this title,  including provisions regarding  schedules for  submission
and  approval or  disapproval of  permit applications, shall  apply to
permits implementing the  requirements of title IV  except as modified
by that title.
"SEC.   507.  SMALL   BUSINESS   STATIONARY   SOURCE   TECHNICAL   AND
ENVIRONMENTAL COMPLIANCE ASSISTANCE PROGRAM.
    "(a) Plan  Revisions.-Consistent with sections  110 and 112,  each
State shall,  after reasonable notice  and public hearings,  adopt and
submit to the Administrator  as part of the State  implementation plan
for such  State or  as a  revision to such  State implementation  plan
under section 110, plans for establishing a small business sta-
tionary  source  technical  and  environmental  compliance  assistance
program. Such submission shall be made within 24 months after the date
of  the  enactment  of  the  Clean Air  Act  Amendments  of  1990. The
Administrator  shall approve such program  if it includes  each of the
following:
       "(1)  Adequate  mechanisms  for  developing,   collecting,  and
    coordinating   information   concerning  compliance   methods  and
    technologies for small  business stationary sources,  and programs
    to  encourage lawful  cooperation  among  such sources  and  other
    persons to further compliance with this Act.
       "(2)   Adequate  mechanisms   for   assisting  small   business
    stationary   sources  with  pollution  prevention  and  accidental
    release detection and  prevention, including providing information
    concerning  alternative  technologies, process  changes, products,
    and methods of operation that help reduce air pollution.
       "(3) A designated State office within the relevant State agency
    to  serve as ombudsman  for small  business stationary  sources in
    connection with the implementation of this Act.
       "(4)  A   compliance  assistance  program  for  small  business
    stationary  sources   which  assists  small  business   stationary
    sources in  determining applicable  requirements and in  receiving
    permits under this Act in a timely and efficient manner.
       "(5)  Adequate   mechanisms  to  assure  that   small  business
    stationary  sources receive notice of  their rights under this Act
    in such manner and form  as to assure reasonably adequate time for
    such sources  to evaluate compliance methods  and any  relevant or
    applicable proposed or  final regulation or standard  issued under
    this Act.
       "(6)   Adequate  mechanisms   for   informing  small   business
    stationary sources of their obligations under  this Act, including
    mechanisms for  referring such sources  to qualified auditors  or,
    at  the  option   of  the  State,  for  providing  audits  of  the
    operations of such sources to determine compliance with this Act.
       "(7)  Procedures for  consideration  of requests  from a  small
    business stationary source for modification of-
          "(A)  any   work  practice   or  technological   method   of
       compliance, or
          "(B) the  schedule of milestones  for implementing such work
       practice  or  method  of  compliance preceding  any  applicable
       compliance  date,   based  on the  technological and  financial
       capability  of any  such small  business stationary  source. No
       such  modification may be  granted unless  it is  in compliance
       with  the applicable  requirements of  this Act,  including the
       requirements of the applicable  implementation plan. Where such
       applicable requirements are  set forth in  Federal regulations,
       only  modifications  authorized  in  such  regulations  may  be
       allowed.
    "(b) Program.-The  Administrator shall  establish within  9 months
after the date  of the enactment  of the Clean  Air Act Amendments  of
1990 a  small business  stationary source technical  and environmental
compliance assistance program. Such program shall-
       "(1)  assist  the States  in  the  development of  the  program
    required under  subsection (a) (relating  to assistance for  small
    business stationary sources);
       "(2)   issue  guidance  for  the  use  of  the  States  in  the
    implementation  of   these  programs  that  includes   alternative
    control technologies  and pollution  prevention methods applicable
    to small business stationary sources; and
       "(3)  provide for  implementation  of  the  program  provisions
    required  under  subsection  (a)(4) in  any  State  that fails  to
    submit such a program under that subsection.
    "(c) Eligibility.-(1)  Except as  provided in  paragraphs (2)  and
(3), for purposes of this section, the term `small business stationary
source' means a stationary source that-
       "(A) is owned or operated by a person that employs 100 or fewer
    individuals,
       "(B)  is a  small  business concern  as  defined in  the  Small
    Business Act;
       "(C) is not a major stationary source;
       "(D) does  not emit 50 tons  or more per year  of any regulated
    pollutant; and
       "(E)  emits less  than  75  tons  per  year  of  all  regulated
    pollutants.
    "(2)  Upon petition by a  source, the State may,  after notice and
opportunity for public comment, include as a small business stationary
source for purposes of  this section any stationary source  which does
not meet  the criteria of subparagraphs (C),  (D), or (E) of paragraph
(1) but  which does  not  emit more  than 100  tons  per year  of  all
regulated pollutants.
    "(3)(A) The Administrator,  in consultation with the Administrator
of the  Small Business Administration  and after providing  notice and
opportunity for public  comment, may exclude  from the small  business
stationary  source  definition  under  this section  any  category  or
subcategory  of  sources that  the  Administrator  determines to  have
sufficient  technical   and  financial   capabilities   to  meet   the
requirements of this Act without the application of this subsection.
    "(B) The  State, in  consultation with  the Administrator and  the
Administrator of the Small Business Administration and after providing
notice  and opportunity for public hearing, may exclude from the small
business stationary source definition  under this section any category
or subcategory of sources that the State determines to have sufficient
technical and financial capabilities to meet the requirements  of this
Act without the application of this subsection.
    "(d)  Monitoring.-The  Administrator  shall  direct  the  Agency's
Office  of Small  and Disadvantaged  Business Utilization  through the
Small Business Ombudsman (hereinafter in  this section referred to  as
the  `Ombudsman')  to monitor  the  small  business stationary  source
technical and  environmental compliance assistance program  under this
section.  In carrying  out such  monitoring activities,  the Ombudsman
shall-
       "(1) render  advisory opinions on the  overall effectiveness of
    the Small  Business Stationary Source  Technical and Environmental
    Compliance  Assistance  Program,  difficulties  encountered,   and
    degree and severity of enforcement;
       "(2) make periodic reports to the Congress on the compliance of
    the Small Business Stationary  Source Technical and  Environmental
    Compliance Assistance Program with the require-
    ments of the  Paperwork Reduction Act, the  Regulatory Flexibility
    Act, and the Equal Access to Justice Act;
       "(3)  review information  to  be issued  by the  Small Business
    Stationary   Source   Technical   and   Environmental   Compliance
    Assistance  Program  for  small  business  stationary  sources  to
    ensure that  the information is  understandable by the  layperson;
    and
       "(4) have  the Small  Business Stationary Source  Technical and
    Environmental   Compliance   Assistance   Program  serve   as  the
    secretariat for the development and dissemination  of such reports
    and advisory opinions.
    "(e)  Compliance Advisory  Panel.-(1)  There  shall be  created  a
Compliance Advisory Panel  (hereinafter referred to as the `Panel') on
the State level of not less than 7 individuals. This Panel shall-
       "(A) render  advisory opinions concerning  the effectiveness of
    the small business  stationary source technical and  environmental
    compliance  assistance  program,  difficulties  encountered,   and
    degree and severity of enforcement;
       "(B) make periodic reports  to the Administrator concerning the
    compliance  of   the  State   Small  Business   Stationary  Source
    Technical  and  Environmental  Compliance Assistance  Program with
    the requirements  of the Paperwork  Reduction Act, the  Regulatory
    Flexibility Act, and the Equal Access to Justice Act;
       "(C) review information  for small business  stationary sources
    to assure  such information  is understandable  by the  layperson;
    and
       "(D) have  the Small  Business Stationary Source  Technical and
    Environmental   Compliance  Assistance   Program   serve   as  the
    secretariat for the development and dissemination  of such reports
    and advisory opinions.
    "(2) The Panel shall consist of-
       "(A)  2 members,  who  are not  owners,  or representatives  of
    owners,  of small  business stationary  sources,  selected by  the
    Governor to represent the general public;
       "(B)  2  members  selected  by the  State  legislature  who are
    owners,  or who  represent owners,  of  small business  stationary
    sources (1 member  each by the majority and minority leadership of
    the  lower   house,  or  in  the   case  of   a  unicameral  State
    legislature,  2 members  each shall  be  selected by  the majority
    leadership  and  the minority  leadership,  respectively,  of such
    legislature, and subparagraph (C) shall not apply);
       "(C) 2  members  selected  by the  State  legislature  who  are
    owners,  or who  represent owners,  of  small business  stationary
    sources (1 member  each by the majority and minority leadership of
    the upper house, or the equivalent State entity); and
       "(D)  1 member selected by the head of the department or agency
    of  the State  responsible  for air  pollution permit  programs to
    represent that agency.
    "(f) Fees.-The  State (or the  Administrator) may  reduce any  fee
required under this Act  to take into account the  financial resources
of small business stationary sources.
    "(g) Continuous Emission Monitors.-In  developing regulations  and
CTGs  under  this  Act  that contain  continuous  emission  monitoring
requirements, the Administrator, consistent with the require-
ments of this Act, before applying such requirements to small business
stationary sources,  shall consider the necessity  and appropriateness
of  such requirements  for such  sources.  Nothing in  this subsection
shall  affect the  applicability of  title IV  provisions  relating to
continuous emissions monitoring. 
    "(h)   Control   Technique  Guidelines.-The   Administrator  shall
consider, consistent  with the  requirements  of this  Act, the  size,
type, and technical capabilities  of small business stationary sources
(and  sources which are eligible under subsection (c)(2) to be treated
as small business stationary sources) in developing CTGs applicable to
such sources under this Act.".

 TITLE VI-STRATOSPHERIC OZONE PROTECTION  TITLE VI-STRATOSPHERIC OZONE
PROTECTION 

Sec. 601. Part B repeal.  
Sec. 602. Stratospheric ozone protection.  
Sec. 603. Methane studies.

SEC. 601. PART B REPEAL.
    Part  B  of  title  I  of  the  Clean   Air  Act  entitled  "Ozone
Protection", sections 150 through 159, is hereby repealed.
SEC. 602. STRATOSPHERIC OZONE PROTECTION.
    (a) New  Title VI.-The  Clean Air  Act  is amended  by adding  the
following new title after title V:
               "TITLE VI-STRATOSPHERIC OZONE PROTECTION

                          "Table of Contents
"Sec. 601. Definitions.  
"Sec. 602. Listing of class I and class II substances.  
"Sec. 603. Monitoring and reporting requirements.  
"Sec.  604.  Phase-out  of  production  and  consumption  of  class  I
substances.  
"Sec.  605.  Phase-out  of  production  and  consumption  of  class II
substances.  
"Sec. 606. Accelerated schedule.  
"Sec. 607. Exchanges.  
"Sec. 608. National recycling and emission reduction program.  
"Sec. 609. Servicing of motor vehicle air conditioners.  
"Sec. 610. Nonessential products containing chlorofluorocarbons.  
"Sec. 611. Labeling.  
"Sec. 612. Safe alternatives policy.  
"Sec. 613. Federal procurement.  
"Sec. 614. Relationship to other law.  
"Sec. 615. Authority of Administrator.  
"Sec. 616. Transfers among Parties to the Montreal Protocol.  
"Sec. 617. International cooperation.  
"Sec. 618. Miscellaneous.

"SEC. 601. DEFINITIONS.
    "As used in this title-
       "(1) Appliance.-The  term  `appliance' means  any device  which
    contains  and  uses  a  class  I   or  class  II  substance  as  a
    refrigerant  and  which  is  used  for   household  or  commercial
    purposes, including  any air  conditioner, refrigerator,  chiller,
    or freezer.
       "(2) Baseline year.-The term `baseline year' means-
          "(A)  the calendar  year 1986, in  the case  of any  class I
       substance listed in Group I or II under section 602(a),
          "(B)  the calendar  year 1989,  in the  case of any  class I
       substance listed in Group  III, IV, or V under  section 602(a),
       and
          "(C)  a  representative  calendar   year  selected  by   the
       Administrator, in the case of-
            "(i)  any  substance  added  to   the  list  of  class   I
          substances after  the publication of  the initial list under
          section 602(a), and
            "(ii) any class II substance.
       "(3) Class i substance.-The term `class I substance' means each
    of the substances listed as provided in section 602(a).
       "(4) Class  ii substance.-The  term `class II  substance' means
    each of the substances listed as provided in section 602(b).
       "(5)   Commissioner.-The   term   `Commissioner'    means   the
    Commissioner of the Food and Drug Administration.
       "(6) Consumption.-The term `consumption' means, with respect to
    any  substance,  the amount  of  that  substance produced  in  the
    United  States,  plus  the  amount  imported,   minus  the  amount
    exported to Parties to the  Montreal Protocol. Such term  shall be
    construed in a manner consistent with the Montreal Protocol.
       "(7) Import.-The term `import' means to land on, bring into, or
    introduce into,  or attempt to land  on, bring  into, or introduce
    into, any place  subject to the jurisdiction of the United States,
    whether   or   not  such   landing,   bringing,   or  introduction
    constitutes an importation within the meaning of  the customs laws
    of the United States.
       "(8) Medical device.-The term `medical device' means any device
    (as defined  in  the Federal  Food,  Drug,  and Cosmetic  Act  (21
    U.S.C. 321)), diagnostic product, drug  (as defined in the Federal
    Food, Drug, and Cosmetic Act), and drug delivery system-
          "(A) if such device, product, drug,  or drug delivery system
       utilizes a class I or class II substance for which  no safe and
       effective alternative has been  developed, and where necessary,
       approved by the Commissioner; and
          "(B) if such device, product, drug, or drug delivery system,
       has,  after notice  and  opportunity for  public comment,  been
       approved  and determined to be essential by the Commissioner in
       consultation with the Administrator.
       "(9) Montreal protocol.-The terms `Montreal Protocol'  and `the
    Protocol' mean  the Montreal Protocol  on Substances that  Deplete
    the  Ozone Layer,  a  protocol to  the  Vienna Convention  for the
    Protection of  the Ozone Layer,  including adjustments adopted  by
    Parties thereto and amendments that have entered into force.
       "(10)  Ozone-depletion   potential.-The  term  `ozone-depletion
    potential'  means a  factor established  by  the Administrator  to
    reflect  the ozone-depletion potential of  a substance,  on a mass
    per   kilogram  basis,   as   compared   to  chlorofluorocarbon-11
    (CFC-11).  Such  factor  shall  be  based   upon  the  substance's
    atmospheric  lifetime,  the   molecular  weight  of  bromine   and
    chlorine,  and   the  substance's  ability  to  be  photolytically
    disassociated, and 
    upon  other  factors  determined  to be  an  accurate  measure  of
    relative ozone-depletion potential.
       "(11)  Produce, produced, and  production.-The terms `produce',
    `produced',  and  `production',  refer to  the  manufacture  of  a
    substance from  any raw material  or feedstock chemical, but  such
    terms do not include-
          "(A)  the  manufacture of  a  substance  that  is  used  and
       entirely  consumed   (except  for  trace   quantities)  in  the
       manufacture of other chemicals, or
          "(B) the reuse or recycling of a substance.
"SEC. 602. LISTING OF CLASS I AND CLASS II SUBSTANCES.
    "(a)  List of Class I  Substances.-Within 60  days after enactment
of  the  Clean Air  Act Amendments  of  1990, the  Administrator shall
publish  an initial  list  of class  I  substances, which  list  shall
contain the following substances:

    Group I
    chlorofluorocarbon-11 (CFC-11)
    chlorofluorocarbon-12 (CFC-12)
    chlorofluorocarbon-113 (CFC-113)
    chlorofluorocarbon-114 (CFC-114)
    chlorofluorocarbon-115 (CFC-115)

    Group II
    halon-1211
    halon-1301
    halon-2402

    Group III
    chlorofluorocarbon-13 (CFC-13)
    chlorofluorocarbon-111 (CFC-111)
    chlorofluorocarbon-112 (CFC-112)
    chlorofluorocarbon-211 (CFC-211)
    chlorofluorocarbon-212 (CFC-212)
    chlorofluorocarbon-213 (CFC-213)
    chlorofluorocarbon-214 (CFC-214)
    chlorofluorocarbon-215 (CFC-215)
    chlorofluorocarbon-216 (CFC-216)
    chlorofluorocarbon-217 (CFC-217)

    Group IV
    carbon tetrachloride

    Group V
    methyl chloroform  

The  initial list under this subsection shall also include the isomers
of the  substances listed above, other  than 1,1,2-trichloroethane (an
isomer  of  methyl  chloroform).   Pursuant  to  subsection  (c),  the
Administrator shall  add to the  list of class I  substances any other
substance  that   the  Administrator   finds  causes   or  contributes
significantly to harmful effects on the stratospheric ozone layer. The
Administrator  shall, pursuant to subsection (c), add to such list all
substances that  the Administrator determines have  an ozone depletion
potential of 0.2 or greater.
    "(b) List of Class II  Substances.-Simultaneously with publication
of the initial  list of  class I substances,  the Administrator  shall
publish  an initial list of  class II substances,  which shall contain
the  following  substances:     hydrochlorofluorocarbon-21   (HCFC-21)
hydrochlorofluorocarbon-22   (HCFC-22)      hydrochlorofluorocarbon-31
(HCFC-31)  hydrochlorofluorocarbon-121 (HCFC-121)  
hydrochlorofluorocarbon-122  (HCFC-122)    hydrochlorofluorocarbon-123
(HCFC-123)               hydrochlorofluorocarbon-124        (HCFC-124)
hydrochlorofluorocarbon-131  (HCFC-131)    hydrochlorofluorocarbon-132
(HCFC-132)                hydrochlorofluorocarbon-133       (HCFC-133)
hydrochlorofluorocarbon-141  (HCFC-141)    hydrochlorofluorocarbon-142
(HCFC-142)               hydrochlorofluorocarbon-221        (HCFC-221)
hydrochlorofluorocarbon-222  (HCFC-222)    hydrochlorofluorocarbon-223
(HCFC-223)               hydrochlorofluorocarbon-224        (HCFC-224)
hydrochlorofluorocarbon-225  (HCFC-225)    hydrochlorofluorocarbon-226
(HCFC-226)                hydrochlorofluorocarbon-231       (HCFC-231)
hydrochlorofluorocarbon-232  (HCFC-232)    hydrochlorofluorocarbon-233
(HCFC-233)               hydrochlorofluorocarbon-234        (HCFC-234)
hydrochlorofluorocarbon-235  (HCFC-235)    hydrochlorofluorocarbon-241
(HCFC-241)               hydrochlorofluorocarbon-242        (HCFC-242)
hydrochlorofluorocarbon-243  (HCFC-243)    hydrochlorofluorocarbon-244
(HCFC-244)                hydrochlorofluorocarbon-251       (HCFC-251)
hydrochlorofluorocarbon-252  (HCFC-252)    hydrochlorofluorocarbon-253
(HCFC-253)               hydrochlorofluorocarbon-261        (HCFC-261)
hydrochlorofluorocarbon-262  (HCFC-262)    hydrochlorofluorocarbon-271
(HCFC-271)  

The  initial list under this subsection shall also include the isomers
of  the  substances listed  above.  Pursuant  to subsection  (c),  the
Administrator shall add to  the list of class II  substances any other
substance that the Administrator  finds is known or may  reasonably be
anticipated  to   cause  or  contribute  to  harmful  effects  on  the
stratospheric ozone layer.
    "(c)  Additions to  the Lists.-(1)  The Administrator may  add, by
rule, in accordance  with the criteria set forth  in subsection (a) or
(b), as the case may be, any substance to the list of class I or class
II substances under subsection  (a) or (b). For purposes  of exchanges
under section 507, whenever a substance  is added to the list of class
I  substances the Administrator  shall, to the  extent consistent with
the  Montreal Protocol, assign such substance to existing Group I, II,
III, IV, or V or place such substance in a new Group.
    "(2)  Periodically, but  not less  frequently than  every 3  years
after  the enactment  of the  Clean Air  Act Amendments  of 1990,  the
Administrator shall list, by  rule, as additional class I or  class II
substances  those substances  which the  Administrator finds  meet the
criteria of subsection (a) or (b), as the case may be.
    "(3)  At any  time, any person  may petition  the Administrator to
add a  substance  to the  list  of class  I  or class  II  substances.
Pursuant to the  criteria set forth  in subsection (a)  or (b) as  the
case  may be, within  180 days  after receiving  such a  petition, the
Administrator 
shall  either propose to add the substance  to such list or publish an
explanation  of   the  petition  denial.   In  any   case  where   the
Administrator  proposes  to   add  a  substance  to  such   list,  the
Administrator shall add, by  rule, (or make a final  determination not
to add) such substance to such list within 1 year after receiving such
petition. Any petition under this paragraph shall include a showing by
the  petitioner that  there  are data  on  the substance  adequate  to
support the petition. If the Administrator determines that information
on the substance is  not sufficient to make a determination under this
paragraph, the Administrator shall use any  authority available to the
Administrator,  under any  law administered  by the  Administrator, to
acquire such information.
    "(4) Only  a class  II substance  which is  added to  the list  of
class  I  substances  may  be  removed  from  the  list  of  class  II
substances.  No substance  referred  to in  subsection (a),  including
methyl chloroform, may be removed from the list of class I substances.

