A LEGISLATIVE HISTORY OF THE CLEAN 

AIR ACT AMENDMENTS OF 1990 

TOGETHER WITH 

A SECTION-BY-SECTION INDEX 

PREPAREDBYTHE 

ENVIRONMENT AND NATURAL RESOURCES POLICY 

DIVISION 

OF THE 

CONGRESSIONAL RESEARCH SERVICE 

OF THE 

LIBRARY OF CONGRESS 

FOR THE 

COMMITTEE ON 

ENVIRONMENT AND PUBLIC WORKS 

U.S. SENATE 

VOLUME I1 

BOOK 1 

William S. Hein & Co., Inc. 

Buffalo, New York 

1998 

Heinonline -- 2 Environment and Natural Resources Policy Division, Library of Congress, A Legislative 

History of the Clean Air Act Amendments of 1990 [i] 1998 
unit, unless the source obtains internal ofiets at a ratio of a least 

1.3:l. The permitting provisions in the two paragraph are also different. 

Section 18Zc) (9 and (8) provide that in the case of sources where 

a unit has undergone a change producing a greater than de minimis emission increase, and such 1.3 to 1.0 internal off8ehs have not 

been secued, such change is to be considered a modification 

ject to all of the new source review requirements of Part D. However, section 182(cX7) provides that in applying section 173(aX2) the 

required technology for sources ernittang less than 100 tons per 

year shall be the best available control technology, as defined in 

Clean Air Act section 169, rather than the lowest achievabk emission rate, as currently provided in don 173(a)0. 

(9) &ti ency measures.-The SIP revision musf provide for the 

implements % n of specific measures to take effect upon the failure 

of the area to achieve any applicable interim schedule (including 

any milestone), or te attain the standard by the applicable attainment date. Such contingency measures must be adequate to assure 

that the emission reduction shortfall is ccmpensated for, and must 

take &ed without further action by the State or the Administrabr upon the failure of the area to meet the interim requirement or 

attainment deadline. 

(10) Gemml offset requimment-For purposes of saf%Wng the 

emission offSet requirements of Part D in marginal ozone no=.$ 

*ent areas, the mtio of total required emission reductions to 

b~ increased emission from a new or madifjed facility is to be at 

least 1.2 to 1. . Severe ama requirements.-Section 182(d) provides that all requirements for SIP revisions applicable to serious areas are also to 

be applicable to severe areas. Additional 9 uirements are provided for in this subsection, as described below. or any severe area the 

terms "major source" and "mejar stationary sourcen apply to all 

sources included in the section 302 definition of "major stationary source", as well as any stationary source or group of aourcea located within a contiioua area and under common control that emib 

or has the potential to emit 25 tons or more of VOCs. These definitional chan and interpretations haw the same principal effects 

as describfior serioua areas. As already noted, it is not the Committee's intent that natural gas pumping stations or other natural 

gas %&ties connected by a pipeline but not otherwise within a 

contiguous area and under common control should be grouped together and considered a single source under this provision. Additional SIP revisions required for severe areas include the foll0$%ehicZe miles Wueled-Within hvo years of enactment, the 

State is required ta submit a SIP revision including all reasonably available techniques for redu jpgate vehicle emissions. At a 

minimum the revidon must 97 in u e ecific enforceable strategies and transportation oontml measurns Sequate to off%& any gronth in emissions from increases in vehicle miles traveled (VMl'9. The 

baseline for determining whether there has been growth in emisdons due to incrsased VMT is the level of vehicle emissions that 

would occur if VMT held constant in the area The State 111ust consider the measures specified in section 108(f), as amended by this 

Heinonline -- 2 Environment and Natural Resources Policy Division, Library of Congress, A Legislative History of the Clean Air 

Act Amendments of 1990 3266 1998 
bill and include in the SIP, for any such measures not included in 

fihe pIan, an expIamtian of why such measure was not adopted, 

specifying the emission reduction measure adopted in its pbDe to 

achieve a compBI8b1e reduction in emissions, or providing reasons 

why such reduction is not necessary to attain the health-based 

s@-dard for ozone air mUutim 

Where a -$""don mtm~ strategy ~isted in don 108(0 not utilized the 1nust explain in its impIementation ph why it was not, ad must provide an alternative means of achieving the 

&ion &u&ns that would have been unless it 

show that such reductions are not needed for a-ent. It should 

be noted that amended section 108(0 requires kt the state should 

ensure ade~mh access to downtown and other commercial md residential areas and should avoid rn- that in- or rehte 

emissions and congestion rather thaa reduce &ern. This pm*im responds to the extreme importance of trampartation planr.&g to 

attain and maintain ambient air quality standards h the nation's 

most severely poUuted citim 

(2) Ofiet requiremen&.-For purposes of satisfging the e-u)n offiet requhmnt of Part D in severe ozone nonattahment a~eas 

the ratio of total required emission reductiom to totat inmed 

emj8sions fram a new or mod%& fWty is required to be at least 

1.3 to 1. However, if the State air quality plan mquims that all existing major sources in the nonattabment area use the best available control techno as &fined in section 169, for the control of 

VOCs, the required l?P o set ratio shall be 1.2 to I, 

The lower offset ratio for areas requiring best available control 

technology, instead of reasonably available etrol technology, for 

sources is intended to provide an incentive for the use 

of "3 more ective po~~utim control technolo on &sting sources, and is Wer intended as a recognition f t t once all existing 

sources axe tightly controlled and additional emission reductions 

needed for offsets will be more difficult to sem. 

Extreme area requimmenk-Section 182(e) provides tbt requirements for SIP revisions applicable to severe areas are also to 

Be applicable to extreme areas, as well as additional requirements provided for in this subsection. For any extreme area the ter~1~ 

"major source" and ''nqjor stationary source" apply to all sources 

included in the section 302 definition of major statimary source, as 

well as any stationary source or group of sources lm&d within a 

contiguous area and under common contro1 that emits or has the 

potentid to emit 10 tons or more of VOCe. These definitional and 

interpretation changes have the principal effects desmi for serious amas. As already noted, it is not the Committee's intent that 

natural gas pumping stations or other natural gas Mtiea connected b a pipehne but not otherwise located within a contigUou8 

area an $ under common control should be grouped together and 

considered a single source under this pmvis'mn. Section 182(e) e licitly provides that the provisions of (ii) 

of section 182(b~1%, which allows q-g are? to achieve 1- 

than the required 15 percent ermasion reduction m the first SIX and the provisions of ~hse (ii) of 6- 

years tion 182(c)0@, f0u7 which allows qualifying areas to achieve less than 

ne -- 2 Environment and Natural Resources Policy Division, Library of Congress, A Legislative History of the Clean Air Act Amendments of 1990 3267 1998