    "(d) New Listed  Substances.-In the case of any substance added to
the list  of class I or  class II substances after  publication of the
initial list of such substances under this section,  the Administrator
may  extend any schedule  or compliance deadline  contained in section
604 or 605  to a later  date than specified  in such sections  if such
schedule or deadline is  unattainable, considering when such substance
is  added to the list.  No extension under  this subsection may extend
the  date for termination of production of  any class I substance to a
date more  than 7 years after January 1 of  the year after the year in
which the substance is  added to the list of  class I substances.   No
extension under this subsection may extend the date for termination of
production of  any class  II substance  to a date  more than  10 years
after January 1 of the  year after the year in which the  substance is
added to the list of class II substances.
    "(e) Ozone-Depletion and Global Warming  Potential.-Simultaneously
with  publication of the  lists under this  section and simultaneously
with any addition  to either  of such lists,  the Administrator  shall
assign  to each  listed substance  a numerical value  representing the
substance's ozone-depletion potential. In addition,  the Administrator
shall  publish  the chlorine  and  bromine loading  potential  and the
atmospheric  lifetime  of  each   listed  substance.  One  year  after
enactment of  the Clean Air Act Amendments of 1990 (one year after the
addition  of a  substance to  either of such  lists in  the case  of a
substance added after  the publication  of the initial  lists of  such
substances), and after notice and opportunity for  public comment, the
Administrator  shall  publish the  global  warming  potential of  each
listed  substance. The preceding sentence shall not be construed to be
the basis  of any additional regulation under this Act. In the case of
the substances referred to  in table 1, the  ozone-depletion potential
shall be as specified in table 1, unless the Administrator adjusts the
substance's ozone-depletion potential based on criteria referred to in
section 601(10):
    "Table 1

    Substance                       Ozone-depletion potential
    chlorofluorocarbon-11 (CFC-11)        1      0
    chlorofluorocarbon-12 (CFC-12)        1      0
    chlorofluorocarbon-13 (CFC-13)        1      0
    chlorofluorocarbon-111 (CFC-111)      1      0
    chlorofluorocarbon-112 (CFC-112)      1      0
    chlorofluorocarbon-113 (CFC-113)      0      8
    chlorofluorocarbon-114 (CFC-114)      1      0
    chlorofluorocarbon-115 (CFC-115)      0      6
    chlorofluorocarbon-211 (CFC-211)      1      0
    chlorofluorocarbon-212 (CFC-212)      1      0
    chlorofluorocarbon-213 (CFC-213)      1      0
    chlorofluorocarbon-214 (CFC-214)      1      0
    chlorofluorocarbon-215 (CFC-215)      1      0
    chlorofluorocarbon-216 (CFC-216)      1      0
    chlorofluorocarbon-217 (CFC-217)      1      0
    halon-1211                              3       0
    halon-1301                             10       0
    halon-2402                              6       0
    carbon tetrachloride                  1      1
    methyl chloroform                     0      1
    hydrochlorofluorocarbon-22 (HCFC-22)                     0        
  05
    hydrochlorofluorocarbon-123 (HCFC-123)                   0        
  02
    hydrochlorofluorocarbon-124 (HCFC-124)                    0       
  02
    hydrochlorofluorocarbon-141(b) (HCFC-141(b))              0       
   1
    hydrochlorofluorocarbon-142(b) (HCFC-142(b))              0       
  06

 Where the  ozone-depletion potential of  a substance is  specified in
the  Montreal Protocol,  the  ozone-depletion potential  specified for
that  substance  under  this  section  shall be  consistent  with  the
Montreal Protocol.
"SEC. 603. MONITORING AND REPORTING REQUIREMENTS.
    "(a)  Regulations.-Within 270  days  after  the enactment  of  the
Clean  Air Act Amendments of  1990, the Administrator  shall amend the
regulations of  the  Administrator in  effect on  such date  regarding
monitoring  and reporting  of class  I and  class II  substances. Such
amendments shall  conform to  the requirements  of  this section.  The
amended  regulations shall  include requirements  with respect  to the
time and manner  of monitoring  and reporting as  required under  this
section.
    "(b) Production, Import, and Export Level  Reports.-On a quarterly
basis, or such other  basis (not less than annually) as  determined by
the Administrator, each  person who produced, imported,  or exported a
class  I  or  class  II  substance  shall  file  a  report  with   the
Administrator setting  forth the  amount  of the  substance that  such
person produced, imported, and exported during the preceding reporting
period. Each such report shall be signed and attested by a responsible
officer. No such report shall be required from a person  after April 1
of the calendar year after such person permanently  ceases production,
importation,  and exportation  of the  substance  and so  notifies the
Administrator in writing.
    "(c)  Baseline  Reports  for   Class  I  Substances.-Unless   such
information has previously been reported to the  Administrator, on the
date on which the first report under subsection (b) is required to 
be filed, each  person who produced,  imported, or exported a  class I
substance (other  than  a  substance added  to  the list  of  class  I
substances   after  the  publication  of  the  initial  list  of  such
substances   under  this  section)  shall   file  a  report  with  the
Administrator setting  forth the  amount of  such substance  that such
person produced, imported, and exported  during the baseline year.  In
the case of a  substance added to the list of class I substances after
publication of the initial list of such substances under this section,
the regulations shall require that each person who produced, imported,
or  exported such substance shall file a report with the Administrator
within 180 days after the date on which such substance is added to the
list,  setting  forth the  amount of  the  substance that  such person
produced, imported, and exported in the baseline year.
    "(d)  Monitoring and  Reports to  Congress.-(1) The  Administrator
shall  monitor  and,  not less  often  than  every  3 years  following
enactment of the Clean Air Act Amendments of 1990, submit  a report to
Congress  on the production, use and  consumption of class I and class
II substances. Such report shall  include data on domestic production,
use  and consumption, and an estimate of worldwide production, use and
consumption of such substances. Not less frequently than every 6 years
the  Administrator shall report  to Congress on  the environmental and
economic effects of any stratospheric ozone depletion.
    "(2)  The Administrators  of the  National  Aeronautics and  Space
Administration and the National Oceanic and Atmospheric Administration
shall  monitor,  and  not less  often  than  every  3 years  following
enactment of the Clean Air Act  Amendments of 1990, submit a report to
Congress on the current average tropospheric concentration of chlorine
and  bromine and on the  level of stratospheric  ozone depletion. Such
reports shall include updated projections of-
       "(A) peak chlorine loading;
       "(B) the rate at which the atmospheric abundance of chlorine is
    projected to decrease after the year 2000; and
       "(C) the date by which the atmospheric abundance of chlorine is
    projected  to return to  a level  of two parts  per billion.  Such
    updated  projections  shall  be  made  on  the  basis  of  current
    international and domestic controls on substances  covered by this
    title as well  as on the basis of  such controls supplemented by a
    year 2000 global phase out  of all halocarbon emissions  (the base
    case). It  is the purpose of  the Congress  through the provisions
    of this section to monitor  closely the production and consumption
    of  class  II  substances  to  assure  that   the  production  and
    consumption of such substances will not:
          "(i)  increase significantly the peak  chlorine loading that
       is  projected to  occur  under the  base  case established  for
       purposes of this section;
          "(ii) reduce significantly the rate at which the atmospheric
       abundance  of chlorine is projected to  decrease under the base
       case; or
          "(iii)  delay  the date  by  which  the  average atmospheric
       concentration of chlorine  is projected under the  base case to
       return to a level of two parts per billion.
    "(e) Technology  Status Report  in  2015.-The Administrator  shall
review, on a periodic basis, the progress being made in the de-
velopment of alternative systems  or products necessary to manufacture
and   operate  appliances   without  class   II  substances.   If  the
Administrator finds, after notice  and opportunity for public comment,
that  as   a  result   of  technological  development   problems,  the
development of  such alternative  systems or  products will  not occur
within  the  time necessary  to provide  for  the manufacture  of such
equipment without  such substances  prior to the  applicable deadlines
under  section 605, the Administrator shall, not later than January 1,
2015, so inform the Congress.
    "(f)   Emergency    Report.-If,   in    consultation   with    the
Administrators of the  National Aeronautics  and Space  Administration
and  the National  Oceanic and  Atmospheric Administration,  and after
notice   and  opportunity  for   public  comment,   the  Administrator
determines that the  global production, consumption, and  use of class
II substances are projected to  contribute to an atmospheric  chlorine
loading in excess of the base case  projections by more than \5/10\ths
parts per  billion, the  Administrator shall  so  inform the  Congress
immediately. The  determination referred to in  the preceding sentence
shall be  based on the monitoring under subsection (d) and updated not
less often than every 3 years.
"SEC.  604.  PHASE-OUT  OF  PRODUCTION  AND  CONSUMPTION  OF  CLASS  I
SUBSTANCES.
    "(a) Production  Phase-Out.-Effective on  January 1  of each  year
specified in Table 2, it  shall be unlawful for any person  to produce
any class I  substance in an annual quantity greater than the relevant
percentage specified in Table 2. The percentages in Table 2 refer to a
maximum  allowable production as a  percentage of the  quantity of the
substance produced by the person concerned in the baseline year.

    "Table 2
    "Date      Carbon tetrachloride Methyl chloroform  Other  class  I
substances
    "1991           100%                 100%                  85%
    "1992           90%                  100%                  80%
    "1993           80%                  90%                   75%
    "1994           70%                  85%                   65%
    "1995           15%                  70%                   50%
    "1996           15%                  50%                   40%
    "1997           15%                  50%                   15%
    "1998           15%                  50%                   15%
    "1999           15%                  50%                   15%
    "2000           20%
    "2001           20%

    "(b)  Termination of Production  of Class  I Substances.-Effective
January 1, 2000 (January 1, 2002 in the case of methyl chloroform), it
shall be unlawful for any  person to produce any  amount of a class  I
substance.
    "(c) Regulations Regarding  Production and Consumption of  Class I
Substances.-The Administrator  shall promulgate regulations  within 10
months after the enactment of the Clean Air Act 
Amendments of 1990 phasing out the production of class I substances in
accordance  with this section and other  applicable provisions of this
title. The  Administrator shall also promulgate  regulations to insure
that the  consumption of class  I substances  in the United  States is
phased  out  and  terminated  in accordance  with  the  same  schedule
(subject to the same exceptions and other provisions) as is applicable
to the phase-out and  termination of production of class  I substances
under this title.
    "(d) Exceptions for  Essential Uses of Methyl  Chloroform, Medical
Devices, and Aviation Safety.-
       "(1) Essential  uses of methyl  chloroform.-Notwithstanding the
    termination of production  required by subsection (b),  during the
    period beginning  on January  1, 2002,  and ending  on January  1,
    2005, the Administrator,  after notice and opportunity  for public
    comment,  may, to  the extent such  action is  consistent with the
    Montreal Protocol, authorize the production  of limited quantities
    of  methyl chloroform  solely for  use  in essential  applications
    (such as  nondestructive testing for  metal fatigue and  corrosion
    of existing  airplane engines  and airplane  parts susceptible  to
    metal fatigue)  for  which  no safe  and  effective substitute  is
    available.   Notwithstanding  this  paragraph,  the  authority  to
    produce  methyl chloroform  for use  in medical  devices  shall be
    provided in accordance with paragraph (2).
       "(2)  Medical  devices.-Notwithstanding   the  termination   of
    production  required by  subsection (b),  the Administrator, after
    notice and  opportunity for public comment,  shall, to  the extent
    such action  is consistent with  the Montreal Protocol,  authorize
    the production of limited quantities of class I  substances solely
    for use in  medical devices if such authorization is determined by
    the Commissioner,  in consultation with  the Administrator, to  be
    necessary for use in medical devices.
       "(3)  Aviation safety.-(A)  Notwithstanding the  termination of
    production required  by subsection (b),  the Administrator,  after
    notice and  opportunity for  public  comment, may,  to the  extent
    such action  is consistent with  the Montreal Protocol,  authorize
    the    production    of    limited   quantities    of   halon-1211
    (bromochlorodifluoromethane),     halon-1301      (bromotrifluoro-
    methane),  and  halon-2402 (dibromotetrafluoroethane)  solely  for
    purposes  of aviation safety if  the Administrator  of the Federal
    Aviation Administration, in consultation  with the  Administrator,
    determines  that  no  safe  and  effective   substitute  has  been
    developed and  that such authorization  is necessary for  aviation
    safety purposes.
       "(B) The  Administrator of the Federal  Aviation Administration
    shall, in  consultation with  the  Administrator, examine  whether
    safe   and   effective  substitutes   for  methyl   chloroform  or
    alternative  techniques  will  be  available   for  nondestructive
    testing  for metal  fatigue  and  corrosion of  existing  airplane
    engines  and  airplane  parts susceptible  to  metal  fatigue  and
    whether  an exception  for such  uses of  methyl chloroform  under
    this paragraph  will be  necessary for purposes  of airline safety
    after January 1, 2005 and provide a report to Congress in 1998.
       "(4) Cap on certain  exceptions.-Under no circumstances may the
    authority set forth in paragraphs (1), (2), and (3) of sub-
    section  (d) be applied to authorize any person to produce a class
    I substance in annual quantities  greater than 10 percent  of that
    produced by such person during the baseline year.
    "(e) Developing Countries.-
       "(1) Exception.-Notwithstanding the  phase-out and  termination
    of  production  required  under  subsections  (a)   and  (b),  the
    Administrator, after  notice and  opportunity for public  comment,
    may,  consistent  with   the  Montreal  Protocol,   authorize  the
    production of limited  quantities of a class I substance in excess
    of  the amounts  otherwise allowable under  subsection (a) or (b),
    or both,  solely for export to,  and use  in, developing countries
    that are Parties  to the Montreal Protocol and are operating under
    article  5 of such Protocol. Any  production authorized under this
    paragraph shall  be solely  for purposes of  satisfying the  basic
    domestic needs of such countries.
       "(2)  Cap  on exception.-(A)  Under  no  circumstances may  the
    authority set forth in paragraph  (1) be applied to  authorize any
    person to produce  a class  I substance in  any year  for which  a
    production  percentage is  specified in Table  2 of subsection (a)
    in  an annual quantity greater than the specified percentage, plus
    an  amount equal  to 10  percent of  the amount  produced by  such
    person in the baseline year.
       "(B)  Under no  circumstances may  the authority  set  forth in
    paragraph (1)  be applied  to authorize  any person  to produce  a
    class I substance  in the applicable termination  year referred to
    in  subsection  (b), or  in  any  year  thereafter,  in an  annual
    quantity greater than  15 percent of the baseline quantity of such
    substance produced by such person.
       "(C)  An  exception  authorized  under  this  subsection  shall
    terminate  no later  than January  1, 2010  (2012  in the  case of
    methyl chloroform).
    "(f)  National Security.-The  President may,  to  the extent  such
action  is consistent with  the Montreal  Protocol, issue  such orders
regarding  production and  use  of  CFC-114  (chlorofluorocarbon-114),
halon-1211,  halon-1301,  and halon-2402,  at  any  specified site  or
facility or  on any vessel as may be necessary to protect the national
security  interests of the United  States if the  President finds that
adequate substitutes are not available and that the production and use
of  such substance  are necessary  to  protect such  national security
interest. Such  orders may  include, where  necessary to protect  such
interests, an exemption from  any prohibition or requirement contained
in this title. The  President shall notify the Congress within 30 days
of the  issuance of an  order under  this paragraph providing  for any
such  exemption. Such  notification shall  include a statement  of the
reasons for the  granting of  the exemption. An  exemption under  this
paragraph shall  be for a  specified period which  may not exceed  one
year. Additional exemptions may be granted, each upon  the President's
issuance of a  new order  under this paragraph.  Each such  additional
exemption shall be  for a specified  period which  may not exceed  one
year.  No exemption shall be granted  under this paragraph due to lack
of  appropriation   unless  the  President  shall   have  specifically
requested  such appropriation as a  part of the  budgetary process and
the  Congress  shall  have failed  to  make  available  such requested
appropriation.
    "(g)    Fire    Suppression    and    Explosion    Prevention.-(1)
Notwithstanding the production phase-out  set forth in subsection (a),
the Administrator,  after notice  and opportunity for  public comment,
may,  to  the  extent such  action  is  consistent  with the  Montreal
Protocol,   authorize  the   production  of   limited   quantities  of
halon-1211,  halon-1301,  and  halon-2402  in  excess  of  the  amount
otherwise  permitted pursuant  to  the schedule  under subsection  (a)
solely for purposes of fire suppression or explosion prevention if the
Administrator, in  consultation with  the Administrator of  the United
States  Fire Administration,  determines  that no  safe and  effective
substitute has been developed and that such authorization is necessary
for   fire   suppression   or  explosion   prevention   purposes.  The
Administrator shall not authorize  production under this paragraph for
purposes of fire safety or explosion prevention training or testing of
fire suppression or explosion prevention equipment. In  no event shall
the Administrator grant an exception under this paragraph that permits
production after December 31, 1999.
    "(2) The Administrator  shall periodically monitor and  assess the
status of efforts to obtain substitutes for the substances referred to
in  paragraph  (1)  for  purposes  of  fire  suppression or  explosion
prevention  and the probability of such substitutes being available by
December  31, 1999.  The Administrator,  as part  of  such assessment,
shall consider  any relevant  assessments under the  Montreal Protocol
and the  actions of the Parties pursuant to Article 2B of the Montreal
Protocol  in identifying essential uses  and in permitting  a level of
production or consumption that  is necessary to satisfy such  uses for
which no adequate alternatives are  available after December 31, 1999.
The  Administrator  shall  report  to  Congress the  results  of  such
assessment in 1994 and again in 1998.
    "(3) Notwithstanding  the termination of  production set forth  in
subsection (b),  the Administrator,  after notice and  opportunity for
public  comment,  may, to  the  extent  consistent with  the  Montreal
Protocol,   authorize  the   production  of   limited   quantities  of
halon-1211, halon-1301,  and halon-2402  in the period  after December
31,  1999, and before December  31, 2004, solely  for purposes of fire
suppression  or  explosion  prevention  in  association  with domestic
production of crude  oil and natural gas energy supplies  on the North
Slope of  Alaska,  if  the  Administrator, in  consultation  with  the
Administrator  of  the United  States Fire  Administration, determines
that no safe and effective substitute has been developed and that such
authorization   is  necessary  for   fire  suppression  and  explosion
prevention purposes. The Administrator  shall not authorize production
under  the  paragraph  for  purposes  of  fire  safety  or   explosion
prevention  training  or  testing  of fire  suppression  or  explosion
prevention equipment.  In no  event shall the  Administrator authorize
under this paragraph any person to produce any such halon in an amount
greater  than 3  percent of  that produced  by such person  during the
baseline year.
"SEC.  605.  PHASE-OUT OF  PRODUCTION  AND  CONSUMPTION  OF  CLASS  II
SUBSTANCES.
    "(a) Restriction of Use of Class  II Substances.-Effective January
1, 2015, it shall be unlawful for any person to introduce 
into interstate commerce  or use  any class II  substance unless  such
substance-
       "(1) has been used, recovered, and recycled;
       "(2)  is   used  and   entirely  consumed  (except   for  trace
    quantities) in the production of other chemicals; or
       "(3) is used as a refrigerant in  appliances manufactured prior
    to  January 1,  2020.    As  used  in this  subsection,  the  term
    `refrigerant' means any class  II substance used for heat transfer
    in a refrigerating system.
    "(b)  Production  Phase-Out.-(1)  Effective  January  1,  2015, it
shall be unlawful for any person  to produce any class II substance in
an annual  quantity  greater  than  the  quantity  of  such  substance
produced by such person during the baseline year.
    "(2)  Effective January  1,  2030, it  shall  be unlawful  for any
person to produce any class II substance.
    "(c) Regulations Regarding Production and Consumption  of Class II
Substances.-By December 31,  1999, the Administrator  shall promulgate
regulations phasing  out the production,  and restricting the  use, of
class  II substances in accordance  with this section,  subject to any
acceleration of  the phase-out of  production under  section 606.  The
Administrator  shall also  promulgate regulations  to insure  that the
consumption of class II substances in the United  States is phased out
and  terminated in accordance with  the same schedule  (subject to the
same  exceptions  and  other  provisions)  as  is  applicable  to  the
phase-out and  termination of production of class  II substances under
this title.
    "(d) Exceptions.-
       "(1) Medical devices.-
          "(A)  In   general.-Notwithstanding   the   termination   of
       production required under subsection (b)(2) and the restriction
       on use referred  to in subsection (a), the Administrator, after
       notice and opportunity for public comment, shall, to the extent
       such action is consistent with the Montreal Protocol, authorize
       the  production  and use  of  limited  quantities of  class  II
       substances  solely for  purposes of  use in medical  devices if
       such  authorization  is  determined  by  the  Commissioner,  in
       consultation with the Administrator, to be necessary for use in
       medical devices.
          "(B)  Cap  on  exception.-Under  no  circumstances  may  the
       authority set forth in subparagraph (A) be applied to authorize
       any person to produce a class II substance in annual quantities
       greater  than 10 percent of that produced by such person during
       the baseline year.
       "(2) Developing countries.-
          "(A)   In   general.-Notwithstanding   the   provisions   of
       subsection  (a) or  (b),  the Administrator,  after notice  and
       opportunity for public comment, may authorize the production of
       limited quantities of  a class  II substance in  excess of  the
       quantities otherwise permitted under such provisions solely for
       export to and use  in developing countries that are  Parties to
       the Montreal Protocol, as determined by the Administrator.  Any
       production authorized under this subsection shall be solely for
       purposes  of  satisfying  the  basic  domestic  needs  of  such
       countries.
          "(B) Cap  on exception.-(i)  Under no  circumstances may the
       authority set forth in subparagraph (A) be applied to authorize
       any  person to  produce  a  class  II  substance  in  any  year
       following the  effective date  of subsection (b)(1)  and before
       the  year 2030 in annual quantities greater than 110 percent of
       the quantity of such substance  produced by such person  during
       the baseline year.
          "(ii)  Under no circumstances may the authority set forth in
       subparagraph (A) be applied to  authorize any person to produce
       a class II substance in the  year 2030, or any year thereafter,
       in an annual quantity  greater than 15 percent of  the quantity
       of such substance  produced by such person during  the baseline
       year.
          "(iii) Each exception  authorized under this paragraph shall
       terminate no later than January 1, 2040.
"SEC. 606. ACCELERATED SCHEDULE.
    "(a) In  General.-The Administrator shall promulgate  regulations,
after notice  and opportunity  for public  comment, which  establish a
schedule for phasing out the production and consumption of class I and
class  II substances  (or use  of class  II substances)  that  is more
stringent than set forth in section 604 or 605, or both, if-
       "(1)  based on  an  assessment of  credible current  scientific
    information   (including  any   assessment  under   the   Montreal
    Protocol) regarding  harmful effects  on  the stratospheric  ozone
    layer  associated  with a  class  I  or  class  II substance,  the
    Administrator determines that such more stringent  schedule may be
    necessary  to protect  human health  and  the environment  against
    such effects,
       "(2)  based  on  the  availability of  substitutes  for  listed
    substances, the Administrator determines that  such more stringent
    schedule  is  practicable,  taking   into  account   technological
    achievability, safety, and other relevant factors, or
       "(3) the Montreal Protocol is modified to include a schedule to
    control  or  reduce   production,  consumption,  or  use   of  any
    substance more  rapidly than  the applicable  schedule under  this
    title.  In  making any determination under paragraphs (1) and (2),
    the  Administrator  shall  consider  the  status   of  the  period
    remaining under the applicable schedule under this title.
    "(b)  Petition.-Any  person  may  petition  the  Administrator  to
promulgate  regulations under  this section.  The  Administrator shall
grant or deny  the petition within 180 days after  receipt of any such
petition. If the Administrator  denies the petition, the Administrator
shall publish  an explanation of why  the petition was denied.  If the
Administrator grants  such petition,  such final regulations  shall be
promulgated within  1 year. Any  petition under this  subsection shall
include  a showing by the  petitioner that there  are data adequate to
support the petition. If the Administrator determines that information
is not sufficient to  make a determination under this  subsection, the
Administrator shall use any  authority available to the Administrator,
under  any law  administered  by the  Administrator,  to acquire  such
information.
"SEC. 607. EXCHANGE AUTHORITY.
    "(a) Transfers.-The  Administrator shall,  within 10 months  after
the  enactment of  the Clean  Air Act  Amendments of  1990, promulgate
rules  under this title providing  for the issuance  of allowances for
the production of  class I and  II substances  in accordance with  the
requirements  of  this  title  and  governing  the  transfer  of  such
allowances. Such rules  shall insure that  the transactions under  the
authority of this section  will result in greater total  reductions in
the production  in each year of  class I and class  II substances than
would occur in that year in the absence of such transactions.
    "(b)  Interpollutant Transfers.-(1)  The rules  under this section
shall permit a production allowance for a substance for any year to be
transferred  for a production allowance  for another substance for the
same year on an ozone depletion weighted basis.
    "(2)   Allowances  for  substances  in   each  group  of  class  I
substances (as listed pursuant to section 602) may only be transferred
for allowances for other substances in the same Group.
    "(3) The Administrator shall, as appropriate,  establish groups of
class  II  substances  for  trading  purposes   and  assign  class  II
substances  to  such  groups. In  the  case  of  class II  substances,
allowances may only be  transferred for allowances for other  class II
substances that are in the same Group.
    "(c)  Trades With  Other  Persons.-The  rules under  this  section
shall permit  2  or more  persons  to transfer  production  allowances
(including  interpollutant  transfers which  meet the  requirements of
subsections (a) and (b)) if the  transferor of such allowances will be
subject,  under  such  rules,   to  an  enforceable  and  quantifiable
reduction in annual production which-
       "(1)  exceeds   the  reduction  otherwise   applicable  to  the
    transferor under this itle,
       "(2) exceeds  the  production  allowances  transferred  to  the
    transferee, and
       "(3)   would  not  have   occurred  in  the   absence  of  such
    transaction.
    "(d) Consumption.-The rules under this section  shall also provide
for  the issuance  of consumption  allowances in  accordance with  the
requirements of this  title and for the trading of  such allowances in
the same manner as is applicable  under this section to the trading of
production allowances under this section.
"SEC. 608. NATIONAL RECYCLING AND EMISSION REDUCTION PROGRAM.
    "(a) In  General.-(1) The Administrator  shall, by not later  than
January  1, 1992,  promulgate regulations  establishing standards  and
requirements regarding  the use  and  disposal of  class I  substances
during the service, repair,  or disposal of appliances and  industrial
process  refrigeration. Such  standards and requirements  shall become
effective not later than July 1, 1992. 
    "(2) The  Administrator shall, within 4  years after the enactment
of  the  Clean Air  Act  Amendments  of  1990, promulgate  regulations
establishing standards and requirements  regarding use and disposal of
class I and II substances not covered by paragraph  (1), including the
use and disposal  of class  II substances during  service, repair,  or
disposal of appliances and industrial process refrigeration.  Such 
standards and requirements  shall become effective  not later than  12
months after promulgation of the regulations.
    "(3)   The  regulations  under   this  subsection   shall  include
requirements that-
       "(A)  reduce the  use and  emission of  such substances  to the
    lowest achievable level, and
       "(B) maximize  the recapture and recycling  of such substances.
    Such  regulations  may  include  requirements  to use  alternative
    substances (including  substances which are  not class I or  class
    II  substances)  or  to  minimize use  of  class  I  or  class  II
    substances, or to  promote the  use of safe  alternatives pursuant
    to section 612 or any combination of the foregoing.
    "(b) Safe  Disposal.-The  regulations under  subsection (a)  shall
establish  standards and requirements for the safe disposal of class I
and  II  substances.  Such  regulations  shall  include  each  of  the
following-
       "(1) Requirements that class I or class II substances contained
    in bulk  in appliances, machines or  other goods  shall be removed
    from  each such  appliance,  machine or  other  good prior  to the
    disposal of such items or their delivery for recycling.
       "(2)  Requirements that  any appliance,  machine or  other good
    containing a class  I or class II  substance in bulk shall  not be
    manufactured,  sold,  or distributed  in  interstate  commerce  or
    offered for sale or distribution in interstate commerce unless  it
    is equipped  with a  servicing  aperture or  an equally  effective
    design  feature  which  will  facilitate  the  recapture  of  such
    substance during service and repair or disposal of such item.
       "(3) Requirements that any product in which a class  I or class
    II substance  is  incorporated  so as  to  constitute an  inherent
    element of  such product shall  be disposed  of in  a manner  that
    reduces, to the  maximum extent practicable, the  release of  such
    substance  into the  environment. If  the Administrator determines
    that  the  application  of this  paragraph  to  any product  would
    result  in producing  only  insignificant  environmental benefits,
    the Administrator shall  include in such regulations  an exception
    for such product.
    "(c)  Prohibitions.-(1)  Effective  July  1,  1992,  it  shall  be
unlawful  for any  person,  in the  course of  maintaining, servicing,
repairing,  or  disposing  of   an  appliance  or  industrial  process
refrigeration,  to knowingly  vent or  otherwise knowingly  release or
dispose of any class I  or class II substance used as a refrigerant in
such appliance (or industrial process refrigeration) in a manner which
permits such  substance to enter the environment.  De minimis releases
associated with good faith attempts to recapture and recycle or safely
dispose of any such substance shall not be subject to  the prohibition
set forth in the preceding sentence.
    "(2) Effective 5 years  after the enactment of  the Clean Air  Act
Amendments of 1990,  paragraph (1)  shall also apply  to the  venting,
release, or disposal  of any  substitute substance  for a  class I  or
class II substance by any person maintaining, servicing, repairing, or
disposing of  an appliance  or industrial process  refrigeration which
contains  and uses  as a  refrigerant any  such substance,  unless the
Administrator determines that venting, releasing, or disposing of such
substance does not pose a threat to the environment. For purposes of 
this  paragraph,  the  term  `appliance'  includes  any  device  which
contains and uses as a refrigerant a substitute substance and which is
used  for   household  or  commercial  purposes,   including  any  air
conditioner, refrigerator, chiller, or freezer.
"SEC. 609. SERVICING OF MOTOR VEHICLE AIR CONDITIONERS.
    "(a)  Regulations.-Within 1 year after  the enactment of the Clean
Air  Act  Amendments  of  1990,  the  Administrator  shall  promulgate
regulations in accordance with this section establishing standards and
requirements   regarding   the   servicing  of   motor   vehicle   air
conditioners.
    "(b) Definitions.-As used in this section-
       "(1)  The  term `refrigerant'  means any  class  I or  class II
    substance used  in a motor  vehicle air  conditioner. Effective  5
    years  after the  enactment  of the  Clean  Air Act  Amendments of
    1990, the  term   `refrigerant' shall also  include any substitute
    substance.
       "(2)(A)  The term  `approved  refrigerant recycling  equipment'
    means equipment certified by the Administrator  (or an independent
    standards  testing organization approved by  the Administrator) to
    meet  the   standards   established  by   the  Administrator   and
    applicable  to equipment  for the  extraction  and reclamation  of
    refrigerant from motor  vehicle air  conditioners. Such  standards
    shall, at a minimum, be at least as stringent  as the standards of
    the Society  of Automotive Engineers in  effect as of  the date of
    the  enactment  of  the  Clean  Air  Act  Amendments  of  1990 and
    applicable to such equipment (SAE standard J-1990). 
       "(B)  Equipment purchased  before the  proposal of  regulations
    under  this  section  shall  be  considered  certified  if  it  is
    substantially identical  to  equipment  certified as  provided  in
    subparagraph (A).
       "(3) The term  `properly using' means, with respect to approved
    refrigerant   recycling  equipment,   using  such   equipment   in
    conformity  with standards  established by  the  Administrator and
    applicable to the  use of such equipment. Such standards shall, at
    a  minimum, be  at  least as  stringent  as the  standards of  the
    Society of Automotive Engineers  in effect as of  the date of  the
    enactment of the Clean Air  Act Amendments of 1990  and applicable
    to the use of such equipment (SAE standard J-1989).
       "(4) The  term `properly trained and  certified' means training
    and  certification  in  the proper  use  of  approved  refrigerant
    recycling  equipment   for  motor  vehicle   air  conditioners  in
    conformity  with standards  established by  the Administrator  and
    applicable to  the performance  of  service on  motor vehicle  air
    conditioners. Such standards shall, at  a minimum, be at  least as
    stringent  as specified, as  of the  date of the  enactment of the
    Clean  Air Act  Amendments of 1990,  in SAE  standard J-1989 under
    the   certification  program   of  the   National   Institute  for
    Automotive Service  Excellence (ASE)  or under  a similar  program
    such as the training and  certification program of the  Mobile Air
    Conditioning Society (MACS).
    "(c) Servicing  Motor Vehicle  Air Conditioners.-Effective January
1,  1992,  no  person  repairing  or  servicing  motor  vehicles   for
consideration may perform any service on a motor vehicle air condi-
tioner  involving the  refrigerant  for such  air conditioner  without
properly using  approved refrigerant  recycling equipment and  no such
person may perform such  service unless such person has  been properly
trained and certified. The requirements of the previous sentence shall
not apply until January  1, 1993 in the case of  a person repairing or
servicing  motor  vehicles  for   consideration  at  an  entity  which
performed  service on  fewer than 100  motor vehicle  air conditioners
during calendar year 1990 and if such person so certifies, pursuant to
subsection (d)(2), to the Administrator by Janu- ary 1, 1992.
    "(d) Certification.-(1) Effective  2 years after the  enactment of
the Clean Air Act  Amendments of 1990, each person  performing service
on motor vehicle  air conditioners for consideration shall  certify to
the Administrator either-
       "(A)  that such  person has  acquired, and  is  properly using,
    approved  refrigerant  recycling  equipment  in  service on  motor
    vehicle  air  conditioners involving  refrigerant  and  that  each
    individual authorized  by such person to  perform such  service is
    properly trained and certified; or
       "(B) that such person  is performing such service at  an entity
    which serviced fewer  than 100  motor vehicle air  conditioners in
    1991.
    "(2) Effective January  1, 1993, each person  who certified  under
paragraph (1)(B) shall submit a certification under paragraph (1)(A).
    "(3) Each  certification under this  subsection shall contain  the
name  and address of the  person certifying under  this subsection and
the  serial number  of  each  unit  of  approved  recycling  equipment
acquired by  such person and shall be signed and attested by the owner
or another responsible officer.  Certifications under paragraph (1)(A)
may  be   made  by  submitting   the  required   information  to   the
Administrator on  a  standard form  provided  by the  manufacturer  of
certified refrigerant recycling equipment.
    "(e)    Small   Containers    of    Class    I   or    Class    II
Substances.-Effective 2 years after  the date of the enactment  of the
Clean Air Act Amendments of 1990, it shall be unlawful  for any person
to  sell  or  distribute,  or  offer  for  sale  or  distribution,  in
interstate  commerce to  any person  (other than  a person  performing
service for consideration on motor vehicle air-conditioning systems in
compliance with this section)  any class I or class II  substance that
is   suitable  for   use  as   a  refrigerant   in  a   motor  vehicle
air-conditioning system and that is in a container which contains less
than 20 pounds of such refrigerant.
"SEC. 610. NONESSENTIAL PRODUCTS CONTAINING CHLOROFLUOROCARBONS.
    "(a)  Regulations.-The Administrator  shall promulgate regulations
to carry out the requirements of  this section within 1 year after the
enactment of the Clean Air Act Amendments of 1990.
    "(b)  Nonessential Products.-The  regulations  under  this section
shall identify  nonessential products that release  class I substances
into   the  environment  (including   any  release   occurring  during
manufacture,  use, storage, or disposal)  and prohibit any person from
selling or distributing any such product, or offering any such product
for sale or distribution,  in interstate commerce. At a  minimum, such
prohibition shall apply to-
       "(1) chlorofluorocarbon-propelled plastic  party streamers  and
    noise horns,
       "(2)   chlorofluorocarbon-containing    cleaning   fluids   for
    noncommercial electronic and photographic equipment, and
       "(3)  other  consumer  products  that  are  determined  by  the
    Administrator-
          "(A)  to release  class  I substances  into  the environment
       (including  any  release  occurring  during  manufacture,  use,
       storage, or disposal), and
          "(B) to be  nonessential.  In determining  whether a product
       is nonessential, the  Administrator shall consider the  purpose
       or intended use of  the product, the technological availability
       of substitutes for such product and for such class I substance,
       safety, health, and other relevant factors.
    "(c) Effective  Date.-Effective 24 months  after the enactment  of
the Clean Air  Act Amendments of  1990, it shall  be unlawful for  any
person to  sell or distribute,  or offer for sale  or distribution, in
interstate  commerce  any nonessential  product  to  which regulations
under subsection (a) implementing subsection (b) are applicable.
    "(d) Other Products.-(1)  Effective January  1, 1994, it  shall be
unlawful for  any person to sell  or distribute, or offer  for sale or
distribution, in interstate commerce-
       "(A) any  aerosol product or other  pressurized dispenser which
    contains a class II substance; or
       "(B)   any  plastic   foam  product   which  contains,   or  is
    manufactured with, a class II substance.
    "(2) The Administrator is authorized to grant  exceptions from the
prohibition under subparagraph (A) of paragraph (1) where-
       "(A) the use of the aerosol product or pressurized dispenser is
    determined  by the  Administrator to be  essential as  a result of
    flammability or worker safety concerns, and
       "(B)  the only  available  alternative to  use  of a  class  II
    substance is  use of  a class I  substance which legally  could be
    substituted for such class II substance.
    "(3) Subparagraph (B) of paragraph (1) shall not apply to-
       "(A) a foam insulation product, or
       "(B) an integral  skin, rigid, or  semi-rigid foam utilized  to
    provide  for motor vehicle safety in accordance with Federal Motor
    Vehicle  Safety Standards  where no  adequate substitute substance
    (other  than a class I  or class II  substance) is practicable for
    effectively meeting such Standards.
    "(e)  Medical Devices.-Nothing in this  section shall apply to any
medical device as defined in section 601(8).
"SEC. 611. LABELING.
    "(a)  Regulations.-The Administrator  shall promulgate regulations
to  implement  the labeling  requirements  of this  section  within 18
months after enactment  of the Clean Air Act Amendments of 1990, after
notice and opportunity for public comment.
    "(b)  Containers Containing  Class I  or Class  II  Substances and
Products Containing Class I  Substances.-Effective 30 months after the
enactment  of the Clean  Air Act Amendments  of 1990, no  container in
which a class I or class II substance is stored or transported, and no
product containing a class I substance, shall 
be  introduced  into interstate  commerce  unless it  bears  a clearly
legible and conspicuous label stating:
       " `Warning:  Contains [insert  name of substance],  a substance
    which  harms public health and environment  by destroying ozone in
    the upper atmosphere'. 
    "(c) Products Containing Class II Substances.-(1)  After 30 months
after  the enactment  of the  Clean  Air Act  Amendments of  1990, and
before January 1,  2015, no  product containing a  class II  substance
shall be introduced into interstate commerce unless it bears the label
referred to in subsection  (b) if the Administrator  determines, after
notice  and opportunity for public comment,  that there are substitute
products or manufacturing processes (A) that do not rely on the use of
such class  II substance, (B)  that reduce the  overall risk to  human
health  and the environment, and (C) that are currently or potentially
available.
    "(2) Effective  January 1,  2015, the  requirements of  subsection
(b) shall apply to all products containing a class II substance.
    "(d)   Products  Manufactured   With   Class   I  and   Class   II
Substances.-(1) In the case of  a class II substance, after  30 months
after  the enactment  of the  Clean Air  Act Amendments  of  1990, and
before January  1,  2015,  if  the  Administrator,  after  notice  and
opportunity for public comment, makes the determination referred to in
subsection (c) with respect  to a product manufactured with  a process
that uses such class II substance, no such product shall be introduced
into  interstate  commerce  unless  it  bears  a  clearly  legible and
conspicuous label stating:
       "  `Warning: Manufactured  with [insert  name of  substance], a
    substance which harms public health and  environment by destroying
    ozone in the upper atmosphere'
    "(2)  In the  case of  a class  I  substance, effective  30 months
after  the enactment  of the  Clean Air  Act Amendments  of  1990, and
before January 1,  2015, the labeling requirements  of this subsection
shall apply to all products manufactured with a process that uses such
class I  substance unless the Administrator determines  that there are
no substitute products or manufacturing processes that (A) do not rely
on the use of  such class I substance, (B) reduce  the overall risk to
human health and the environment, and (C) are currently or potentially
available.
    "(e) Petitions.-(1)  Any person may, at  any time  after 18 months
after the enactment of the Clean Air Act Amendments of 1990,  petition
the  Administrator  to apply  the requirements  of  this section  to a
product containing a class II substance or a product manufactured with
a  class I  or II  substance which  is not  otherwise subject  to such
requirements.  Within  180 days  after  receiving  such petition,  the
Administrator shall, pursuant to the  criteria set forth in subsection
(c),  either propose to apply the requirements of this section to such
product  or  publish an  explanation of  the  petition denial.  If the
Administrator proposes to apply such requirements to such product, the
Administrator shall, by rule, render a final determination pursuant to
such criteria within 1 year after receiving such petition.
    "(2) Any petition under this  paragaph shall include a  showing by
the petitioner  that there are data on the product adequate to support
the petition.
    "(3)  If the  Administrator  determines  that information  on  the
product  is not  sufficient  to make  the  required determination  the
Administrator shall  use any authority available  to the Administrator
under any  law  administered  by the  Administrator  to  acquire  such
information.
    "(4)  In the  case of a  product determined  by the Administrator,
upon petition or  on the Administrator's own motion,  to be subject to
the requirements of this section, the Administrator shall establish an
effective  date for such requirements.  The effective date  shall be 1
year after such determination or 30  months after the enactment of the
Clean Air Act Amendments of 1990, whichever is later.
    "(5) Effective January  1, 2015, the labeling requirements of this
subsection shall  apply to  all products  manufactured with a  process
that uses a class I or class II substance.
    "(f) Relationship to  Other Law.-(1) The labeling  requirements of
this section shall  not constitute,  in whole  or part,  a defense  to
liability or  a cause for  reduction in damages  in any  suit, whether
civil  or criminal, brought under  any law, whether  Federal or State,
other than a suit for failure to comply with the labeling requirements
of this section.
    "(2) No  other approval of such  label by  the Administrator under
any other law administered by the Administrator shall be required with
respect to the labeling requirements of this section.
"SEC. 612. SAFE ALTERNATIVES POLICY.
    "(a) Policy.-To  the maximum extent practicable, class I and class
II substances  shall be replaced by chemicals, product substitutes, or
alternative manufacturing processes that reduce overall risks to human
health and the environment.
    "(b) Reviews and Reports.-The Administrator shall-
       "(1) in  consultation and coordination with  interested members
    of  the public  and  the heads  of  relevant Federal  agencies and
    departments,  recommend   Federal  research  programs  and   other
    activities to  assist in  identifying alternatives  to the use  of
    class I and class  II substances  as refrigerants, solvents,  fire
    retardants,   foam   blowing   agents,   and    other   commercial
    applications and in  achieving a transition to  such alternatives,
    and,  where  appropriate, seek  to  maximize  the use  of  Federal
    research facilities and resources to  assist users of class  I and
    class II substances in identifying and  developing alternatives to
    the  use  of  such  substances  as  refrigerants,  solvents,  fire
    retardants,   foam   blowing   agents,   and    other   commercial
    applications;
       "(2)  examine   in  consultation  and   coordination  with  the
    Secretary  of Defense  and the  heads  of  other relevant  Federal
    agencies   and   departments,   including  the   General  Services
    Administration, Federal  procurement  practices  with  respect  to
    class I and  class II substances and recommend measures to promote
    the  transition by  the Federal  Government,  as expeditiously  as
    possible, to the use of safe substitutes;
       "(3)     specify     initiatives,     including     appropriate
    intergovernmental,  international, and  commercial information and
    technology transfers, to  promote the development and  use of safe
    substitutes  for  class  I  and  class  II  substances,  including
    alternative 
    chemicals,  product  substitutes,  and  alternative  manufacturing
    processes; and
       "(4)  maintain a public clearinghouse of alternative chemicals,
    product substitutes, and  alternative manufacturing processes that
    are available for  products and manufacturing processes  which use
    class I and class II substances.
    "(c) Alternatives  for Class I or  II Substances.-Within   2 years
after  enactment  of  the  Clean  Air  Act  Amendments  of  1990,  the
Administrator shall promulgate rules under this section providing that
it shall be unlawful to replace any class I or class II substance with
any  substitute  substance  which  the  Administrator  determines  may
present  adverse effects to human health or the environment, where the
Administrator has identified an alternative to such replacement that-
       "(1)  reduces  the  overall  risk   to  human  health  and  the
    environment; and
       "(2) is currently or  potentially available.  The Administrator
    shall publish a  list of (A) the substitutes prohibited under this
    subsection  for  specific  uses  and  (B)  the  safe  alternatives
    identified under this subsection for specific uses.
    "(d) Right To Petition.-Any person may  petition the Administrator
to add a substance to  the lists under subsection  (c) or to remove  a
substance  from either of such lists. The Administrator shall grant or
deny the  petition within 90 days after  receipt of any such petition.
If  the Administrator  denies  the petition,  the Administrator  shall
publish  an explanation  of  why  the  petition  was  denied.  If  the
Administrator  grants such  petition the  Administrator  shall publish
such  revised list within 6 months thereafter. Any petition under this
subsection  shall include a showing  by the petitioner  that there are
data  on  the  substance adequate  to  support  the  petition. If  the
Administrator  determines that  information  on the  substance is  not
sufficient  to  make  a   determination  under  this  subsection,  the
Administrator shall use any  authority available to the Administrator,
under any  law  administered by  the  Administrator, to  acquire  such
information.
    "(e)  Studies and  Notification.-The Administrator  shall  require
any person who  produces a chemical substitute for a class I substance
to provide the Administrator with such person's unpublished health and
safety  studies on such substitute and require producers to notify the
Administrator not less than  90 days before new or  existing chemicals
are introduced into  interstate commerce for  significant new uses  as
substitutes  for a class I substance. This subsection shall be subject
to section 114(c).
"SEC. 613. FEDERAL PROCUREMENT.
    "Not later  than 18  months after the  enactment of the  Clean Air
Act Amendments  of 1990, the  Administrator, in consultation  with the
Administrator of the General Services Administration and the Secretary
of Defense,  shall promulgate  regulations requiring each  department,
agency,  and  instrumentality of  the  United  States  to conform  its
procurement regulations to the policies and requirements of this title
and to maximize the substitution of safe alternatives identified under
section  612 for class  I and class  II substances. Not  later than 30
months after the enactment of the Clean Air Act 
Amendments of  1990, each  department, agency, and  instrumentality of
the United  States shall so  conform its  procurement regulations  and
certify  to the President that  its regulations have  been modified in
accordance with this section.
"SEC. 614. RELATIONSHIP TO OTHER LAWS.
    "(a) State  Laws.-Notwithstanding section  116, during  the 2-year
period beginning on  the enactment of the Clean  Air Act Amendments of
1990,  no State  or  local  government  may  enforce  any  requirement
concerning the design of any new or recalled appliance for the purpose
of protecting the stratospheric ozone layer.
    "(b) Montreal Protocol.-This title as  added by the Clean  Air Act
Amendments of 1990 shall  be construed, interpreted, and applied  as a
supplement  to the terms and  conditions of the  Montreal Protocol, as
provided  in Article  2,  paragraph  11  thereof,  and  shall  not  be
construed, interpreted, or applied to abrogate the responsibilities or
obligations  of the United States to implement fully the provisions of
the Montreal Protocol. In  the case of conflict between  any provision
of  this title and  any provision of  the Montreal Protocol,  the more
stringent  provision  shall govern.  Nothing  in this  title  shall be
construed,  interpreted,  or  applied   to  affect  the  authority  or
responsibility  of the  Administrator to  implement  Article 4  of the
Montreal Protocol with other appropriate agencies.
    "(c) Technology Export and Overseas  Investment.-Upon enactment of
this title, the President shall-
       "(1) prohibit  the  export of  technologies used  to produce  a
    class I substance;
       "(2) prohibit direct  or indirect investments by  any person in
    facilities designed to produce a class I or class II substance  in
    nations that are not parties to the Montreal Protocol; and
       "(3)  direct that no agency of the government provide bilateral
    or   multilateral  subsidies,   aids,   credits,   guarantees,  or
    insurance  programs, for  the  purpose of  producing any  class  I
    substance.
"SEC. 615. AUTHORITY OF ADMINISTRATOR.
    "If,  in the  Administrator's judgment,  any substance,  practice,
process,  or activity  may  reasonably be  anticipated  to affect  the
stratosphere, especially  ozone in  the stratosphere, and  such effect
may reasonably  be anticipated to  endanger public health  or welfare,
the Administrator shall promptly promulgate regulations respecting the
control  of such substance, practice,  process, or activity, and shall
submit notice of the  proposal and promulgation of such  regulation to
the Congress.
"SEC. 616. TRANSFERS AMONG PARTIES TO MONTREAL PROTOCOL.
    "(a)  In  General.-Consistent  with  the  Montreal  Protocol,  the
United  States may  engage  in transfers  with  other Parties  to  the
Protocol under the following conditions:
       "(1) The  United States  may transfer production  allowances to
    another Party if,  at the time of such transfer, the Administrator
    establishes revised production  limits for the United  States such
    that  the aggregate  national  United States  production permitted
    under the revised production limits  equals the lesser of  (A) the
    maximum  production   level  permitted   for   the  substance   or
    substances  concerned in  the  transfer  year under  the  Protocol
    minus 
    the  production allowances transferred, (B) the maximum production
    level permitted  for the substance or  substances concerned in the
    transfer year under  applicable domestic law minus  the production
    allowances transferred, or (C) the  average of the actual national
    production level of the substance or substances  concerned for the
    3 years  prior  to the  transfer minus  the production  allowances
    transferred.
       "(2) The  United States may acquire  production allowances from
    another Party if,  at the time of such transfer, the Administrator
    finds  that the  other Party  has revised its  domestic production
    limits in  the same manner as  provided with  respect to transfers
    by the United States in subsection (a).
    "(b) Effect  of Transfers on  Production Limits.-The Administrator
is authorized to  reduce the production limits  established under this
Act as required as a prerequisite  to transfers under paragraph (1) of
subsection (a) or to increase production limits established under this
Act to reflect production  allowances acquired under a transfer  under
paragraph (2) of subsection (a).
    "(c)  Regulations.-The Administrator  shall  promulgate,  within 2
years after the  date of enactment of the Clean  Air Act Amendments of
1990, regulations to implement this section.
    "(d)  Definition.-In  the  case of  the  United  States,  the term
`applicable domestic law' means this Act.
"SEC. 617. INTERNATIONAL COOPERATION.
    "(a)  In General.-The  President  shall  undertake to  enter  into
international   agreements  to   foster  cooperative   research  which
complements  studies and  research authorized  by this  title, and  to
develop  standards  and  regulations which  protect  the  stratosphere
consistent with  regulations applicable within the  United States. For
these  purposes the President through  the Secretary of  State and the
Assistant  Secretary   of   State   for   Oceans   and   International
Environmental  and Scientific  Affairs,  shall negotiate  multilateral
treaties,  conventions,   resolutions,   or  other   agreements,   and
formulate,  present, or  support proposals at  the United  Nations and
other  appropriate  international  forums  and  shall  report  to  the
Congress periodically on efforts to arrive at such agreements.
    "(b)  Assistance to  Developing  Countries.-The  Administrator, in
consultation  with  the  Secretary  of  State,  shall  support  global
participation  in the  Montreal  Protocol by  providing technical  and
financial  assistance to developing countries  that are Parties to the
Montreal Protocol and operating under article 5 of the Protocol. There
are authorized to be  appropriated not more than $30,000,000  to carry
out this  section in fiscal years 1991, 1992 and 1993 and such sums as
may be  necessary in fiscal  years 1994 and  1995. If China  and India
become  Parties to the Montreal  Protocol, there are  authorized to be
appropriated not more than an additional $30,000,000 to carry out this
section in fiscal years 1991, 1992, and 1993.
"SEC. 618. MISCELLANEOUS PROVISIONS.
    "For purposes  of section 116,  requirements concerning the  areas
addressed by this title for the protection of the stratosphere against
ozone layer depletion shall be treated as requirements for the control
and abatement of air pollution. For purposes of section 118, the re-
quirements  of this  title  and corresponding  State, interstate,  and
local  requirements,   administrative  authority,  and   process,  and
sanctions respecting  the protection of the  stratospheric ozone layer
shall be treated as requirements for  the control and abatement of air
pollution within the meaning of section 118.".
SEC. 603. METHANE STUDIES.
    (a) Economically Justified  Actions.-Not later than 2  years after
enactment  of this Act, the  Administrator shall prepare  and submit a
report  to  the  Congress   that  identifies  activities,  substances,
processes, or combinations thereof that could reduce methane emissions
and  that  are economically  and  technologically  justified with  and
without consideration of environmental benefit.
    (b) Domestic Methane Source Inventory and  Control.-Not later than
2  years  after  the enactment  of  this  Act,  the Administrator,  in
consultation  and coordination with  the Secretary  of Energy  and the
Secretary  of Agriculture,  shall prepare and  submit to  the Congress
reports on each of the following:
       (1) Methane emissions  associated with natural gas  extraction,
    transportation, distribution, storage,  and use. Such report shall
    include an  inventory of  methane emissions  associated with  such
    activities within the  United States. Such emissions  include, but
    are  not limited  to,  accidental  and intentional  releases  from
    natural gas and  oil wells, pipelines, processing  facilities, and
    gas  burners.  The  report  shall  also include  an  inventory  of
    methane generation with such activities.
       (2)   Methane  emissions   associated  with   coal  extraction,
    transportation, distribution, storage, and use. Such report  shall
    include an  inventory of  methane emissions  associated with  such
    activities within the  United States. Such emissions  include, but
    are  not limited  to,  accidental  and intentional  releases  from
    mining  shafts,  degasification  wells,  gas  recovery  wells  and
    equipment,  and from  the processing and  use of  coal. The report
    shall also  include an  inventory of methane  generation with such
    activities.
       (3)  Methane  emissions  associated with  management  of  solid
    waste.  Such  report   shall  include  an  inventory   of  methane
    emissions  associated with  all forms  of waste management  in the
    United States, including storage, treatment, and disposal.
       (4) Methane emissions associated with  agriculture. Such report
    shall include  an inventory of  methane emissions associated  with
    rice and livestock production in the United States.
       (5)  Methane emissions  associated with  biomass  burning. Such
    report shall include an inventory of  methane emissions associated
    with  the  intentional  burning  of   agricultural  wastes,  wood,
    grasslands, and forests.
       (6) Other methane  emissions associated with human  activities.
    Such report  shall identify and  inventory other domestic  sources
    of  methane emissions  that are  deemed  by the  Administrator and
    other such agencies to be significant.
    (c) International Studies.-
       (1)  Methane  emissions.-Not  later  than  2  years  after  the
    enactment of  this Act, the Administrator shall prepare and submit
    to the Congress a report on methane emissions from 
    countries other than the United States. Such report  shall include
    inventories of  methane emissions  associated with the  activities
    listed in subsection (b).
       (2) Preventing increases  in methane concentrations.-Not  later
    than 2  years after the enactment  of this  Act, the Administrator
    shall prepare  and submit to the  Congress a  report that analyzes
    the   potential  for   preventing  an   increase  in   atmospheric
    concentrations of  methane from  activities and  sources in  other
    countries. Such report  shall identify and evaluate  the technical
    options for reducing methane emission from each of  the activities
    listed in subsection (b), as  well as other activities  or sources
    that  are deemed by the  Administrator in  consultation with other
    relevant Federal  agencies and departments  to be significant  and
    shall include  an evaluation of  costs. The report shall  identify
    the  emissions  reductions  that  would  need to  be  achieved  to
    prevent increasing  atmospheric  concentrations  of  methane.  The
    report  shall  also  identify  technology  transfer  programs that
    could  promote  methane emissions  reductions in  lesser developed
    countries.
    (d) Natural Sources.-Not  later than  2 years after  the enactment
of  this  Act,  the Administrator  shall  prepare  and  submit to  the
Congress a report on-
       (1)  methane  emissions  from  biogenic  sources  such  as  (A)
    tropical, temperate,  and subarctic forests,  (B) tundra, and  (C)
    freshwater and saltwater wetlands; and
       (2) the changes in methane emissions from biogenic sources that
    may occur as a result  of potential increases in  temperatures and
    atmospheric concentrations of carbon dioxide.
    (e)   Study   of    Measures   To   Limit   Growth    in   Methane
Concentrations.-Not later  than 2  years after the  completion of  the
studies  in subsections  (b), (c),  and (d),  the  Administrator shall
prepare  and submit  to the  Congress a  report that  presents options
outlining measures that  could be  implemented to stop  or reduce  the
growth in  atmospheric concentrations  of methane from  sources within
the  United  States  referred to  in  paragraphs  (1)  through (6)  of
subsection (b). This  study shall identify and  evaluate the technical
options for reducing  methane emissions  from each  of the  activities
listed  in  subsection (b),  as well  as  other activities  or sources
deemed  by such  agencies  to be  significant,  and shall  include  an
evaluation of  costs, technology,  safety, energy, and  other factors.
The study shall be based on  the other studies under this section. The
study  shall  also  identify  programs   of  the  United  States   and
international  lending agencies  that could be  used to  induce lesser
developed  countries to  undertake measures  that will  reduce methane
emissions and the resource needs of such programs.
    (f) Information Gathering.-In carrying out the  studies under this
section, the provisions and  requirements of section 114 of  the Clean
Air  Act shall be available  for purposes of  obtaining information to
carry out such studies.
    (g)  Consultation and Coordination.-In preparing the studies under
this section the Administrator shall  consult and coordinate with  the
Secretary of  Energy, the  Administrators of the  National Aeronautics
and  Space Administration  and  the National  Oceanic and  Atmospheric
Administration, and the heads of other relevant 
Federal agencies and  departments. In  the case of  the studies  under
subsections  (a), (b),  and  (e), such  consultation and  coordination
shall include the Secretary of Agriculture.  

            TITLE VII-PROVISIONS RELATING TO ENFORCEMENT  
Sec. 701. Section 113 enforcement.
Sec. 702. Compliance certification.
Sec. 703. Administrative enforcement subpoenas.  
Sec. 704. Emergency orders.  
Sec. 705. Contractor listings.  
Sec. 706. Judicial review pending reconsideration of regulation.  
Sec. 707. Citizen suits.  
Sec. 708. Enhanced implementation and enforcement of new source review
          requirements.  
Sec. 709. Movable stationary sources.  
Sec. 710. Enforcement of new titles of the Act.  
Sec. 711. Savings provisions and effective dates.

Sec. 701. SECTION 113 ENFORCEMENT.
     Section 113 of the Clean Air Act is amended to read as follows:
"SEC. 113. FEDERAL ENFORCEMENT.
    "(a) In General.-
       "(1)  Order to comply with  sip.-Whenever, on the  basis of any
    information  available  to  the  Administrator, the  Administrator
    finds that  any person  has violated  or is  in  violation of  any
    requirement or  prohibition of an  applicable implementation  plan
    or  permit, the  Administrator  shall notify  the person  and  the
    State  in which  the  plan applies  of such  finding. At  any time
    after the expiration of  30 days following the date  on which such
    notice  of a violation is  issued, the  Administrator may, without
    regard to  the period  of violation  (subject to  section 2462  of
    title 28 of the United States Code)-
          "(A) issue an order requiring such person to comply with the
       requirements or prohibitions of such plan or permit,
          "(B)  issue an  administrative  penalty order  in accordance
       with subsection (d), or
          "(C) bring a civil action in accordance with subsection (b).
       "(2) State failure to  enforce sip or permit program.-Whenever,
    on the basis of information  available to  the  Administrator, the
    Administrator   finds   that   violations    of   an    applicable
    implementation plan  or an approved  permit program under title  V
    are  so widespread  that such violations  appear to  result from a
    failure of the State  in which the plan or permit  program applies
    to  enforce   the  plan   or  permit   program  effectively,   the
    Administrator shall so  notify the State. In the  case of a permit
    program, the notice shall be  made in accordance with title  V. If
    the Administrator  finds such failure extends  beyond the 30th day
    after such notice  (90 days in the  case of such permit  program),
    the  Administrator  shall  give public  notice  of  such  finding.
    During the  period beginning  with such public  notice and  ending
    when  such State satisfies the  Administrator that it will enforce
    such  plan  or  permit  program  (hereafter  referred  to in  this
    section as `period of federally assumed enforcement'), the 
    Administrator may enforce  any requirement or prohibition  of such
    plan or permit program with respect to any person by-
          "(A) issuing  an order requiring such person  to comply with
       such requirement or prohibition,
          "(B) issuing an  administrative penalty order in  accordance
       with subsection (d), or
          "(C) bringing  a civil action  in accordance with subsection
       (b).
       "(3)  EPA  enforcement  of  other  requirements.-Except  for  a
    requirement  or  prohibition  enforceable   under  the   preceding
    provisions of  this  subsection,  whenever, on  the  basis of  any
    information  available  to  the  Administrator, the  Administrator
    finds that any  person has violated,  or is  in violation of,  any
    other requirement  or prohibition  of this title,  section 303  of
    title III,  title IV,  title V,  or title VI,  including, but  not
    limited to,  a  requirement  or  prohibition of  any  rule,  plan,
    order, waiver,  or permit promulgated,  issued, or approved  under
    those provisions or titles, or  for the payment of any fee owed to
    the United  States  under this  Act  (other  than title  II),  the
    Administrator may-
          "(A)  issue an  administrative  penalty order  in accordance
       with subsection (d),
          "(B) issue  an order  requiring such  person to  comply with
       such requirement or prohibition,
          "(C) bring a civil action in accordance with  subsection (b)
       or section 305, or
          "(D)  request the  Attorney General  to commence  a criminal
       action in accordance with subsection (c).
       "(4)  Requirements  for  orders.-An  order  issued  under  this
    subsection  (other  than  an  order  relating  to  a  violation of
    section  112) shall not take effect until the person to whom it is
    issued has  had an  opportunity to confer  with the  Administrator
    concerning  the  alleged  violation. A  copy  of any  order issued
    under  this subsection  shall be sent  to the  State air pollution
    control  agency of  any State in  which the  violation occurs. Any
    order issued  under this  subsection shall  state with  reasonable
    specificity  the nature  of the violation  and specify  a time for
    compliance  which  the  Administrator  determines  is  reasonable,
    taking into account  the seriousness of the violation and any good
    faith efforts to comply with  applicable requirements. In any case
    in which an order under this  subsection (or notice to a  violator
    under  paragraph (1)) is issued  to a corporation, a  copy of such
    order  (or  notice)  shall  be  issued  to  appropriate  corporate
    officers. An order issued  under this subsection shall require the
    person  to whom it  was issued  to comply with  the requirement as
    expeditiously  as  practicable, but  in no  event longer  than one
    year  after  the  date  the   order  was  issued,  and   shall  be
    nonrenewable. No order issued under this  subsection shall prevent
    the State or  the Administrator from assessing  any penalties  nor
    otherwise  affect  or  limit the  State's  or  the  United  States
    authority  to  enforce  under other  provisions  of this  Act, nor
    affect any  person's obligations  to  comply with  any section  of
    this Act or with  a term or condition of any permit  or applicable
    implementation plan promulgated or approved under this Act.
       "(5) Failure to comply with new source  requirements.-Whenever,
    on  the basis  of  any  available information,  the  Administrator
    finds  that  a   State  is  not  acting  in  compliance  with  any
    requirement   or  prohibition   of  the   Act   relating  to   the
    construction  of  new  sources or  the  modification  of  existing
    sources, the Administrator may-
          "(A)  issue   an  order  prohibiting   the  construction  or
       modification of  any major  stationary  source in  any area  to
       which such requirement applies;
          "(B)  issue an  administrative penalty  order in  accordance
       with subsection (d), or
          "(C) bring a civil action under subsection (b).  Nothing  in
       this   subsection  shall  preclude   the  United   States  from
       commencing a criminal  action under section 113(c)  at any time
       for any such violation.
    "(b)  Civil  Judicial  Enforcement.-The  Administrator  shall,  as
appropriate, in the  case of any person that is  the owner or operator
of  an  affected  source,  a  major  emitting  facility,  or  a  major
stationary source,  and may, in the case of any other person, commence
a  civil action for a permanent or  temporary injunction, or to assess
and recover a civil penalty of not more than  $25,000 per day for each
violation, or both, in any of the following instances:
       "(1)  Whenever such person has violated, or is in violation of,
    any requirement  or prohibition  of  an applicable  implementation
    plan  or permit.  Such an action shall be commenced (A) during any
    period of federally  assumed enforcement, or (B) more than 30 days
    following  the  date  of  the Administrator's  notification  under
    subsection  (a)(1)  that  such  person  has  violated,  or  is  in
    violation of, such requirement or prohibition.
       "(2)  Whenever such person has violated, or is in violation of,
    any other requirement  or prohibition of this  title, section  303
    of title III, title  IV, title V, or title VI, including,  but not
    limited  to,  a  requirement or  prohibition  of any  rule, order,
    waiver or  permit promulgated, issued, or approved under this Act,
    or for the  payment of any fee  owed the United States  under this
    Act (other than title II).
       "(3) Whenever such  person attempts  to construct  or modify  a
    major stationary  source  in any  area  with  respect to  which  a
    finding under subsection (a)(5) has  been made.  Any  action under
    this subsection  may  be brought  in  the  district court  of  the
    United States for the district  in which the violation  is alleged
    to  have occurred,  or  is occurring,  or  in which  the defendant
    resides, or where  the defendant's principal place  of business is
    located, and such court shall  have jurisdiction to restrain  such
    violation, to  require compliance, to  assess such civil  penalty,
    to collect any fees owed  the United States under this  Act (other
    than title  II) and  any noncompliance  assessment and  nonpayment
    penalty   owed  under  section  120,   and  to   award  any  other
    appropriate  relief. Notice  of the  commencement  of such  action
    shall  be given  to the  appropriate State  air pollution  control
    agency.  In the  case of any  action brought  by the Administrator
    under this  subsection, the  court may  award costs  of litigation
    (including reasonable  attorney and  expert witness  fees) to  the
    party  or parties  against  whom such  action  was brought  if the
    court finds that such action was unreasonable.
    "(c)  Criminal Penalties.-(1)  Any  person who  knowingly violates
any requirement  or prohibition  of an applicable  implementation plan
(during  any period of federally  assumed enforcement or  more than 30
days  after  having been  notified  under  subsection  (a)(1)  by  the
Administrator  that  such  person  is violating  such  requirement  or
prohibition),  any  order  under   subsection  (a)  of  this  section,
requirement or  prohibition of section 111(e) of  this title (relating
to  new source  performance  standards), section  112  of this  title,
section 114 of this title (relating to inspections, etc.), section 129
of  this title (relating to solid waste combustion), section 165(a) of
this title (relating to  preconstruction requirements), an order under
section 167 of this  title (relating to preconstruction requirements),
an  order  under  section 303  of  title  III  (relating to  emergency
orders), section 502(a) or 503(c) of title V (relating to permits), or
any  requirement  or  prohibition  of  title  IV   (relating  to  acid
deposition  control), or  title  VI (relating  to stratospheric  ozone
control),  including a  requirement  of any  rule,  order, waiver,  or
permit  promulgated or  approved under  such sections  or titles,  and
including any requirement for the  payment of any fee owed  the United
States under this Act (other than title II) shall, upon conviction, be
punished by a fine pursuant to title 18 of  the United States Code, or
by imprisonment for not to exceed 5 years, or both. If a conviction of
any person  under this paragraph is for  a violation committed after a
first conviction  of  such person  under this  paragraph, the  maximum
punishment  shall be  doubled  with  respect  to  both  the  fine  and
imprisonment.
    "(2) Any person who knowingly-
       "(A)  makes any  false material  statement,  representation, or
    certification  in,  or   omits  material   information  from,   or
    knowingly alters,  conceals, or  fails  to  file or  maintain  any
    notice,  application,  record,  report,  plan,  or  other document
    required  pursuant to  this Act to  be either  filed or maintained
    (whether  with  respect   to  the  requirements  imposed   by  the
    Administrator or by a State);
       "(B) fails to notify or report as required under this Act; or
       "(C) falsifies,  tampers with, renders inaccurate,  or fails to
    install any monitoring device or method required to  be maintained
    or followed  under this Act   shall, upon  conviction, be punished
    by a fine pursuant  to title 18 of the  United States Code, or  by
    imprisonment for not more  than 2 years, or both.  If a conviction
    of any  person under this paragraph  is for  a violation committed
    after  a first  conviction  of  such person  under this paragraph,
    the maximum punishment shall be  doubled with respect to  both the
    fine and imprisonment.
    "(3)  Any  person who  knowingly  fails to  pay any  fee  owed the
United States  under this title, title  III, IV, V, or  VI shall, upon
conviction, be punished  by a fine pursuant to title  18 of the United
States  Code, or by imprisonment for not more than 1 year, or both. If
a conviction of  any person under  this paragraph  is for a  violation
committed  after  a  first  conviction   of  such  person  under  this
paragraph,  the maximum punishment  shall be  doubled with  respect to
both the fine and imprisonment.
    "(4) Any person  who negligently releases into the ambient air any
hazardous air pollutant listed pursuant to  section 112 of this Act or
any extremely hazardous substance listed pursuant to section 
302(a)(2) of the Superfund Amendments and  Reauthorization Act of 1986
(42 U.S.C. 11002(a)(2)) that is not listed in section 112 of this Act,
and  who at  the time  negligently places  another person  in imminent
danger  of death or serious  bodily injury shall,  upon conviction, be
punished by  a fine under  title 18 of the  United States Code,  or by
imprisonment for not more than 1 year, or both. If a conviction of any
person under this paragraph is for a violation committed after a first
conviction of such person under this paragraph, the maximum punishment
shall be doubled with respect to both the fine and imprisonment.
    "(5)(A)  Any person  who knowingly  releases into the  ambient air
any hazardous air pollutant listed pursuant to section 112 of this Act
or  any  extremely  hazardous  substance listed  pursuant  to  section
302(a)(2) of the  Superfund Amendments and Reauthorization Act of 1986
(42 U.S.C. 11002(a)(2)) that is not listed in section 112 of this Act,
and  who knows at  the time that  he thereby places  another person in
imminent  danger  of  death  or  serious  bodily  injury  shall,  upon
conviction, be punished by a fine  under title 18 of the United States
Code,  or by  imprisonment of  not more  than 15  years, or  both. Any
person committing such violation which is  an organization shall, upon
conviction under this paragraph, be subject to a fine of not more than
$1,000,000 for each  violation. If  a conviction of  any person  under
this paragraph is for  a violation committed after a  first conviction
of such person under  this paragraph, the maximum punishment  shall be
doubled  with respect to both  the fine and  imprisonment. For any air
pollutant for which the Administrator has set an emissions standard or
for any source  for which a  permit has been issued  under title V,  a
release of such pollutant  in accordance with that standard  or permit
shall not constitute a violation of this paragraph or paragraph (4).
    "(B) In determining  whether a defendant who is an individual knew
that the violation placed  another person in imminent danger  of death
or serious bodily injury-
       "(i) the defendant is responsible  only for actual awareness or
    actual belief possessed; and
       "(ii) knowledge possessed by a person other than the defendant,
    but not by  the defendant, may not be attributed to the defendant;
    except  that  in  proving  a  defendant's   possession  of  actual
    knowledge,  circumstantial   evidence  may   be  used,   including
    evidence  that the defendant took affirmative steps to be shielded
    from relevant information.
    "(C) It  is  an affirmative  defense  to  a prosecution  that  the
conduct charged was freely  consented to by the person  endangered and
that  the  danger  and  conduct charged  were  reasonably  foreseeable
hazards of-
       "(i) an occupation, a business, or a profession; or
       "(ii)    medical   treatment    or   medical    or   scientific
    experimentation conducted by professionally  approved methods  and
    such other person had been  made aware of the risks involved prior
    to giving consent.   The  defendant may  establish an  affirmative
    defense  under  this  subparagraph  by  a   preponderance  of  the
    evidence.
    "(D)  All general  defenses,  affirmative  defenses, and  bars  to
prosecution  that may  apply  with respect  to other  Federal criminal
offenses  may apply under subparagraph (A) of this paragraph and shall
be determined  by the  courts of  the United  States according  to the
principles of  common law as they  may be interpreted in  the light of
reason and experience. Concepts of justification and excuse applicable
under  this  section  may be  developed  in the  light  of  reason and
experience.
    "(E) The  term `organization' means a  legal entity,  other than a
government, established or  organized for any  purpose, and such  term
includes a corporation, company, association, firm, partnership, joint
stock company, foundation, institution,  trust, society, union, or any
other association of persons.
    "(F) The  term `serious bodily  injury' means bodily injury  which
involves  a  substantial  risk  of  death,  unconsciousness,   extreme
physical pain, protracted and obvious disfigurement or protracted loss
or impairment  of the function  of a bodily  member, organ,  or mental
faculty.
    "(6)  For  the  purpose  of this  subsection,  the  term  `person'
includes, in addition to  the entities referred to in  section 302(e),
any responsible corporate officer.
    "(d)  Administrative  Assessment  of   Civil  Penalties.-(1)   The
Administrator  may issue  an administrative  order against  any person
assessing  a civil administrative penalty of up to $25,000, per day of
violation, whenever, on  the basis of  any available information,  the
Administrator finds that such person-
       "(A)  has   violated  or   is  violating  any   requirement  or
    prohibition  of  an applicable  implementation  plan  (such  order
    shall  be  issued  (i)  during  any  period of  federally  assumed
    enforcement, or (ii) more than  thirty days following the  date of
    the Administrator's notification under  subsection (a)(1) of  this
    section  of  a  finding  that  such  person  has  violated  or  is
    violating such requirement or prohibition); or
       "(B) has  violated  or is  violating any  other requirement  or
    prohibition  of title I,  III, IV,  V, or  VI, including,  but not
    limited  to, a  requirement  or prohibition  of any  rule,  order,
    waiver, permit,  or plan  promulgated, issued,  or approved  under
    this Act,  or for the  payment of any fee  owed the United  States
    under this Act (other than title II); or 
       "(C) attempts to  construct or modify a major stationary source
    in  any area  with  respect to  which  a finding  under subsection
    (a)(5)  of  this  section  has  been made.    The  Administrator's
    authority under this  paragraph shall be limited  to matters where
    the total  penalty sought does not  exceed $200,000  and the first
    alleged date  of violation occurred no  more than  12 months prior
    to the initiation of  the administrative action, except where  the
    Administrator and  the Attorney General  jointly determine that  a
    matter involving  a larger  penalty  amount  or longer  period  of
    violation is  appropriate for  administrative penalty action.  Any
    such determination by  the Administrator and the  Attorney General
    shall not be subject to judicial review.
       "(2)(A)  An administrative penalty assessed under paragraph (1)
    shall be  assessed by  the Administrator  by an  order made  after
    opportunity  for  a  hearing on  the  record  in  accordance  with
    sections 
    554  and  556   of  title  5  of  the   United  States  Code.  The
    Administrator  shall  issue reasonable  rules  for  discovery  and
    other  procedures   for  hearings  under  this  paragraph.  Before
    issuing  such  an  order, the  Administrator  shall  give  written
    notice to the person to  be assessed an administrative  penalty of
    the Administrator's proposal to issue such order and provide  such
    person an  opportunity to  request such  a hearing  on the  order,
    within 30 days of the date the notice is received by such person.
       "(B) The  Administrator may compromise, modify,  or remit, with
    or without  conditions, any  administrative penalty  which may  be
    imposed under this subsection.
       "(3) The Administrator may  implement, after consultation  with
    the  Attorney General  and the  States, a  field  citation program
    through regulations establishing appropriate minor  violations for
    which  field citations  assessing civil  penalties  not to  exceed
    $5,000  per  day  of  violation  may  be  issued  by  officers  or
    employees designated  by the Administrator. Any  person to  whom a
    field  citation is  assessed  may,  within a  reasonable  time  as
    prescribed by the  Administrator through regulation, elect  to pay
    the penalty  assessment  or to  request  a  hearing on  the  field
    citation. If a request for a hearing  is not made within the  time
    specified  in the regulation, the penalty  assessment in the field
    citation shall  be final.  Such hearing  shall not  be subject  to
    section 554  or 556  of title  5 of  the United  States Code,  but
    shall provide a  reasonable opportunity to be heard and to present
    evidence. Payment of  a civil penalty required by a field citation
    shall not  be  a defense  to  further  enforcement by  the  United
    States or  a  State  to correct  a  violation,  or to  assess  the
    statutory maximum  penalty pursuant  to other  authorities in  the
    Act, if the violation continues.
       "(4)  Any person against whom a civil penalty is assessed under
    paragraph  (3) of  this subsection  or to  whom an  administrative
    penalty order  is issued  under paragraph  (1) of this  subsection
    may seek review of such  assessment in the United  States District
    Court for  the District of Columbia  or for the  district in which
    the violation  is alleged to have  occurred, in  which such person
    resides,  or where  such person's  principal place of  business is
    located, by  filing in  such court  within 30  days following  the
    date   the  administrative  penalty   order  becomes  final  under
    paragraph (2), the  assessment becomes final under  paragraph (3),
    or  a final  decision following a  hearing under  paragraph (3) is
    rendered, and  by simultaneously sending a  copy of  the filing by
    certified  mail to  the Administrator  and  the Attorney  General.
    Within 30  days thereafter, the Administrator  shall file  in such
    court a  certified copy,  or certified index,  as appropriate,  of
    the  record   on  which  the   administrative  penalty  order   or
    assessment was  issued. Such court shall  not set  aside or remand
    such order or  assessment unless there is not substantial evidence
    in the  record, taken  as a  whole, to  support the  finding of  a
    violation or  unless the order  or penalty assessment  constitutes
    an abuse  of discretion.  Such order  or penalty assessment  shall
    not be subject  to review by any court  except as provided in this
    paragraph. In any  such proceedings, the United States may seek to
    recover civil penalties ordered or assessed under this section.
       "(5) If  any  person fails  to  pay an  assessment  of a  civil
    penalty or fails to comply with an administrative penalty order- 
          "(A) after the order or assessment has become final, or 
          "(B) after a court in an action brought under paragraph  (4)
       has entered a final judgment in favor of the Administrator,
    the Administrator shall  request the Attorney General  to bring  a
    civil  action in  an  appropriate district  court to  enforce  the
    order or to  recover the amount ordered or assessed (plus interest
    at  rates  established  pursuant  to  section  6621(a)(2)  of  the
    Internal Revenue Code of 1986 from the date of  the final order or
    decision or the date of the final  judgment, as the case may  be).
    In  such an  action, the validity,  amount, and appropriateness of
    such  order or  assessment  shall not  be  subject to  review. Any
    person who fails to pay  on a timely basis a civil penalty ordered
    or assessed  under  this section  shall  be  required to  pay,  in
    addition  to  such   penalty  and  interest,  the   United  States
    enforcement expenses, including but not limited  to attorneys fees
    and  costs   incurred  by   the  United   States  for   collection
    proceedings and  a quarterly nonpayment  penalty for each  quarter
    during  which  such  failure  to  pay  persists.  Such  nonpayment
    penalty shall  be  10 percent  of  the  aggregate amount  of  such
    person's outstanding  penalties and  nonpayment penalties  accrued
    as of the beginning of such quarter.
    "(e) Penalty Assessment  Criteria.-(1) In  determining the  amount
of any penalty  to be assessed  under this section or  section 304(a),
the  Administrator  or  the  court, as  appropriate,  shall  take into
consideration  (in addition  to  such  other  factors as  justice  may
require) the size of the business,  the economic impact of the penalty
on the business, the violator's full compliance history and good faith
efforts to comply, the duration of the violation as established by any
credible evidence  (including evidence other than  the applicable test
method),  payment by the violator of penalties previously assessed for
the same  violation, the  economic benefit  of noncompliance, and  the
seriousness of the violation. The court shall not assess penalties for
noncompliance with administrative subpoenas  under section 307(a),  or
actions  under section  114  of  this  Act,  where  the  violator  had
sufficient  cause to  violate or  fail or refuse  to comply  with such
subpoena or action.
    "(2) A  penalty may  be assessed  for each day  of violation.  For
purposes of determining  the number of days  of violation for which  a
penalty  may  be  assessed under  subsection  (b)  or  (d)(1) of  this
section, or section 304(a), or an assessment may be made under section
120,  where the Administrator or  an air pollution  control agency has
notified the source of  the violation, and the plaintiff makes a prima
facie showing that the conduct or  events giving rise to the violation
are likely to have continued or  recurred past the date of notice, the
days of violation shall be presumed to include the date of such notice
and  each and every day thereafter until the violator establishes that
continuous compliance has been achieved, except to the extent that the
violator can prove by a preponderance  of the evidence that there were
intervening days  during  which  no violation  occurred  or  that  the
violation was not continuing in nature. 
    "(f) Awards.-The  Administrator may  pay an  award, not to  exceed
$10,000,  to any  person who furnishes  information or  services which
lead  to a criminal conviction  or a judicial  or administrative civil
penalty for any violation of  this title or title III, IV, V, or VI of
this Act enforced under this section. Such payment is subject to 
available  appropriations  for such  purposes  as  provided in  annual
appropriation Acts. Any officer,  or employee of the United  States or
any State  or local  government who furnishes  information or  renders
service  in  the performance  of an  official  duty is  ineligible for
payment under  this subsection. The Administrator  may, by regulation,
prescribe additional criteria for eligibility for such an award.
    "(g) Settlements; Public Participation.-At least 30  days before a
consent order  or settlement agreement of  any kind under  this Act to
which the United  States is  a party (other  than enforcement  actions
under section 113, 120, or title II, whether or not involving civil or
criminal  penalties, or  judgments  subject to  Department of  Justice
policy on public  participation) is final  or filed with a  court, the
Administrator shall provide  a reasonable opportunity by notice in the
Federal   Register  to  persons  who  are  not  named  as  parties  or
intervenors  to  the  action or  matter  to  comment  in writing.  The
Administrator or the Attorney  General, as appropriate, shall promptly
consider  any such written comments  and may withdraw  or withhold his
consent  to the proposed order  or agreement if  the comments disclose
facts  or   considerations  which   indicate  that  such   consent  is
inappropriate,   improper,  inadequate,   or  inconsistent   with  the
requirements  of this Act. Nothing  in this subsection  shall apply to
civil or criminal penalties under this Act. 
    "(h) Operator.-For purposes of the provisions of  this section and
section  120, the term `operator',  as used in  such provisions, shall
include any person who  is senior management personnel or  a corporate
officer.  Except in the case  of knowing and  willful violations, such
term shall not  include any  person who  is a  stationary engineer  or
technician  responsible for  the  operation,  maintenance, repair,  or
monitoring  of equipment and facilities and  who often has supervisory
and training  duties but who is  not senior management  personnel or a
corporate  officer.  Except   in  the  case  of  knowing  and  willful
violations, for  purposes of  subsection (c)(4)  of this  section, the
term `a  person' shall not include an employee who is carrying out his
normal activities and who is not a part of senior management personnel
or a  corporate officer.   Except in the  case of knowing  and willful
violations,  for  purposes of  paragraphs (1),  (2),  (3), and  (5) of
subsection (c) of  this section the term `a person'  shall not include
an  employee  who is  carrying out  his normal  activities and  who is
acting under orders from the employer.". 
SEC. 702. COMPLIANCE CERTIFICATION.
     (a)  Records,  Reports,  Monitoring, Etc.-Section  114(a)  of the
Clean Air Act is amended as follows:
       (1) Strike  "or" in the first sentence  immediately before "any
    emission standard under section 112,".
       (2) Insert  "or any regulation  under section 129  (relating to
    solid waste combustion)," before "(ii) of determining".
       (3) Amend paragraph (1) to read as follows:
          "(1) the Administrator  may require any person  who owns  or
       operates any emission source, who manufactures emission control
       equipment or process equipment, who the Administrator  believes
       may  have information necessary  for the purposes  set forth in
       this subsection, or who  is subject to any requirement  of this
       Act  (other than  a manufacturer  subject to the  provisions of
       sec-
       tion 206(c) or 208 with respect to a provision of  title II) on
       a one-time, periodic or continuous basis to-
            "(A) establish and maintain such records;
            "(B) make such reports;
            "(C)   install,   use,  and   maintain   such   monitoring
          equipment, and use such audit procedures, or methods;
            "(D)  sample  such  emissions  (in  accordance  with  such
          procedures or methods, at such locations, at such intervals,
          during such periods and  in such manner as the Administrator
          shall prescribe);
            "(E)  keep   records  on  control  equipment   parameters,
          production variables  or  other  indirect data  when  direct
          monitoring of emissions is impractical;
            "(F) submit  compliance certifications in accordance  with
          section 114(a)(3); and
            "(G) provide  such other information as  the Administrator
          may reasonably require; and".
    (b) Monitoring  and Compliance  Certifications.-Section 114(a)  of
the Clean Air Act is amended by adding the following  new paragraph at
the end: 
       "(3) The Administrator shall in the case of any person which is
    the owner  or operator of  a major stationary source,  and may, in
    the  case of  any other  person, require  enhanced monitoring  and
    submission     of    compliance     certifications.     Compliance
    certifications shall include (A) identification of  the applicable
    requirement  that  is the  basis  of  the  certification, (B)  the
    method used for  determining the compliance status of  the source,
    (C) the  compliance status, (D)  whether compliance is  continuous
    or  intermittent, (E)  such other  facts as  the Administrator may
    require. Compliance  certifications and  monitoring data shall  be
    subject  to subsection  (c)  of  this  section.  Submission  of  a
    compliance    certification   shall   in    no   way   limit   the
    Administrator's  authorities to investigate or otherwise implement
    this  Act. The  Administrator shall  promulgate  rules to  provide
    guidance and to  implement this paragraph within 2 years after the
    enactment of the Clean Air Act Amendments of 1990.".
     (c)  Judicial Review.-Section  307(b)(1) of the  Clean Air Act is
amended by inserting "or  revising regulations for enhanced monitoring
and compliance certification programs  under section 114(a)(3) of this
Act,"  immediately  before   "or  any  other   final  action  of   the
Administrator".
SEC. 703. ADMINISTRATIVE ENFORCEMENT SUBPOENAS.
    Section 307(a)  of the Clean  Air Act is  amended by striking  out
"(1)"  after   "(a)"  and  by  striking  "or  section  202(b)(5)"  and
immediately after  "section 202(b)(4)  or 211(c)(3)" inserting  ", any
investigation,  monitoring,  reporting requirement,  entry, compliance
inspection,  or administrative  enforcement proceeding  under  the Act
(including but not limited  to section 113, section 114,  section 120,
section  129,  section 167,  section  205, section  206,  section 208,
section 303, or section 306),".
SEC. 704. EMERGENCY ORDERS.
    Section 303 of the Clean Air Act is amended as follows:
       (1) Strike "the health of persons and that appropriate State or
    local  authorities  have  not  acted to  abate  such  sources" and
    insert "public health or welfare, or the environment".
       (2) Amend the second sentence to read "If it is not practicable
    to  assure prompt  protection of public  health or  welfare or the
    environment  by   commencement  of  such   a  civil  action,   the
    Administrator  may  issue  such  orders  as  may  be necessary  to
    protect public health or welfare or the environment.".
       (3)  Strike the  last 3  sentences of  subsection (a)  in their
    entirety.
       (4) Strike "(a)" and strike out subsection (b).
       (5)  Insert  the following  at the  end:  "Prior to  taking any
    action under  this section, the  Administrator shall consult  with
    appropriate State  and local  authorities and  attempt to  confirm
    the accuracy  of the information on  which the  action proposed to
    be  taken is  based. Any order  issued by  the Administrator under
    this section shall  be effective upon issuance and shall remain in
    effect  for  a  period  of  not  more  than  60  days, unless  the
    Administrator brings an action  pursuant to the first sentence  of
    this section before  the expiration  of that period.  Whenever the
    Administrator  brings such  an action  within  the 60-day  period,
    such order  shall remain  in effect for  an additional 14  days or
    for such longer period as may be authorized by  the court in which
    such action is brought.".
SEC. 705. CONTRACTOR LISTINGS.
    Section 306(a) of the Clean Air Act is amended as follows:
       (1) Strike "113(c)(1)" and insert "113(c)".
       (2) Insert at the  end thereof: "For convictions  arising under
    section 113(c)(2),  the condition  giving rise  to the  conviction
    also shall be considered  to include any substantive  violation of
    this  Act  associated   with  the  violation  of   113(c)(2).  The
    Administrator  may  extend this  prohibition  to other  facilities
    owned or operated by the convicted person.".
SEC. 706. JUDICIAL REVIEW PENDING RECONSIDERATION OF REGULATION.
    Section 307(b)(1) of the Clean Air Act is amended
       (1) by adding at the end thereof: "The filing of a petition for
    reconsideration by the  Administrator of any otherwise  final rule
    or  action shall  not affect the  finality of such  rule or action
    for purposes of judicial review  nor extend the time  within which
    a petition for judicial  review of such rule or  action under this
    section may be  filed, and shall not postpone the effectiveness of
    such rule or action."; and
       (2) striking  "under section 113(d)"  immediately before "under
    section 119" in the second sentence.
SEC. 707. CITIZEN SUITS.
    (a)  Civil  Penalties.-Section 304(a)  of  the  Clean Air  Act  is
amended by inserting immediately before the period at the end thereof:
",  and to apply any  appropriate civil penalties  (except for actions
under paragraph (2))".
    (b) Penalty  Fund.-Section 304 of the Clean  Air Act is amended by
adding the following new subsection after subsection (f):
       "(g) Penalty Fund.-(1) Penalties received under subsection  (a)
    shall  be  deposited  in  a  special  fund  in  the  United States
    Treasury  for licensing and other  services. Amounts  in such fund
    are  authorized to  be  appropriated  and shall  remain  available
    until  expended, for  use  by  the Administrator  to  finance  air
    compliance  and  enforcement  activities. The  Administrator shall
    annually report to  the Congress about the sums deposited into the
    fund,  the  sources thereof,  and  the  actual  and proposed  uses
    thereof.
       "(2)  Notwithstanding paragraph  (1)  the court  in any  action
    under  this  subsection  to  apply  civil   penalties  shall  have
    discretion to  order that such civil  penalties, in  lieu of being
    deposited in the  fund referred to  in paragraph  (1), be used  in
    beneficial mitigation projects which are consistent  with this Act
    and enhance the  public health or the environment. The court shall
    obtain  the   view  of  the   Administrator  in  exercising   such
    discretion and  selecting any  such projects.  The  amount of  any
    such payment in any such action shall not exceed $100,000.".
    (c)  Intervention by  EPA.-Paragraph (2) of  section 304(c) of the
Clean Air Act is amended to read as follows:
       "(2)  In any action  under this section,  the Administrator, if
    not a party,  may intervene as a  matter of  right at any time  in
    the proceeding.  A judgment  in an  action under  this section  to
    which the  United States is not  a party shall  not, however, have
    any binding effect upon the United States.".
    (d) Service  of Complaint; Consent  Judgments.-Section 304(c)   of
the Clean Air  Act is amended  by adding  the following new  paragraph
after paragraph (2):
       "(3)  Whenever  any action  is brought  under this  section the
    plaintiff shall  serve a  copy of  the complaint  on the  Attorney
    General of the  United States and on the Administrator. No consent
    judgment shall be  entered in an action brought under this section
    in which  the  United States  is not  a  party  prior to  45  days
    following the receipt of a  copy of the proposed  consent judgment
    by the  Attorney General and the  Administrator during  which time
    the Government  may submit  its comments on  the proposed  consent
    judgment  to the court and parties or may intervene as a matter of
    right.".
    (e) Other Requirements.-Section  304(f) of  the Clean  Air Act  is
amended by striking  "any condition or  requirement of section  113(d)
(relating  to  certain  enforcement  orders)"  in  paragraph  (3),  by
striking "part  B of title I"  in paragraph (3) and  inserting in lieu
thereof "title VI", and by striking the period at the end of paragraph
(3) and inserting "; or" and  by adding the following new paragraph at
the end thereof:
       "(4) any other  standard, limitation,  or schedule  established
    under  any  permit  issued  pursuant  to  title  V  or  under  any
    applicable   State    implementation   plan    approved   by   the
    Administrator, any permit  term or condition, and  any requirement
    to obtain a permit as a condition of operations.".
    (f) Unreasonable  Delay.-Section 304(a)  of the  Clean Air Act  is
amended  by adding  the following  at the  end thereof:  "The district
courts  of  the  United  States  shall  have  jurisdiction  to  compel
(consistent  with  paragraph (2)  of  this  subsection) agency  action
unreasonably delayed, except  that an action  to compel agency  action
referred to in section 307(b) which is unreasonably delayed may only 
be filed in a United States District Court within the circuit in which
such  action would  be reviewable  under section  307(b). In  any such
action for unreasonable delay,  notice to the entities referred  to in
subsection (b)(1)(A) shall be provided 180 days before commencing such
action.".
    (g)  Past  Violations.-Section  304(a) of  the  Clean  Air Act  is
amended  by inserting  immediately  before  "to  be in  violation"  in
paragraphs (1)  and (3) "to have  violated (if there  is evidence that
the  alleged violation has been  repeated) or". The  amendment made by
this  subsection  shall take  effect with  respect to  actions brought
after  the date  2 years  after  the enactment  of the  Clean Air  Act
Amendments of 1990.
    (h) Deferred Actions.-Section  307(b)(2) of the Clean  Air Act  is
amended by  adding the  following at the  end thereof: "Where  a final
decision   by   the   Administrator   defers   performance   of    any
nondiscretionary statutory  action to  a  later time,  any person  may
challenge the deferral pursuant to paragraph (1).".
SEC. 708. ENHANCED IMPLEMENTATION AND ENFORCEMENT OF NEW SOURCE REVIEW
REQUIREMENTS.
    Section  167 of  the Clean  Air Act  is amended  by  striking "the
construction  of  a  major   emitting  facility"  and  inserting  "the
construction or modification of a major emitting facility".
SEC. 709. MOVABLE STATIONARY SOURCES.
    Section  302  of the  Clean  Air  Act  is  amended by  adding  the
following subsection at the end thereof:
       "(z)  Stationary  Source.-The  term `stationary  source'  means
    generally any  source of an  air pollutant except those  emissions
    resulting  directly  from   an  internal  combustion  engine   for
    transportation  purposes  or  from a  nonroad  engine  or  nonroad
    vehicle as defined in section 216.".
SEC. 710. ENFORCEMENT OF NEW TITLES OF THE ACT.
    (a)  Section 120.-Section  120(a)(2)(A) of  the Clean  Air Act  is
amended as follows:
       (1) Insert ", 167, 303," after "111" in clause (ii).
       (2) Redesignate clause  (iii) as  (iv) and in  new clause  (iv)
    strike "clause  (i) or  (ii)", and  insert "clause  (i), (ii),  or
    (iii)".
       (3) Insert the following new clause after clause (ii)-
          "(iii) a  stationary source which is not  in compliance with
       any requirement of title IV, V, or VI of this Act, or".
    (b)  Section 307.-Section  307(d)(1)(H) of  the Clean  Air Act  is
amended  by striking out "subtitle B of  title I" and inserting "title
VI".
SEC. 711. SAVINGS PROVISIONS AND EFFECTIVE DATES.
    (a) Savings  Provisions.-Except as otherwise expressly provided in
this Act, no suit,  action, or other proceeding lawfully  commenced by
the  Administrator  or any  other officer  or  employee of  the United
States in his official capacity or in relation to the discharge of his
official  duties under  the Clean  Air Act,  as in  effect immediately
prior  to the date of enactment of this  Act, shall abate by reason of
the taking effect of the amendments made by this Act.
    (b) Effective Dates.-(1)  Except as otherwise  expressly provided,
the amendments  made by  this Act  shall be effective  on the  date of
enactment of this Act.
    (2) The Administrator's authority to assess  civil penalties under
section 205(c)  of the Clean  Air Act, as  amended by this  Act, shall
apply  to violations that  occur or continue  on or after  the date of
enactment of this Act. Civil penalties for violations that occur prior
to such date and do not continue after such  date shall be assessed in
accordance  with the  provisions  of  the  Clean  Air  Act  in  effect
immediately prior to the date of enactment of this Act.
    (3)  The civil  penalties  prescribed  under sections  205(a)  and
211(d)(1) of the Clean Air Act, as amended by this Act, shall apply to
violations  that occur on or after the  date of enactment of this Act.
Violations that occur prior to such date shall be subject to the civil
penalty  provisions prescribed in  sections 205(a)  and 211(d)  of the
Clean Air Act  in effect immediately  prior to  the enactment of  this
Act. The  injunctive authority  prescribed under section  211(d)(2) of
the Clean Air Act, as  amended by this Act, shall apply  to violations
that occur or continue on or after the date of enactment of this Act.
    (4) For purposes  of paragraphs (2) and  (3), where the date  of a
violation cannot  be determined it will  be assumed to be  the date on
which the violation is discovered.  
                  TITLE VIII-MISCELLANEOUS PROVISIONS

Sec. 801. OCS air pollution.  
Sec. 802. Grants  for support  of air pollution  planning and  control
programs.  
Sec. 803. Annual report repeal.  
Sec. 804. Emission factors.  
Sec. 805. Land use authority.  
Sec. 806. Virgin Islands.  
Sec. 807. Hydrogen fuel cell vehicle study and test program.  
Sec. 808. Renewable energy and energy conservation incentives.  
Sec. 809. Clean air study of southwestern New Mexico.  
Sec. 810. Impact on small communities.  
Sec. 811. Equivalent air quality controls among trading nations.  
Sec. 812. Analyses of costs and benefits.  
Sec. 813. Combustion of contaminated used oil in ships.  
Sec. 814. American made products.  
Sec.  815. Establishment of program to monitor and improve air quality
in regions        along  the border  between  the  United  States  and
Mexico.  
Sec. 816. Visibility.  
Sec. 817. Role of secondary standards.  
Sec. 818. International border areas.  
Sec. 819. Exemptions for stripper wells.  
Sec. 820. EPA report on magnetic levitation.  
Sec. 821.  Information gathering  on greenhouse gases  contributing to
global climate         changes.  
Sec. 822. Authorization.

SEC. 801. OCS AIR POLLUTION.
     Title  III  of the  Clean  Air  Act  is  amended  by  adding  the
following new section after section 327:
"SEC. 328. AIR POLLUTION FROM OUTER CONTINENTAL SHELF ACTIVITIES. 
    "(a)(1) Applicable Requirements for Certain  Areas.-Not later than
12 months after the enactment of the Clean Air Act Amendments of 1990,
following consultation with the Secretary of 
the Interior and the Commandant of the United States Coast  Guard, the
Administrator, by  rule, shall  establish requirements to  control air
pollution from Outer Continental Shelf sources located offshore of the
States  along the Pacific, Arctic  and Atlantic Coasts,  and along the
United  States Gulf  Coast  off  the  State  of  Florida  eastward  of
longitude  87 degrees  and 30  minutes (`OCS  sources') to  attain and
maintain Federal and State ambient air quality standards and to comply
with the  provisions of part  C of title  I. For such  sources located
within  25  miles  of  the  seaward  boundary  of  such  States,  such
requirements shall  be the same as  would be applicable if  the source
were located in the corresponding onshore area, and shall include, but
not be limited to, State and local requirements for emission controls,
emission  limitations, offsets,  permitting, monitoring,  testing, and
reporting.  New OCS sources shall comply with such requirements on the
date of promulgation and existing OCS sources shall comply on the date
24 months thereafter. The Administrator shall update such requirements
as  necessary to  maintain consistency  with onshore  regulations. The
authority of  this subsection shall  supersede section 5(a)(8)  of the
Outer Continental Shelf Lands Act  but shall not repeal or  modify any
other  Federal,  State,  or  local  authorities  with  respect to  air
quality.  Each requirement  established  under this  section shall  be
treated, for  purposes of sections 113,  114, 116, 120, and  304, as a
standard under section  111 and  a violation of  any such  requirement
shall be considered a violation of section 111(e). 
    "(2) Exemptions.-The Administrator  may exempt an OCS  source from
a  specific  requirement  in   effect  under  regulations  under  this
subsection if the Administrator finds that compliance with a pollution
control technology requirement is technically infeasible or will cause
an  unreasonable threat to health and  safety. The Administrator shall
make written  findings explaining  the basis of  any exemption  issued
pursuant to this subsection and shall impose another requirement equal
to or as close in stringency  to the original requirement as possible.
The Administrator shall ensure  that any increase in emissions  due to
the  granting  of  an exemption  is  offset  by  reductions in  actual
emissions, not otherwise required by this Act, from the same source or
other sources in  the area or in  the corresponding onshore  area. The
Administrator shall establish procedures  to provide for public notice
and comment on exemptions proposed pursuant to this subsection. 
    "(3)  State  Procedures.-Each  State adjacent  to  an  OCS  source
included under  this  subsection  may promulgate  and  submit  to  the
Administrator   regulations  for   implementing   and  enforcing   the
requirements of this subsection. If  the Administrator finds that  the
State regulations  are adequate,  the Administrator shall  delegate to
that  State  any authority  the Administrator  has  under this  Act to
implement and  enforce such  requirements. Nothing in  this subsection
shall  prohibit the  Administrator from  enforcing any  requirement of
this section. 
    "(4) Definitions.-For purposes of subsections (a) and (b)-
       "(A)  Outer  continental  shelf.-The  term  `Outer  Continental
    Shelf'  has  the  meaning  provided  by  section  2  of  the Outer
    Continental Shelf Lands Act (43 U.S.C. 1331). 
       "(B)  Corresponding  onshore   area.-The  term   `corresponding
    onshore area' means, with respect  to any OCS source,  the onshore
    attainment  or nonattainment area that  is closest  to the source,
    unless the  Administrator determines that  another area with  more
    stringent requirements with  respect to the control  and abatement
    of air  pollution may  reasonably be  expected to  be affected  by
    such  emissions.  Such   determination  shall  be  based   on  the
    potential for  air pollutants  from the  OCS source  to reach  the
    other  onshore area  and the potential  of such  air pollutants to
    affect  the  efforts  of  the  other  onshore  area  to  attain or
    maintain any Federal or State  ambient air quality standard  or to
    comply with the provisions of part C of title I. 
       "(C)   Outer   continental  shelf   source.-The   terms  `Outer
    Continental Shelf source' and `OCS source'  include any equipment,
    activity, or facility which-
          "(i) emits or has the potential to emit any air pollutant, 
          "(ii) is regulated or authorized under the Outer Continental
       Shelf Lands Act, and 
          "(iii) is located on the Outer Continental Shelf or in or on
       waters above the Outer Continental Shelf.
       Such activities include,  but are not limited to,  platform and
    drill  ship  exploration, construction,  development,  production,
    processing, and transportation.  For purposes of this  subsection,
    emissions from  any  vessel servicing  or associated  with an  OCS
    source, including  emissions while at the  OCS source  or en route
    to or  from the  OCS source  within 25  miles of  the OCS  source,
    shall be considered direct emissions from the OCS source. 
       "(D) New and  existing ocs sources.-The  term `new OCS  source'
    means an OCS  source which is a  new source within the  meaning of
    section 111(a).  The term  `existing  OCS  source' means  any  OCS
    source other than a new OCS source. 
    "(b) Requirements  for Other Offshore  Areas.-For portions of  the
United  States Gulf Coast Outer Continental Shelf that are adjacent to
the States not covered  by subsection (a) which are  Texas, Louisiana,
Mississippi,  and  Alabama,  the  Secretary  shall  consult  with  the
Administrator  to   assure  coordination  of   air  pollution  control
regulation  for Outer  Continental  Shelf emissions  and emissions  in
adjacent   onshore  areas.  Concurrently  with  this  obligation,  the
Secretary shall complete within 3 years of enactment of this section a
research  study   examining  the  impacts  of   emissions  from  Outer
Continental  Shelf  activities in  such areas  that  fail to  meet the
national  ambient air quality  standards for either  ozone or nitrogen
dioxide.  Based  on the  results of  this  study, the  Secretary shall
consult with the Administrator and determine if any additional actions
are  necessary. There are authorized  to be appropriated  such sums as
may  be necessary to provide funding for the study required under this
section.
    "(c)(1) Coastal Waters.-The  study report of section 112(n) of the
Clean  Air Act shall apply to the  coastal waters of the United States
to the same  extent and in the same manner  as such requirements apply
to the Great Lakes, the Chesapeake Bay, and their tributary waters.".
    "(2) The regulatory requirements  of section  112(n) of the  Clean
Air Act  shall apply  to the  coastal waters of  the States  which are
subject 
to subsection (a) of this section, to the same extent and in the  same
manner as such requirements  apply to the Great Lakes,  the Chesapeake
Bay, and their tributary waters.".
SEC. 802. GRANTS  FOR SUPPORT  OF AIR POLLUTION  PLANNING AND  CONTROL
PROGRAMS.
    (a) Grants.-Subparagraphs (A) and (B) of section 105(a)(1) of  the
Clean Air Act are amended to read as follows:
       "(A) The Administrator may make grants to air pollution control
    agencies, within the meaning of  paragraph (1), (2), (3),  (4), or
    (5) of section  302, in an amount  up to three-fifths of  the cost
    of  implementing programs  for the  prevention and  control of air
    pollution  or  implementation of  national  primary  and secondary
    ambient air quality  standards. For the purpose  of this  section,
    `implementing'  means  any  activity  related   to  the  planning,
    developing, establishing, carrying-out, improving, or  maintaining
    of such programs.
       "(B) Subject to subsections (b) and (c) of this section, an air
    pollution   control   agency   which  receives   a   grant   under
    subparagraph  (A) and  which contributes  less  than the  required
    two-fifths minimum  shall have 3 years  following the  date of the
    enactment of  the Clean  Air Act  Amendments of 1990  in which  to
    contribute such  amount.  If such  an  agency  fails to  meet  and
    maintain this required  level, the Administrator shall  reduce the
    amount of the Federal contribution accordingly.".
    (b)  Conforming Amendment.-Section  105(a)(1)(C) of  the Clean Air
Act is amended by striking "(B)" and inserting "(A)".
    (c) Limitation on Grants.-Section 105(b)  of the Clean Air  Act is
amended by-
        (1) inserting "(1)" immediately after "(b)"
        (2) striking all that  follows "(3) the financial need  of the
    respective agencies."; and
       (3) redesignating paragraphs (1), (2), and (3) as subparagraphs
    (A), (B), and (C) respectively.
    (d)  Limitation.-Section 105  of the Clean  Air Act  is amended by
redesignating subsection (c) as paragraph (2) of subsection (b) and by
striking all that follows "into which such area extends." in the newly
designated paragraph (2) and  inserting "Subject to the  provisions of
paragraph (1) of this  subsection, no State shall have  made available
to it for application less than one-half of 1 per centum of the annual
appropriation for  grants under  this section  for grants to  agencies
within such State.".
    (e)  Maintenance of  Effort.-Section 105 of  the Clean  Air Act is
amended  by inserting  the following  new subsection  after subsection
(b):
       "(c)  Maintenance of  Effort.-(1) No  agency shall  receive any
    grant  under  this  section  during  any  fiscal  year   when  its
    expenditures  of non-Federal funds for  recurrent expenditures for
    air pollution control  programs will be less than its expenditures
    were for such  programs during the preceding fiscal year. In order
    for the  Administrator to  award grants  under this  section in  a
    timely manner  each fiscal year,  the Administrator shall  compare
    an agency's prospective expenditure  level to  that of its  second
    preceding fiscal year. The Administrator shall  revise the current
    regulations  which  define  applicable nonrecurrent  and recurrent
    expenditures, and in so 
    doing,  give  due consideration  to exempting  an agency  from the
    limitations of  this paragraph and subsection  (a) due to periodic
    increases experienced  by that  agency from  time to  time in  its
    annual  expenditures for purposes  acceptable to the Administrator
    for that fiscal year.
       "(2) The Administrator may still award a grant to an agency not
    meeting the requirements of  paragraph (l)  of this subsection  if
    the   Administrator,  after  notice  and  opportunity  for  public
    hearing,   determines  that   a  reduction   in  expenditures   is
    attributable to a  non-selective reduction in the  expenditures in
    the programs of  all Executive  branch agencies of  the applicable
    unit of Government. 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 a  grant will be so used to supplement and,
    to the extent  practicable, increase the level of State, local, or
    other  non-Federal  funds. No  grants  shall  be  made under  this
    section   until   the  Administrator   has   consulted  with   the
    appropriate official  as designated by  the Governor or  Governors
    of the State or States affected.".
    (f)  Costs.-Section  106  of  the  Clean  Air  Act  is  amended by
striking  "three-fourths of the air  quality planning program costs of
such  agency"   and  inserting   "three-fifths  of  the   air  quality
implementation program costs of such agency".
SEC. 803. ANNUAL REPORT REPEAL.
     Section 313 of the Clean Air Act is repealed.
SEC. 804. EMISSION FACTORS.
    Part A of title I  of the Clean Air  Act is amended by adding  the
following new section at the end thereof:
"SEC. 130. EMISSION FACTORS.
    "Within 6 months after enactment  of the Clean Air  Act Amendments
of  1990, and  at least  every 3  years thereafter,  the Administrator
shall  review  and,  if  necessary,  revise,  the  methods  (`emission
factors') used for  purposes of this  Act to estimate the  quantity of
emissions of  carbon monoxide, volatile organic  compounds, and oxides
of  nitrogen  from sources  of  such  air pollutants  (including  area
sources  and mobile  sources).  In addition,  the Administrator  shall
establish  emission factors for sources for which no such methods have
previously been established  by the  Administrator. The  Administrator
shall permit  any person to demonstrate  improved emissions estimating
techniques,  and   following   approval  of   such   techniques,   the
Administrator  shall authorize the  use of  such techniques.  Any such
technique may be approved only after appropriate public participation.
Until the  Administrator has completed  the revision required  by this
section,  nothing in  this section  shall be  construed to  affect the
validity of  emission factors established by  the Administrator before
the date of the enactment of the Clean Air Act Amendments of 1990.".
SEC. 805. LAND USE AUTHORITY.
    Part A of title I  of the Clean Air  Act is amended by adding  the
following at the end thereof:
"SEC. 131. LAND USE AUTHORITY.
    "Nothing in  this Act constitutes an  infringement on the existing
authority  of counties  and cities  to plan  or control land  use, and
nothing in this  Act provides  or transfers authority  over such  land
use.".
SEC. 806. VIRGIN ISLANDS.
    Section 324(a)(1) of the  Clean Air  Act (42 U.S.C.  7625-l(a)(1))
is amended by inserting "the Virgin Islands," after "American Samoa,".
SEC. 807. HYDROGEN FUEL CELL VEHICLE STUDY AND TEST PROGRAM.
     The  Administrator of  the  Environmental  Protection Agency,  in
conjunction with the National Aeronautics and Space Administration and
the Department of  Energy, shall conduct  a study and test  program on
the  development of a hydrogen  fuel cell electric  vehicle. The study
and  test program shall determine  how best to  transfer existing NASA
hydrogen fuel cell technology into the form of a mass-producible, cost
effective hydrogen  fuel cell  vehicle.  Such study  and test  program
shall   include  at   a  minimum   a  feasibility-design   study,  the
construction  of a prototype, and a demonstration. This study and test
program  should be completed and a report submitted to Congress within
3 years after  the enactment of the Clean Air  Act Amendments of 1990.
This study and  test program should be performed in  the university or
universities which are best exhibiting the facilities and expertise to
develop such a fuel cell vehicle. 
SEC. 808. RENEWABLE ENERGY AND ENERGY CONSERVATION INCENTIVES.
    (a)  Definition.-For purposes of  this section, "renewable energy"
means energy  from photovoltaic, solar thermal,  wind, geothermal, and
biomass energy production technologies.
    (b) Rate Incentives  Study.-Within 18 months after  enactment, the
Federal  Energy  Regulatory  Commission,  in  consultation  with   the
Environmental  Protection   Agency,  shall  complete  a   study  which
calculates   the  net  environmental  benefits  of  renewable  energy,
compared to nonrenewable energy, and assigns numerical values to them.
The  study shall include, but not be limited to, environmental impacts
on air, water, land use, water use, human health, and waste disposal.
    (c)   Model  Regulations.-In   conjunction  with   the  study   in
subsection  (b), the Commission shall  propose one or  more models for
incorporating  the  net  environmental benefits  into  the  regulatory
treatment   of  renewable   energy  in   order  to   provide  economic
compensation for those benefits.
    (d) Report.-The Commission shall transmit  the study and the model
regulations to  Congress, along with  any recommendations on  the best
ways to  reward renewable energy technologies  for their environmental
benefits, in a report no later than 24 months after enactment.
SEC. 809. CLEAN AIR STUDY OF SOUTHWESTERN NEW MEXICO.
    The Administrator shall  conduct a study of the causes of degraded
visibility  in  southwestern   New  Mexico.   The  Administrator,   in
consultation  with the Secretary of State,  is encouraged to cooperate
with the Government of  Mexico, other Federal agencies, and  any other
appropriate organizations in conducting the study. Nothing in 
this section shall  be construed  as contravening  or superseding  the
provisions  of any  international  agreement in  force for  the United
States as  of the date of  enactment of this section,  or any relevant
Federal statute.
SEC. 810. IMPACT ON SMALL COMMUNITIES.
    Before implementing a provision of this Act, the Administrator  of
the  Environmental  Protection Agency  shall  consult  with the  Small
Communities  Coordinator of  the  Environmental Protection  Agency  to
determine the impact of such provision on small communities, including
the estimated cost of compliance with such provision.
SEC. 811. EQUIVALENT AIR QUALITY CONTROLS AMONG TRADING NATIONS.
    (a) Findings.-The Congress finds that-
       (1) all nations  have the responsibility  to adopt and  enforce
    effective air  quality standards and  requirements and the  United
    States,  in enacting this Act,  is carrying out its responsibility
    in this regard;
       (2) as a result of complying  with this Act, businesses in  the
    United States will make significant capital  investments and incur
    incremental costs in implementing control technology standards;
       (3) such  compliance may impair the  competitiveness of certain
    United  States  jobs,  production,  processes,   and  products  if
    foreign   goods  are  produced  under  less  costly  environmental
    standards and requirements than are United States goods; and
       (4) mechanisms should be sought through which the United States
    and  its  trading  partners  can  agree  to  eliminate  or  reduce
    competitive disadvantages.
    (b) Action by the President.-
       (1)  In  general.-Within  18  months  after  the  date  of  the
    enactment of the Clean Air  Act Amendments of 1990,  the President
    shall submit to the Congress a report-
          (A) identifying and evaluating the economic effects of-
            (i)  the  significant air  quality standards  and controls
          required under this Act, and
            (ii)  the  differences between  the  significant standards
          and controls  required under this  Act and similar standards
          and  controls  adopted and  enforced  by  the  major trading
          partners of the United States,
    on   the   international   competitiveness   of    United   States
manufacturers; and
          (B)  containing  a  strategy  for addressing  such  economic
       effects through trade consultations and negotiations.
       (2)  Additional  reporting  requirements.-(A)   The  evaluation
    required under  paragraph (1)(A) shall examine the extent to which
    the significant air quality standards and  controls required under
    this Act are comparable to existing internationally-agreed norms.
       (B)  The  strategy required  to  be  developed under  paragraph
    (1)(B)  shall   include   recommended   options   (such   as   the
    harmonization  of  standards  and trade  adjustment  measures) for
    reducing  or  eliminating   competitive  disadvantages  caused  by
    differences in  standards and controls  between the United  States
    and each of its major trading partners.
       (3)  Public  comment.-Interested  parties  shall  be  given  an
    opportunity  to  submit comments  regarding  the  evaluations  and
    strategy  required  in   the  report  under  paragraph   (1).  The
    President shall take  any such comment into  account in  preparing
    the report.
       (4) Interim  report.-Within  9 months  after  the date  of  the
    enactment of the Clean Air  Act Amendments of 1990,  the President
    shall  submit to  the Congress an  interim report  on the progress
    being made in complying with paragraph (1).
SEC. 812. ANALYSES OF COSTS AND BENEFITS.
    (a) Economic Impact  Analyses.-Section 312 of the Clean Air Act is
amended to read as follows:
"SEC. 312. ECONOMIC IMPACT ANALYSES.
    (a)  The Administrator,  in  consultation  with the  Secretary  of
Commerce,  the  Secretary  of Labor,  and  the  Council  on Clean  Air
Compliance  Analysis  (as established  under  subsection  (f) of  this
section), shall conduct a comprehensive analysis of the impact of this
Act  on  the public  health, economy,  and  environment of  the United
States. In performing such analysis, the Administrator should consider
the costs, benefits and other effects associated with  compliance with
each standard issued for-
       "(1)  a criteria  air pollutant  subject  to a  standard issued
    under section 109;
       "(2)  a  hazardous  air  pollutant listed  under  section  112,
    including  any  technology-based  standard   and  any   risk-based
    standard for such pollutant;
       "(3) emissions from mobile sources  regulated under title II of
    this Act;
       "(4)  a limitation  under  this  Act for  emissions  of  sulfur
    dioxide or nitrogen oxides;
       "(5) a limitation under  title VI of this Act on the production
    of any ozone-depleting substance; and
       "(6) any other section of this Act.
    "(b)  In  describing  the  benefits  of  a  standard described  in
subsection (a),  the Administrator shall consider all of the economic,
public health,  and environmental benefits  of efforts to  comply with
such standard. In any case where numerical values are assigned to such
benefits, a default assumption of zero value  shall not be assigned to
such  benefits unless  supported by  specific data.  The Administrator
shall assess how benefits are measured in order to assure that  damage
to  human health and the  environment is more  accurately measured and
taken into account.
    "(c)  In  describing   the  costs  of  a   standard  described  in
subsection (a), the Administrator  shall consider the effects of  such
standard on employment, productivity, cost of living, economic growth,
and the overall economy of the United States.
    "(d) Not later than  12 months after the date of enactment  of the
Clean Air Act  Amendments of 1990, the Administrator,  in consultation
with  the Secretary  of  Commerce, the  Secretary  of Labor,  and  the
Council on Clean Air Compliance Analysis, shall submit a report to the
Congress that  summarizes  the results  of the  analysis described  in
subsection (a), which reports-
       "(1)  all costs incurred previous  to the date  of enactment of
    the Clean Air Act Amendments of 1990 in the  effort to comply with
    such standards; and
       "(2) all benefits  that have accrued to the  United States as a
    result of such costs.
    "(e) Not later than 24 months after  the date of enactment of  the
Clean Air Act Amendments of 1990, and every 24 months thereafter,  the
Administrator,  in consultation  with the  Secretary of  Commerce, the
Secretary  of Labor, and the Council on Clean Air Compliance Analysis,
shall submit a  report to the Congress that updates  the report issued
pursuant to subsection (d), and which, in addition,  makes projections
into  the future regarding expected costs, benefits, and other effects
of  compliance  with  standards pursuant  to  this  Act  as listed  in
subsection (a).
    "(f) Not later  than 6 months after  the date of enactment  of the
Clean Air  Act Amendments of 1990, the  Administrator, in consultation
with  the  Secretary of  Commerce and  the  Secretary of  Labor, shall
appoint  an Advisory Council on  Clean Air Compliance  Analysis of not
less than nine members (hereafter  in this section referred to  as the
`Council').  In  appointing  such  members,  the  Administrator  shall
appoint   recognized  experts  in   the  fields  of   the  health  and
environmental   effects   of   air   pollution,   economic   analysis,
environmental sciences,  and such other fields  that the Administrator
determines to be appropriate.
    "(g) The Council shall-
       "(1) review the data to be used for any analysis required under
    this section and make recommendations to the  Administrator on the
    use of such data;
       "(2)  review the methodology used to analyze such data and make
    recommendations  to   the  Administrator  on   the  use  of   such
    methodology; and
       "(3)  prior  to  the  issuance   of  a  report  required  under
    subsection  (d) or  (e), review the  findings of  such report, and
    make recommendations to the Administrator concerning the  validity
    and utility of such findings.".
    (b) GAO  Reports on Costs  and Benefits.-Commencing on the  second
year  after the date of the enactment  of the Clean Air Act Amendments
of 1990  and  annually  thereafter,  the Comptroller  General  of  the
General Accounting  Office, in consultation with  other agencies, such
as  the Environmental Protection Agency,  the Department of Labor, the
Department of  Commerce, the  United States Trade  Representative, the
National Academy of Sciences, the Office of Technology Assessment, the
National Academy of Engineering, the Council on Environmental Quality,
and the Surgeon General, shall provide a report to the Congress on the
incremental human health  and environmental benefits,  and incremental
costs  beyond  current  clean  air  requirements of  the  new  control
strategies and  technologies required by  this Act.  The report  shall
include,  for such  strategies and  technologies,  an analysis  of the
actual emissions  reductions beyond existing practice,  the effects on
human life, human health and  the environment (including both positive
impacts  and those  that may  be detrimental  to jobs  and communities
resulting  from loss  of employers and  employment, etc.),  the energy
security im-
pacts,  and  the  effect  on  United States  products  and  industrial
competitiveness in national and international markets.
SEC. 813. COMBUSTION OF CONTAMINATED USED OIL IN SHIPS.
    Within  2  years   after  the  enactment  of  the  Clean  Air  Act
Amendments of 1990, the  Administrator of the Environmental Protection
Agency  shall complete  a  study  and  submit  a  report  to  Congress
evaluating the  health and environmental impacts of  the combustion of
contaminated  used oil  in ships, the  reasons for using  such oil for
such  purposes,  the  alternatives to  such  use,  the  costs of  such
alternatives,  and other  relevant factors  and impacts.  In preparing
such  study, the Administrator shall  obtain the view  and comments of
all interested  persons  and  shall  consult  with  the  Secretary  of
Transportation  and the Secretary of the department in which the Coast
Guard is operating.
SEC. 814. AMERICAN MADE PRODUCTS.
    It is the sense of the Congress that-
       (1) existing equipment and machinery retrofitted to comply with
    the Clean Air  Act's "Best Available Control  Technology" language
    and  all other  specifications within the  Act be  produced in the
    United States and purchased from American manufacturers.
       (2) The  construction of new industrial  and utility facilities
    comply to  the Act's specifications  through the incorporation  of
    American made equipment and technology.
       (3) Individuals, groups, and organizations in the public sector
    strive  to  purchase  and  produce  American  made  products  that
    improve our nation's air quality.
SEC.  815. ESTABLISHMENT OF PROGRAM TO MONITOR AND IMPROVE AIR QUALITY
IN REGIONS ALONG THE BORDER BETWEEN THE UNITED STATES AND MEXICO.
     (a)   In   General.-The  Administrator   of   the   Environmental
Protection Agency (hereinafter referred  to as the "Administrator") is
authorized, in  cooperation  with  the Department  of  State  and  the
affected  States,  to  negotiate  with representatives  of  Mexico  to
authorize  a program  to monitor  and improve  air quality  in regions
along the border  between the  United States and  Mexico. The  program
established under this section shall not extend beyond July 1, 1995.
    (b) Monitoring and Remediation.-
       (1)  Monitoring.-The  monitoring   component  of  the   program
    conducted under this section shall identify  and determine sources
    of pollutants  for which  national ambient  air quality  standards
    (hereinafter  referred to as "NAAQS") and  other air quality goals
    have  been established  in regions  along the  border between  the
    United States  and Mexico.  Any such  monitoring component of  the
    program shall  include, but not be  limited to,  the collection of
    meteorological  data,   the  measurement   of  air  quality,   the
    compilation of an emissions inventory, and shall  be sufficient to
    the  extent  necessary  to  successfully  support  the  use  of  a
    state-of-the-art  mathematical  air modeling  analysis.  Any  such
    monitoring  component of  the program  shall  collect and  produce
    data  projecting the  level of  emission  reductions necessary  in
    both  Mexico and  the United States  to bring  about attainment of
    both primary and  secondary NAAQS, and other air quality goals, in
    regions  along  the   border  in  the  United   States.  Any  such
    monitoring component  of the program shall  include to  the extent
    possible,  data  from  monitoring  programs  undertaken  by  other
    parties.
       (2) Remediation.-The  Administrator is authorized  to negotiate
    with  appropriate  representatives  of  Mexico  to  develop  joint
    remediation measures  to reduce the  level of airborne  pollutants
    to achieve  and maintain  primary and secondary  NAAQS, and  other
    air 
    quality  goals,  in regions  along the  border between  the United
    States and  Mexico. Such joint  remediation measures may  include,
    but not  be limited  to  measures  included in  the  Environmental
    Protection Agency's  Control  Techniques  and  Control  Technology
    documents. Any such remediation program shall  also identify those
    control  measures  implementation  of which  in  Mexico  would  be
    expedited by the use of  material and financial assistance  of the
    United States.
    (c)  Annual  Reports.-The  Administrator  shall,   each  year  the
program authorized in this section is in operation, report to Congress
on the progress of  the program in bringing nonattainment  areas along
the  border  of the  United States  into  attainment with  primary and
secondary NAAQS.  The report  issued by  the Administrator under  this
paragraph  shall  include  recommendations on  funding  mechanisms  to
assist in implementation of monitoring and remediation efforts.
    (d)  Funding   and   Personnel.-The   Administrator   may,   where
appropriate, make  available,  subject  to  the  appropriations,  such
funds, personnel, and equipment  as may be necessary to  implement the
provisions  of  this section.  In those  cases where  direct financial
assistance of  the United States  is provided to  implement monitoring
and remediation programs  in  Mexico, the Administrator  shall develop
grant agreements with appropriate representatives of  Mexico to assure
the accuracy and  completeness of monitoring data  and the performance
of  remediation measures which are financed by the United States. With
respect to any  control measures within   Mexico funded by  the United
States, the  Administrator shall,  to the maximum  extent practicable,
utilize resources of  Mexico where such utilization would reduce costs
to  the   United  States.   Such  funding  agreements   shall  include
authorization for the Administrator to-
       (1) review and agree to plans for monitoring and remediation;
       (2)   inspect  premises,   equipment  and  records   to  insure
    compliance with the agreements established under  and the purposes
    set forth in this section; and
       (3)  where necessary,  develop grant  agreements with  affected
    States to carry out the provisions of this section.
SEC. 816. VISIBILITY.
    Subpart 2 of part C of title I of the Clean Air  Act is amended by
adding the following new section at the end thereof:
"SEC. 169B. VISIBILITY.
    "(a) Studies.-(1)  The  Administrator,  in  conjunction  with  the
National Park  Service and  other appropriate Federal  agencies, shall
conduct research to identify and  evaluate sources and source  regions
of both  visibility impairment and regions  that provide predominantly
clean air in class I areas. A total of $8,000,000 per year for 5 
years  is   authorized  to  be  appropriated   for  the  Environmental
Protection  Agency and  the  other Federal  agencies  to conduct  this
research. The research shall include-
       "(A)  expansion  of current  visibility  related  monitoring in
    class I areas;
       "(B) assessment  of  current sources  of  visibility  impairing
    pollution and clean air corridors;
       "(C)  adaptation  of  regional   air  quality  models  for  the
    assessment of visibility;
       "(D)  studies   of   atmospheric  chemistry   and  physics   of
    visibility.
    "(2)  Based on the findings  available from  the research required
in  subsection  (a)(1) as  well  as  other  available  scientific  and
technical data, studies, and other available information pertaining to
visibility  source-receptor  relationships,  the  Administrator  shall
conduct an assessment  and evaluation that  identifies, to the  extent
possible,  sources  and   source  regions  of   visibility  impairment
including natural sources  as well as source regions  of clear air for
class I areas. The  Administrator shall produce interim  findings from
this  study  within  3 years  after  enactment  of the  Clean  Air Act
Amendments of 1990.
    "(b)  Impacts  of   Other  Provisions.-Within   24  months   after
enactment of the Clean  Air Act Amendments of 1990,  the Administrator
shall  conduct  an  assessment  of the  progress  and  improvements in
visibility  in  class I  areas  that  are likely  to  result from  the
implementation  of the provisions of  the Clean Air  Act Amendments of
1990  other than  the  provisions  of  this  section.  Every  5  years
thereafter  the Administrator  shall conduct  an assessment  of actual
progress  and  improvement  in  visibility  in  class  I   areas.  The
Administrator  shall prepare a  written report on  each assessment and
transmit  copies of  these reports  to the  appropriate  committees of
Congress.
    "(c)   Establishment   of   Visibility   Transport   Regions   and
Commissions.-
       "(1)    Authority    to    establish    visibility    transport
    regions.-Whenever,  upon the Administrator's motion or by petition
    from  the  Governors  of   at  least  two  affected  States,   the
    Administrator  has reason to believe that the current or projected
    interstate transport of  air pollutants  from one  or more  States
    contributes  significantly  to visibility  impairment  in  class I
    areas  located  in  the affected  States,  the  Administrator  may
    establish a  transport region  for such  pollutants that  includes
    such  States.  The  Administrator,  upon  the Administrator's  own
    motion or upon petition from  the Governor of any  affected State,
    or upon the recommendations of a  transport commission established
    under subsection (b) of this section may-
          "(A)  add any State  or portion  of a State to  a visibility
       transport  region when  the Administrator  determines that  the
       interstate  transport   of  air  pollutants  from   such  State
       significantly contributes to visibility impairment in a class I
       area located within the transport region, or
          "(B) remove any State or portion of a State from the  region
       whenever  the  Administrator has  reason  to  believe that  the
       control  of emissions  in that  State or  portion of  the State
       pursuant to this section will not significantly contrib-
       ute to the protection or enhancement of visibility in any class
       I area in the region.
       "(2)    Visibility    transport    commissions.-Whenever    the
    Administrator establishes  a  transport  region  under  subsection
    (c)(1),  the Administrator shall establish  a transport commission
    comprised of (as a minimum) each of the following members:
          "(A) the Governor of each State in the  Visibility Transport
       Region, or the Governor's designee;
          "(B) The Administrator or the Administrator's designee; and
          "(C) A  representative of  each Federal  agency charged with
       the direct management of each class I area  or areas within the
       Visibility Transport Region.
       "(3) All representatives  of the Federal Government shall be ex
    officio members.
       "(4) The visibility transport  commissions shall be exempt from
    the requirements of  the Federal Advisory Committee  Act (5 U.S.C.
    Appendix 2, Section 1).
    "(d)  Duties  of  Visibility  Transport Commissions.-A  Visibility
Transport Commission-
       "(1) shall  assess the scientific and  technical data, studies,
    and  other  currently  available  information,  including  studies
    conducted  pursuant to  subsection  (a)(1), pertaining  to adverse
    impacts  on  visibility  from potential  or  projected  growth  in
    emissions  from   sources  located  in  the  Visibility  Transport
    Region; and
       "(2)  shall, within 4 years of establishment, issue a report to
    the Administrator  recommending what measures,  if any, should  be
    taken under the Clean Air Act to remedy such adverse impacts.  The
    report  required by  this  subsection shall  address at  least the
    following measures:
          "(A)  the establishment  of  clean air  corridors,  in which
       additional  restrictions  on  increases  in  emissions  may  be
       appropriate to protect visibility in affected class I areas;
          "(B)  the imposition of  the requirements of part  D of this
       title  affecting  the  construction  of  new  major  stationary
       sources  or major  modifications  to existing  sources in  such
       clean  air corridors  specifically  including  the  alternative
       siting analysis provisions of section 173(a)(5); and
          "(C) the  promulgation of regulations  under section 169A to
       address  long  range  strategies for  addressing  regional haze
       which impairs visibility in affected class I areas.
    "(e)  Duties of  the Administrator.-(1)  The Administrator  shall,
taking  into account the studies pursuant to subsection (a)(1) and the
reports  pursuant   to  subsection  (d)(2)  and   any  other  relevant
information, within eighteen months of  receipt of the report referred
to in subsection (d)(2) of this section, carry out the Administrator's
regulatory responsibilities under section 169A, including criteria for
measuring `reasonable progress' toward the national goal.
    "(2) Any regulations promulgated under  section 169A of this title
pursuant to  this subsection shall  require affected States  to revise
within  12 months their implementation plans under section 110 of this
title to contain such emission limits, schedules of compliance, 
and  other measures  as  may be  necessary  to carry  out  regulations
promulgated pursuant to this subsection.
    "(f)    Grand   Canyon    Visibility   Transport   Commission.-The
Administrator pursuant  to subsection (c)(1) shall,  within 12 months,
establish a  visibility transport commission for  the region affecting
the visibility of the Grand Canyon National Park.".
SEC. 817. ROLE OF SECONDARY STANDARDS
    (a) Report.-The Administrator  shall request the  National Academy
of Sciences  to  prepare a  report  to the  Congress  on the  role  of
national secondary ambient air quality standards in protecting welfare
and the environment. The report shall:
        (1)  include information  on  the effects  on welfare  and the
    environment  which   are  caused  by   ambient  concentrations  of
    pollutants listed  pursuant to  section 108  and other  pollutants
    which may be listed;
        (2)  estimate welfare  and environmental  costs incurred  as a
    result of such effects;
       (3)  examine the  role  of secondary  standards  and the  State
    implementation planning process in preventing such effects;
        (4)  determine ambient concentrations  of each  such pollutant
    which would be  adequate to  protect welfare  and the  environment
    from such effects;
        (5) estimate the costs and  other impacts of meeting secondary
    standards; and
       (6)  consider  other  means   consistent  with  the  goals  and
    objectives of the Clean  Air Act which may be more  effective than
    secondary standards in preventing or mitigating such effects.
     (b) Submission  to  Congress;  Comments;  Authorization.-(1)  The
report  shall be transmitted  to the Congress  not later than  3 years
after the date of enactment of the Clean Air Act Amendments of 1990.
    (2)  At least  90 days before  issuing a  report the Administrator
shall  provide  an opportunity  for  public  comment on  the  proposed
report.  The Administrator shall include in the final report a summary
of the comments received on the proposed report.
    (3)  There are  authorized  to be  appropriated  such sums  as are
necessary to carry out this section.
SEC. 818. INTERNATIONAL BORDER AREAS.
    Subpart 1  of part D of title I of the Clean Air Act is amended by
adding at the end thereof the following new section:
"SEC. 179B. INTERNATIONAL BORDER AREAS. 
    "(a)  Implementation  Plans  and  Revisions.-Notwithstanding   any
other  provision  of  law,  an implementation  plan  or  plan revision
required under this Act shall be approved by the Administrator if-
       "(1)  such   plan  or  revision  meets   all  the  requirements
    applicable  to it under the Act other than a requirement that such
    plan or  revision demonstrate  attainment and  maintenance of  the
    relevant national ambient air quality standards  by the attainment
    date specified under the applicable  provision of this Act,  or in
    a regulation promulgated under such provision, and
       "(2) the  submitting State  establishes to the  satisfaction of
    the Administrator that the implementation plan of such State 
    would  be adequate  to attain  and maintain the  relevant national
    ambient air  quality standards  by the  attainment date  specified
    under  the applicable  provision of this  Act, or  in a regulation
    promulgated  under  such provision,  but  for emissions  emanating
    from outside of the United States.
    "(b)  Attainment   of  Ozone   Levels.-Notwithstanding  any  other
provision  of law, any State  that establishes to  the satisfaction of
the Administrator that, with respect to an ozone nonattainment area in
such  State, such State would  have attained the  national ambient air
quality  standard for ozone by the applicable attainment date, but for
emissions  emanating from outside of  the United States,  shall not be
subject to the provisions of section 181(a)(2) or (5) or section 185.
    "(c)  Attainment of  Carbon  Monoxide  Levels.-Notwithstanding any
other provision of law, any State that establishes to the satisfaction
of the Administrator, with respect to a  carbon monoxide nonattainment
area in such State, that such State  has attained the national ambient
air quality  standard for carbon monoxide by the applicable attainment
date, but for emissions  emanating from outside of the  United States,
shall not be subject to the provisions of section 186(b)(2) or (9).
    "(d)  Attainment   of  PM-10  Levels.-Notwithstanding  any   other
provision  of law, any State  that establishes to  the satisfaction of
the  Administrator that, with respect to a PM-10 nonattainment area in
such  State, such State would  have attained the  national ambient air
quality  standard for  carbon  monoxide by  the applicable  attainment
date, but  for emissions  emanating  from outside  the United  States,
shall not be subject to the provisions of section 188(b)(2).".
SEC. 819. EXEMPTIONS FOR STRIPPER WELLS.
    Notwithstanding any other provision of law, the amendments  to the
Clean Air Act made by section 103  of the Clean Air Act Amendments  of
1990  (relating  to  additional  provisions  for  ozone  nonattainment
areas),  by section  104 of  such amendments  (relating  to additional
provisions for carbon monoxide nonattainment areas), by section 105 of
such  amendments   (relating  to   additional  provisions  for   PM-10
nonattainment areas), and by section 106 of such amendments  (relating
to  additional provisions  for areas  designated as  nonattainment for
sulfur  oxides,  nitrogen dioxide,  and  lead)  shall not  apply  with
respect  to the production of  and equipment used  in the exploration,
production, development, storage or processing of-
       (1)  oil from a stripper  well property, within  the meaning of
    the June 1979  energy regulations (within the  meaning of  section
    4996(b)(7) of  the Internal  Revenue Code  of 1986,  as in  effect
    before the repeal of such section); and
       (2)  stripper well natural gas, as defined in section 108(b) of
    the Natural  Gas Policy Act  of 1978 (15 U.S.C.  3318(b)).  except
    to  the extent  that  provisions of  such amendments  cover  areas
    designated as Serious  pursuant to part D of  title I of the Clean
    Air Act  and having  a population  of 350,000  or  more, or  areas
    designated as Severe or Extreme pursuant to such part D.
SEC. 820. EPA REPORT ON MAGNETIC LEVITATION.
    The Administrator of  the Environmental  Protection Agency  shall,
not later than 6 months after the date of enactment of this Act, 
submit  to  the   Congress  and   the  President  a   report  of   the
Administrator's activities under any  agreement with the Department of
Transportation  entered into prior to such date of enactment providing
for  an analysis of the  health and environmental  aspects of magnetic
levitation technology.
SEC. 821.  INFORMATION GATHERING  ON GREENHOUSE GASES  CONTRIBUTING TO
GLOBAL CLIMATE CHANGE.
     (a)   Monitoring.-The   Administrator   of   the    Environmental
Protection Agency shall promulgate  regulations within 18 months after
the enactment of the Clean Air Act Amendments of 1990  to require that
all affected  sources subject to  title V of  the Clean Air  Act shall
also  monitor carbon dioxide emissions according to the same timetable
as in section 511 (b) and (c). The regulations shall require that such
data  be reported  to  the Administrator.  The  provisions of  section
511(e) of title  V of the Clean  Air Act shall  apply for purposes  of
this  section  in the  same  manner and  to  the same  extent  as such
provision  applies to the monitoring  and data referred  to in section
511.
     (b)  Public Availability of Carbon  Dioxide Information.-For each
unit  required  to  monitor  and  provide  carbon  dioxide data  under
subsection (a),  the Administrator shall compute  the unit's aggregate
annual total carbon  dioxide emissions, incorporate  such data into  a
computer data base, and  make such aggregate annual data  available to
the public. 
SEC. 822. AUTHORIZATION.
    Section 327 of the Clean Air Act is amended to read as follows:
"SEC. 327. AUTHORIZATION OF APPROPRIATIONS.
    "(a) In General.-There are authorized to be appropriated  to carry
out this  Act such sums  as may  be necessary for  the 7 fiscal  years
commencing  after the  enactment of  the Clean  Air Act  Amendments of
1990.
    "(b) Grants for Planning.-There are authorized  to be appropriated
(1)  not more than  $50,000,000 to carry out  section 175 beginning in
fiscal  year 1991,  to be  available until  expended, to  develop plan
revisions required by subpart 2, 3, or 4 of part D of title I, and (2)
not more than  $15,000,000 for each of  the 7 fiscal  years commencing
after the  enactment of the Clean  Air Act Amendments of  1990 to make
grants  to the States to  prepare implementation plans  as required by
subpart  2,  3, or  4 of  part D  of  title I.".   TITLE  IX-CLEAN AIR
RESEARCH  Sec. 901. Clean air research.
SEC. 901. CLEAN AIR RESEARCH.
    (a)  Research and  Development Program.-(1)  Section 103(a)(1)  of
the Clean  Air Act is amended  by inserting after "effects"  the words
"(including health and welfare effects)".
    (2) Section 103(b) of the Clean Air Act is amended-
       (A)  in   paragraph  (6)  by  striking   "and"  after  "control
    thereof;";
       (B)  in paragraph (7) by  striking the period  and inserting in
    lieu thereof "; and"; and
       (C) by adding at the end the following new paragraph:
          "(8)  construct facilities,  provide  equipment,  and employ
       staff as necessary to carry out this Act.".
    (b) Research Amendments.-Section  103(c) through (f) of  the Clean
Air Act is amended to read as follows:
       "(c)   Air  Pollutant   Monitoring,  Analysis,   Modeling,  and
    Inventory  Research.-In   carrying   out   subsection   (a),   the
    Administrator shall  conduct a program  of research, testing,  and
    development  of  methods  for  sampling, measurement,  monitoring,
    analysis,  and modeling  of  air  pollutants. Such  program  shall
    include the following elements:
          "(1)   Consideration  of  individual,  as  well  as  complex
       mixtures of, air pollutants and their  chemical transformations
       in the atmosphere.
          "(2)  Establishment  of  a  national  network   to  monitor,
       collect, and  compile data with quantification  of certainty in
       the  status  and  trends  of  air  emissions,  deposition,  air
       quality,  surface   water   quality,  forest   condition,   and
       visibility impairment,  and to ensure the  comparability of air
       quality data  collected in  different States and  obtained from
       different nations.
          "(3) Development  of improved methods  and technologies  for
       sampling,  measurement, monitoring,  analysis, and  modeling to
       increase  understanding  of the  sources  of ozone  percursors,
       ozone formation, ozone transport, regional  influences on urban
       ozone, regional  ozone trends,  and interactions of  ozone with
       other pollutants. Emphasis shall  be placed on those techniques
       which-
            "(A)   improve  the  ability  to  inventory  emissions  of
          volatile   organic  compounds   and  nitrogen   oxides  that
          contribute to  urban air pollution, including  anthropogenic
          and natural sources;
            "(B) improve  the understanding of  the mechanism  through
          which  anthropogenic and biogenic volatile organic compounds
          react to form ozone and other oxidants; and
            "(C)  improve   the  ability  to   identify  and  evaluate
          region-specific  prevention  and  control options  for ozone
          pollution.
          "(4)  Submission of  periodic reports  to the  Congress, not
       less than once  every 5  years, which evaluate  and assess  the
       effectiveness of air pollution control regulations and programs
       using monitoring  and  modeling   data  obtained  pursuant   to
       this subsection.
       "(d)   Environmental   Health    Effects   Research.-(1)    The
    Administrator, in  consultation with the  Secretary of Health  and
    Human  Services,   shall  conduct  a   research  program  on   the
    short-term  and  long-term effects  of  air  pollutants, including
    wood smoke, on human  health. In conducting such  research program
    the Administrator-
          "(A)  shall  conduct   studies,  including  epidemiological,
       clinical,  and laboratory  and field  studies, as  necessary to
       identify and evaluate exposure to and effects of air pollutants
       on human health;
          "(B) may utilize, on a reimbursable basis, the facilities of
       existing  Federal scientific laboratories and research centers;
       and
          "(C)  shall consult  with other  Federal agencies  to ensure
       that  similar research  being  conducted in  other agencies  is
       coordinated to avoid duplication.
       "(2) In conducting the  research program under this subsection,
    the Administrator shall  develop methods and techniques  necessary
    to  identify  and assess  the  risks  to  human  health from  both
    routine and accidental exposures to individual  air pollutants and
    combinations  thereof.  Such research  program  shall  include the
    following elements:
          "(A) The creation of an Interagency Task Force to coordinate
       such program.  The Task Force shall  include representatives of
       the National  Institute for Environmental Health  Sciences, the
       Environmental   Protection   Agency,  the   Agency   for  Toxic
       Substances  and  Disease   Registry,  the  National  Toxicology
       Program, the  National Institute  of Standards and  Technology,
       the National  Science Foundation, the Surgeon  General, and the
       Department  of Energy.  This  Interagency Task  Force shall  be
       chaired  by  a representative  of the  Environmental Protection
       Agency and shall convene its first meeting within 60 days after
       the date of enactment of this subparagraph.
          "(B)  An evaluation,  within  12  months after  the  date of
       enactment  of  this paragraph,  of  each of  the  hazardous air
       pollutants listed under section 112(b) of this Act,  to decide,
       on the basis of  available information, their relative priority
       for preparation of environmental health assessments pursuant to
       subparagraph (C).  The evaluation shall be  based on reasonably
       anticipated  toxicity to  humans and  exposure factors  such as
       frequency  of  occurrence as  an  air pollutant  and  volume of
       emissions in populated areas. Such evaluation shall be reviewed
       by   the  Interagency  Task   Force  established   pursuant  to
       subparagraph (A).
          "(C)  Preparation of  environmental  health  assessments for
       each   of  the   hazardous  air   pollutants  referred   to  in
       subparagraph (B), beginning 6 months after the first meeting of
       the Interagency Task Force and to be completed within 96 months
       thereafter. No fewer than 24 assessments shall be completed and
       published  annually.  The  assessments  shall  be  prepared  in
       accordance with  guidelines developed  by the  Administrator in
       consultation with  the Interagency  Task Force and  the Science
       Advisory  Board of  the Environmental  Protection  Agency. Each
       such assessment shall include-
            "(i) an examination, summary, and evaluation  of available
          toxicological  and  epidemiological   information  for   the
          pollutant to  ascertain the  levels of  human exposure which
          pose a significant threat to human health and the associated
          acute, subacute, and chronic adverse health effects;
            "(ii)  a determination  of gaps  in available  information
          related to human health effects and exposure levels; and
            "(iii) where  appropriate, an identification of additional
          activities, including toxicological  and inhalation testing,
          needed to identify the types or levels of exposure which may
          present  significant  risk  of  adverse  health  effects  in
          humans.
       "(e) Ecosystem  Research.-In carrying  out subsection  (a), the
    Administrator, in cooperation, where  appropriate, with the  Under
    Secretary of Commerce for Oceans  and Atmosphere, the Director  of
    the Fish and  Wildlife Service, and the Secretary  of Agriculture,
    shall conduct a research  program to improve understanding of  the
    short-term   and  long-term   causes,  effects,   and  trends   of
    ecosystems 
    damage  from air  pollutants  on  ecosystems. Such  program  shall
    include the following elements:
          "(1)  Identification   of  regionally   representative   and
       critical ecosystems for research.
          "(2)  Evaluation  of  risks  to  ecosystems  exposed  to air
       pollutants,  including  characterization  of  the   causes  and
       effects of chronic and episodic exposures to air pollutants and
       determination of the reversibility of those effects.
          "(3) Development of improved  atmospheric dispersion  models
       and  monitoring  systems   and  networks  for   evaluating  and
       quantifying exposure to  and effects of multiple  environmental
       stresses associated with air pollution. 
          "(4) Evaluation  of the  effects of  air pollution on  water
       quality, including assessments of  the short-term and long-term
       ecological effects of acid deposition and other atmospherically
       derived  pollutants on  surface water  (including  wetlands and
       estuaries) and groundwater. 
          "(5) Evaluation of the  effects of air pollution on forests,
       materials,   crops,  biological  diversity,  soils,  and  other
       terrestrial and aquatic systems exposed to air pollutants. 
          "(6)  Estimation   of  the  associated   economic  costs  of
       ecological  damage which have occurred  as a result of exposure
       to  air  pollutants.    Consistent with  the  purpose  of  this
       program, the  Administrator  may  use  the  estuarine  research
       reserves  established pursuant  to section  315 of  the Coastal
       Zone Management Act of 1972 (16  U.S.C. 1461) to carry out this
       research.
       "(f)  Liquefied  Gaseous  Fuels Spill  Test  Facility.-(1)  The
    Administrator, in  consultation with the  Secretary of Energy  and
    the  Federal Coordinating  Council for  Science, Engineering,  and
    Technology, shall  oversee an experimental and analytical research
    effort, with  the experimental research to  be carried  out at the
    Liquefied Gaseous Fuels Spill Test Facility.  In consultation with
    the Secretary of Energy,  the Administrator  shall develop a  list
    of  chemicals and  a schedule for  field testing  at the Facility.
    Analysis of a minimum  of 10 chemicals per  year shall be  carried
    out, with  the selection  of a  minimum of 2  chemicals for  field
    testing  each  year.  Highest  priority shall  be  given  to those
    chemicals that would  present the greatest potential risk to human
    health as a result of an accidental release-
          "(A) from a fixed site; or
          "(B) related to the transport of such chemicals. 
       "(2) The purpose of such research shall be to-
          "(A)  develop  improved  predictive  models  for atmospheric
       dispersion which at a minimum-
            "(i)  describe  dense  gas  releases  in  complex  terrain
          including  man-made structures  or  obstacles  with variable
          winds;
            "(ii) improve  understanding of the effects  of turbulence
          on dispersion patterns; and
            "(iii)  consider   realistic  behavior   of  aerosols   by
          including physicochemical reactions with water vapor, ground
          deposition, and removal by water spray;
          "(B)  evaluate existing  and future  atmospheric  dispersion
       models by-
            "(i)   the   development  of   a   rigorous,  standardized
          methodology for dense gas models; and
            "(ii)  the  application  of  such  methodology  to current
          dense gas dispersion  models using data generated from field
          experiments; and
          "(C)  evaluate the  effectiveness of  hazard  mitigation and
       emergency response technology for fixed site and transportation
       related  accidental  releases  of  toxic  chemicals.     Models
       pertaining  to  accidental  release   shall  be  evaluated  and
       improved   periodically  for  their  utility  in  planning  and
       implementing   evacuation   procedures  and   other  mitigative
       strategies designed to minimize human exposure to hazardous air
       pollutants released accidentally. 
       "(3) The Secretary of Energy shall make available to interested
    persons (including other Federal agencies and  businesses) the use
    of the  Liquefied Gaseous  Fuels  Spill Test  Facility to  conduct
    research and  other activities in  connection with the  activities
    described in this subsection.".
    (c)  Additional Provisions.-Section  103 of  the Clean Air  Act is
amended by inserting after subsection (f) the following: 
       "(g)  Pollution Prevention  and Emissions  Control.-In carrying
    out  subsection  (a),  the Administrator  shall  conduct  a  basic
    engineering research and technology program  to develop, evaluate,
    and demonstrate  nonregulatory strategies and technologies for air
    pollution  prevention. Such  strategies and  technologies shall be
    developed  with  priority   on  those  pollutants  which   pose  a
    significant risk  to human  health and the  environment, and  with
    opportunities  for  participation  by  industry,  public  interest
    groups,   scientists,  and   other   interested  persons   in  the
    development  of such  strategies  and technologies.  Such  program
    shall include the following elements: 
          "(1)   Improvements   in    nonregulatory   strategies   and
       technologies   for   preventing   or   reducing   multiple  air
       pollutants,  including  sulfur oxides,  nitrogen  oxides, heavy
       metals, PM-10 (particulate matter), carbon monoxide, and carbon
       dioxide, from  stationary sources, including  fossil fuel power
       plants.   Such  strategies   and  technologies   shall  include
       improvements  in the relative cost effectiveness and long-range
       implications   of   various   air   pollutant   reduction   and
       nonregulatory control strategies  such as energy  conservation,
       including  end-use efficiency,  and  fuel-switching to  cleaner
       fuels. Such strategies and technologies shall be considered for
       existing and new facilities. 
          "(2)   Improvements   in    nonregulatory   strategies   and
       technologies for reducing air emissions from area sources. 
          "(3)   Improvements   in    nonregulatory   strategies   and
       technologies   for   preventing,   detecting,  and   correcting
       accidental releases of hazardous air pollutants. 
          "(4)   Improvements   in    nonregulatory   strategies   and
       technologies that dispose  of tires in ways  that avoid adverse
       air quality impacts.
      Nothing in this  subsection shall be construed  to authorize the
    imposition on  any person of  air pollution control  requirements.
    The  Administrator shall  consult with  other  appropriate Federal
    agencies  to  ensure  coordination and  to  avoid  duplication  of
    activities authorized under this subsection. 
       "(h) NIEHS Studies.-(1) The  Director of the National Institute
    of Environmental Health  Sciences may  conduct a program  of basic
    research to  identify, characterize, and  quantify risks to  human
    health  from air  pollutants.  Such  research shall  be  conducted
    primarily   through  a  combination  of   university  and  medical
    school-based grants,  as well  as through  intramural studies  and
    contracts.
       "(2) The  Director of  the National Institute  of Environmental
    Health  Sciences shall  conduct a  program for  the education  and
    training of physicians in environmental health.
       "(3) The  Director shall assure  that such  programs shall  not
    conflict with research undertaken by the Administrator.
       "(4) There are  authorized to be  appropriated to the  National
    Institute of  Environmental Health  Sciences such sums  as may  be
    necessary to carry out the purposes of this subsection.
       "(i)  Coordination of Research.-The Administrator shall develop
    and  implement a plan  for identifying  areas in  which activities
    authorized under  this section can  be carried out in  conjunction
    with other Federal ecological and air  pollution research efforts.
    The  plan, which  shall be submitted  to Congress  within 6 months
    after the date of enactment of this subsection, shall include-
          "(1)  an  assessment  of  ambient  monitoring  stations  and
       networks to determine cost  effective ways to expand monitoring
       capabilities in both urban and rural environments; 
          "(2) a  consideration of the extent  of the  feasibility and
       scientific  value of  conducting  the  research  program  under
       subsection  (e)  to include  consideration  of  the effects  of
       atmospheric processes and air pollution effects; and 
          "(3)  a  methodology for  evaluating  and ranking  pollution
       prevention   technologies,  such   as  those   developed  under
       subsection (g),  in  terms  of  their ability  to  reduce  cost
       effectively the emissions of  air pollutants and other airborne
       chemicals of concern.
       Not  later than  2 years after  the date  of enactment  of this
    subsection, and every 4 years thereafter,  the Administrator shall
    report to Congress on the  progress made in implementing  the plan
    developed under this subsection, and shall include in  such report
    any revisions of the plan. 
       "(j) Continuation of the National Acid Precipitation Assessment
    Program.-
       "(1) The acid  precipitation research program set  forth in the
    Acid  Precipitation   Act  of   1980  shall   be  continued   with
    modifications pursuant to this subsection.
       "(2)  The Acid  Precipitation Task  Force shall consist  of the
    Administrator  of   the  Environmental   Protection  Agency,   the
    Secretary of Energy, the Secretary of the Interior,  the Secretary
    of  Agriculture, the  Administrator of  the  National Oceanic  and
    Atmospheric  Administration,  the  Administrator  of the  National
    Aeronautics and Space Administration, and  such additional members
    as  the  President  may select.  The  President  shall  appoint  a
    chairman for  the Task Force from among its members within 30 days
    after the date of enactment of this subsection.
       "(3) The responsibilities of  the Task Force shall include  the
    following:
          "(A) Review  of the status  of research activities conducted
       to date under the comprehensive research plan developed 
       pursuant to the Acid Precipitation Act of 1980, and development
       of a revised plan that identifies significant research gaps and
       establishes a coordinated program to address current and future
       research  priorities.  A draft  of  the revised  plan  shall be
       submitted by the Task  Force to Congress within 6  months after
       the date of  enactment of  this subsection. The  plan shall  be
       available for public comment during the 60 day period after its
       submission,  and  a  final  plan  shall  be  submitted  by  the
       President to the Congress within 45 days after the close of the
       comment period.
          "(B)  Coordination  with   participating  Federal  agencies,
       augmenting the  agencies' research  and monitoring efforts  and
       sponsoring  additional research in  the scientific community as
       necessary to  ensure the availability  and quality of  data and
       methodologies needed  to evaluate the  status and effectiveness
       of  the  acid deposition  control  program.  Such research  and
       monitoring efforts shall include, but not be limited to-
            "(i) continuous monitoring  of emissions of precursors  of
          acid deposition;
            "(ii) maintenance,  upgrading, and application of  models,
          such as  the Regional  Acid Deposition  Model, that describe
          the  interactions  of emissions  with  the  atmosphere,  and
          models  that describe  the  response of  ecosystems  to acid
          deposition; and
            "(iii) analysis of the costs, benefits,  and effectiveness
          of the acid deposition control program.
          "(C) Publication  and maintenance  of a  National Acid Lakes
       Registry  that tracks the condition  and change over  time of a
       statistically representative  sample of lakes  in regions  that
       are known to be sensitive to surface water acidification.
          "(D)  Submission  every   two  years  of  a  unified  budget
       recommendation to  the President for activities  of the Federal
       Government in connection with the research program described in
       this subsection.
          "(E) Beginning in 1992 and biennially thereafter, submission
       of  a  report  to  Congress   describing  the  results  of  its
       investigations  and  analyses.   The  reporting  of   technical
       information about acid deposition shall be provided in a format
       that  facilitates  communication  with  policymakers   and  the
       public. The report shall include-
            "(i) actual  and projected  emissions and  acid deposition
          trends;
            "(ii) average  ambient concentrations  of acid  deposition
          percursors and their transformation products;
            "(iii) the  status of  ecosystems  (including forests  and
          surface waters), materials, and  visibility affected by acid
          deposition;
            "(iv)  the   causes  and   effects  of   such  deposition,
          including changes  in surface  water quality  and forest and
          soil conditions;
            "(v)   the    occurrence   and    effects   of    episodic
          acidification, particularly  with respect  to high elevation
          watersheds; and
            "(vi)  the   confidence   level   associated   with   each
          conclusion to aid policymakers in use of the information.
          "(F) Beginning in 1996,  and every  4 years thereafter,  the
       report under subparagraph (E) shall include-
            "(i)  the  reduction  in deposition  rates  that  must  be
          achieved in order to prevent adverse ecological effects; and
            "(ii)  the  costs  and benefits  of  the  acid  deposition
          control program created by title IV of this Act.
       "(k)  Air Pollution  Conferences.-If,  in the  judgment of  the
    Administrator,   an   air   pollution   problem   of   substantial
    significance  may result  from discharge  or  discharges into  the
    atmosphere,  the Administrator  may  call a  conference concerning
    this  potential air pollution problem to be held in or near one or
    more  of  the  places  where  such  discharge  or  discharges  are
    occurring or will  occur. All interested persons shall be given an
    opportunity to  be heard at such  conference, either  orally or in
    writing,  and  shall  be  permitted  to  appear  in  person  or by
    representative  in accordance  with procedures  prescribed by  the
    Administrator. If  the Administrator finds,  on the  basis of  the
    evidence  presented at  such  conference,  that the  discharge  or
    discharges if  permitted to take place  or continue  are likely to
    cause or contribute to  air pollution  subject to abatement  under
    part  A of  title I, the  Administrator shall  send such findings,
    together with  recommendations concerning  the measures  which the
    Administrator  finds  reasonable  and  suitable  to  prevent  such
    pollution, to the person or  persons whose actions will  result in
    the discharge  or discharges involved;  to air pollution  agencies
    of the State or States  and of the municipality  or municipalities
    where  such discharge  or discharges  will originate;  and to  the
    interstate  air   pollution  control  agency,   if  any,  in   the
    jurisdictional area  of which  any such  municipality is  located.
    Such  findings and  recommendations shall  be  advisory only,  but
    shall be admitted together with  the record of the  conference, as
    part of the  proceedings under subsections (b), (c), (d), (e), and
    (f) of section 108.".
    (d)  Miscellaneous.-(1)  Section  104  of  the  Clean  Air  Act is
amended  by striking "low-cost" each place it appears and inserting in
lieu thereof "cost-effective".
       (2) Section 104(c) of the  Clean Air Act is amended to  read as
    follows:
          "(c)  Clean  Alternative   Fuels.-The  Administrator   shall
       conduct a  research  program  to  identify,  characterize,  and
       predict air emissions related to  the production, distribution,
       storage, and  use of clean  alternative fuels to  determine the
       risks and benefits to human health and the environment relative
       to those from using conventional gasoline and diesel fuels. The
       Administrator  shall consult  with  other Federal  agencies  to
       ensure  coordination and  to  avoid  duplication of  activities
       authorized under this subsection.".
    (e)   Assessment   of   International   Air    Pollution   Control
Technologies.-The Administrator of the Environmental Protection Agency
shall  conduct  a  study  that compares  international  air  pollution
control technologies of selected industrialized countries to 
determine  if  there  exist  air  pollution  control  technologies  in
countries  outside   the  United  States  that   may  have  beneficial
applications  to this  Nation's  air pollution  control efforts.  With
respect to each country studied, the study shall include the topics of
urban air quality,  motor vehicle emissions, toxic  air emissions, and
acid  deposition. The Administrator  shall, within  2 years  after the
date  of  enactment  of this  Act,  submit to  the  Congress  a report
detailing the results of such study.
    (f)   Adirondack  Effects  Assessment.-The  Administrator  of  the
Environmental Protection Agency shall  establish a program to research
the effects of  acid deposition  on waters where  acid deposition  has
been most  acute.  The Administrator  shall  enter into  a  multi-year
contract  for such purposes with an independent university which has a
year-round field analytical  laboratory on a body of water of not less
than 25,000 acres  nor greater than 75,000 acres, which  lies within a
geographic region designated as a Biosphere Reserve by the  Department
of  State.  The  facility must  have  demonstrated  the  capability to
analyze relevant data on said body of  water over a period of 20 years
as  well  as  extensive  ecosystem modeling  capabilities.  There  are
authorized  to be appropriated to  carry out this  subsection not less
than $6,000,000.
    (g)   Western   States   Acid    Deposition   Research.-(1)    The
Administrator  of the  Environmental Protection  Agency shall  sponsor
monitoring  and research and  submit to  Congress annual  and periodic
assessment reports on-
       (A) the  occurrence and effects  of acid deposition  on surface
    waters  located  in that  part of  the United  States west  of the
    Mississippi River;
       (B)  the occurrence  and  effects of  acid  deposition on  high
    elevation ecosystems (including forests, and surface waters); and
       (C) the  occurrence  and  effects  of  episodic  acidification,
    particularly with respect to high elevation watersheds.
    (2) The  Administrator  of  the  Environmental  Protection  Agency
shall  analyze  data  generated   from  the  studies  conducted  under
paragraph  (1),   data  from  the  Western  Lakes  Survey,  and  other
appropriate research  and utilize predictive  modeling techniques that
take  into   account  the   unique  geographic,   climatological,  and
atmospheric conditions  which exist in  the western  United States  to
determine  the potential occurrence and effects of acid deposition due
to  any  projected increases  in the  emission  of sulfur  dioxide and
nitrogen oxides in that part of  the United States located west of the
Mississippi River. The Administrator shall include the  results of the
project  conducted under  this  paragraph  in  the reports  issued  to
Congress under paragraph (1).
    (h)(1)  In carrying  out the provisions  of section  103(f) of the
Clean Air  Act, the Secretary  of Energy is  authorized to enter  into
contracts  and  cooperative  agreements  with,  and  make  grants  to,
nonprofit  entities affiliated with  the University of  Nevada and the
University of Wyoming.
    (2) Agreements, contracts,  and grants described in  paragraph (1)
shall provide that such nonprofit entities-
       (A) may provide basic technical and management personnel; and
       (B) shall make available permanent research support  facilities
    owned by the nonprofit entities.
    (3) The nonprofit  entities described  in paragraphs  (1) and  (2)
shall be authorized  to make grants,  accept contributions, and  enter
into agreements with  other entities  to carry out  the provisions  of
this subsection.
    (4) There are authorized to  be appropriated to the  Department of
Energy  $3,000,000 for  fiscal  year  1991 and  such  sums as  may  be
necessary  for each fiscal year thereafter to carry out the provisions
of paragraph (1). Such amounts shall remain available until expended.

                TITLE X-DISADVANTAGED BUSINESS CONCERNS

Sec. 1001. Disadvantaged business concerns.
Sec. 1002. Use of quotas prohibited.

SEC. 1001. DISADVANTAGED BUSINESS CONCERNS.
    (a)  In General.-In  providing for  any research  relating to  the
requirements of the amendments made by the Clean Air Act Amendments of
1990  which uses  funds  of the  Environmental Protection  Agency, the
Administrator  of the  Environmental Protection  Agency shall,  to the
extent practicable, require  that not  less than 10  percent of  total
Federal  funding  for   such  research  will  be   made  available  to
disadvantaged business concerns.
    (b) Definition.-
       (1)(A) For purposes of  subsection (a), the term "disadvantaged
    business concern" means a concern-
          (i)  which  is at  least 51  percent  owned by  one  or more
       socially and economically disadvantaged individuals or, in  the
       case of a publicly  traded company, at least 51 percent  of the
       stock  of  which  is   owned  by  one  or  more   socially  and
       economically disadvantaged individuals; and
          (ii) the  management and daily  business operations of which
       are controlled by such individuals.
       (B)(i)  A  for-profit  business  concern is  presumed  to  be a
    disadvantaged business concern  for purposes of subsection  (a) if
    it is at  least 51 percent owned by,  or in the case of  a concern
    which  is a  publicly traded  company at  least 51 percent  of the
    stock of the company is  owned by, one or more individuals who are
    members of the following groups:
          (I) Black Americans.
          (II) Hispanic Americans.
          (III) Native Americans.
          (IV) Asian Americans.
          (V) Women.
          (VI) Disabled Americans.
       (ii) The presumption established by clause (i) may  be rebutted
    with respect to  a particular business concern if it is reasonably
    established  that the  individual or  individuals  referred to  in
    that  clause  with  respect  to  that  business  concern  are  not
    experiencing   impediments  to  establishing  or  developing  such
    concern as  a  result  of  the individual's  identification  as  a
    member of a group specified in that clause.
       (C) The following institutions are presumed to be disadvantaged
    business concerns for purposes of subsection (a):
          (i)  Historically  black  colleges  and   universities,  and
       colleges and  universities having  a student  body in which  40
       percent of the students are Hispanic.
          (ii) Minority institutions (as  that term is defined  by the
       Secretary  of  Education  pursuant  to  the  General  Education
       Provision Act (20 U.S.C. 1221 et seq.)).
          (iii)  Private and  voluntary  organizations  controlled  by
       individuals who are socially and economically disadvantaged.
       (D) A joint  venture may  be considered to  be a  disadvantaged
    business concern  under subsection (a),  notwithstanding the  size
    of such joint venture, if-
          (i) a party to the joint venture is a disadvantaged business
       concern; and
          (ii)  that party  owns  at  least 51  percent of  the  joint
       venture.   A  person who  is not an  economically disadvantaged
       individual or a disadvantaged business concern, as a party to a
       joint venture,  may  not be  a party  to  more than  2  awarded
       contracts  in   a  fiscal  year   solely  by  reason   of  this
       subparagraph.
       (E)  Nothing in this paragraph  shall prohibit any  member of a
    racial or ethnic group that  is not listed in  subparagraph (B)(i)
    from  establishing that they have  been impeded in establishing or
    developing a  business concern  as a  result of  racial or  ethnic
    discrimination.
Sec.  1002. Use  of  Quotas Prohibited.-Nothing  in  this title  shall
permit  or require  the use of  quotas or  a requirement  that has the
effect of a quota in determining eligibility under section 1001.

TITLE XI-CLEAN AIR EMPLOYMENT TRANSITION ASSISTANCE

Sec. 1101. Clean air employment transition assistance.

SEC. 1101. CLEAN AIR EMPLOYMENT TRANSITION ASSISTANCE.
    (a)  Amendment.-Part   B  of  title   III  of  the  Job   Training
Partnership  Act (29 U.S.C. 1501) is amended  by adding at the end the
following:  "clean air employment transition assistance
"Sec. 326. (a) Determination of Eligibility.-
       "(1)  Definitions.-For  purposes  of  this  section,  the  term
    `eligible individual' means an individual who-
          "(A)  is an  eligible dislocated  worker,  as  that term  is
       defined in section 301(a), and
          "(B)  has been  terminated or  laid off,  or has  received a
       notice  of  termination  or  lay   off,  as  a  consequence  of
       compliance with the Clean Air Act.
       "(2)  Determinations.-The  determination  of eligibility  under
    paragraph  (1)(B)  of   this  subsection  shall  be  made  by  the
    Secretary  of  Labor,  pursuant to  criteria  established  by  the
    Secre-
    tary, in consultation with the Administrator  of the Environmental
    Protection Agency.
    "(b) Grants Authorized.-The  Secretary may make grants  to States,
substate grantees (as defined  in section 312(c)), employers, employer
associations, and representatives of employees-
       "(1) to provide training, adjustment assistance, and employment
    services to eligible individuals adversely  affected by compliance
    with the Clean Air Act; and
       "(2)  to make  needs-related  payments to  such individuals  in
    accordance with subsection (f) of this section.
    "(c) Priority and Approval.-
       "(1)  Priority.-In  reviewing  applications  for  grants  under
    subsection (b), the Secretary shall give  priority to applications
    proposing  to   provide  training,   adjustment  assistance,   and
    services  in  areas  which have  the  greatest number  of eligible
    individuals.
       "(2) Needs-related  payments required.-The Secretary  shall not
    approve an  application for  a grant under  subsection (b)  unless
    the application  contains assurances that  the applicant will  use
    grant funds to  provide needs-related payments in  accordance with
    subsection (f).
    "(d) Use of Funds.-Subject to  the requirements of subsections (e)
and (f) of  this section, grants under subsection (b)  may be used for
any purpose for which funds may be used under section 314.
    "(e) Adjustment Assistance.-
       "(1) Job search allowance.-
          "(A) In general.-Grants under subsection  (b) for adjustment
       assistance may  be used  to provide  job search  allowances  to
       eligible individuals. Such allowance, if granted, shall provide
       reimbursement  to the individual of not more than 90 percent of
       the cost  of necessary  job search  expenses, as prescribed  by
       regulations of  the Secretary, but  may not exceed  $800 unless
       the need for a  greater amount is justified in  the application
       and approved by the Secretary.
          "(B)  Criteria  for granting  job  search  allowances.-A job
       search allowance may be granted only-
            "(i)  to  assist  an  eligible  individual  who  has  been
          totally  separated  in  securing  a  job  within  the United
          States; and
            "(ii) where  the Secretary determines  that such  employee
          cannot reasonably be expected to  secure suitable employment
          in the commuting area in which the worker resides.
       "(2) Relocation allowance.-
          "(A) In general.-Grants  under subsection (b) for adjustment
       assistance  may be  used  to provide  relocation allowances  to
       eligible individuals. Such an allowance may  only be granted to
       assist an  eligible individual in relocating  within the United
       States and only if the Secretary determines that-
            "(i)  such  employee  cannot  reasonably  be  expected  to
          secure suitable  employment in  the commuting  area in which
          the employee resides; and
            "(ii) such employee-
               "(I)  has  obtained  suitable  employment  affording  a
            reasonable expectation of  long-term duration in  the area
            in which the employee  wishes to relocate, or has obtained
            a bona fide offer of such employment, and
               "(II) is totally separated  from employment at the time
            relocation commences.
          "(B)  Amount  of relocation  allowance.-The  amount  of  any
       relocation allowance for any eligible individual may not exceed
       the amount which is equal to the sum of-
            "(i) 90 percent of the reasonable  and necessary expenses,
          specified  in  regulations  prescribed  by   the  Secretary,
          incurred in transporting an individual  and the individual's
          family, if any, and household effects, and
            "(ii) a  lump  sum equivalent  to 3  times the  employee's
          average weekly wage, up to a maximum payment of $800, unless
          the  need  for   a  greater  amount  is  justified   in  the
          application and approved by the Secretary.
    "(f)   Needs-Related   Payments.-The  Secretary   shall  prescribe
regulations  with  respect  to the  use  of  funds  from grants  under
subsection  (b) for needs-related payments in order to enable eligible
individuals  to complete  training  or education  programs under  this
section. Such regulations shall-
       "(1)  require  that  such  payments  shall  be provided  to  an
    eligible individual only if such individual-
          "(A)   does  not  qualify  or  has  ceased  to  qualify  for
       unemployment compensation;
          "(B)  has been enrolled in  training by the  end of the 13th
       week  of  the  individual's initial  unemployment  compensation
       benefit period,  or, if later, the end of the 8th week after an
       individual is informed  that a short-term  layoff will in  fact
       exceed 6 months; and
          "(C) is  participating  in  training or  education  programs
       under this section, except  that such regulations shall protect
       an individual  from being disqualified pursuant  to this clause
       for a  failure to  participate that  is  not the  fault of  the
       individual;
            "(2)  provide  that  to  qualify  for  such  payments  the
          individual currently receives,  or is a member  of a  family
          which currently receives,  a total family income  (exclusive
          of  unemployment compensation,  child support  payments, and
          welfare payments) which, in relation to  family size, is not
          in excess of the lower living standard income level;
            "(3)  provide that  the levels of  such payments  shall be
          equal to the higher of-
               "(A) the applicable level of unemployment compensation;
            or
               "(B)  the poverty level  determined in  accordance with
            criteria  established by  the Director  of  the Office  of
            Management and Budget;
            "(4) provide  for the  adjustment of  payments to  reflect
          changes in total family income; and
            "(5)  provide that  the  grantee shall  obtain information
          with respect to such income,  and changes therein, from  the
          eligible individual.
    "(g)  Administrative Expenses.-The Secretary  of Labor may reserve
not more than 5  percent of the funds appropriated under  this section
for the  administration of  activities authorized under  this section,
including the provision of technical assistance for the preparation of
grant applications.
    "(h)  Authorization  of  Appropriations.-In  addition  to  amounts
authorized to be  appropriated by section 3(c) of this  Act, there are
authorized to  be appropriated $50,000,000  for fiscal year  1991, and
such  sums as may  be necessary for  each of fiscal  years 1992, 1993,
1994,  and  1995  to   carry  out  this  section.  The   total  amount
appropriated  for   all  5   such  fiscal   years  shall   not  exceed
$250,000,000. Amounts  appropriated pursuant to  this subsection shall
remain available until expended.
    "(i)  Regulations.-The Secretary  shall prescribe  regulations  to
carry  out this  section not  later than  180 days  after the  date of
enactment of this section.
    "(j) GAO  Assessment of  Effects of  Clean Air  Act Compliance  of
Employment.-The Comptroller General of the United States shall-
       "(1)  identify and assess, to  the extent possible, the effects
    on  employment  that  are  attributable  to  compliance  with  the
    provisions of the Clean Air Act; and
       "(2) submit to  the Congress on the 4th anniversary of the date
    of  the  enactment  of  this  subtitle  a  written  report  on the
    assessments required under paragraph (1).".
    (b) Conforming Amendments.-
       (1) The table of  contents of the Job Training  Partnership Act
    is amended by adding  at the end of the items pertaining to part B
    of  title III  the  following:   "Sec.  326. Clean  air employment
    transition assistance.".
       (2) Section 3(c) of the Job Training Partnership Act is amended
    by  inserting "(other  than  section  326 thereof)"  after  "title
    III".  Speaker  of the House of Representatives  Vice President of
    the United States and President of the Senate.